Texas 2025 - 89th Regular

Texas Senate Bill SB855

Filed
1/22/25  
Out of Senate Committee
4/7/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of certain medical consenters to assume financial responsibility for certain out-of-network medical care provided to children in foster care.

Impact

If passed, SB 855 would amend Section 266.0043 of the Family Code, allowing medical consenters to enroll foster children in health insurance plans and assume financial responsibility for out-of-network care. Importantly, the bill ensures that the Department of Family and Protective Services is not liable for costs unless mandated by a court. This change represents a significant shift in how healthcare for foster children is managed and financed, potentially leading to smoother access to necessary care options.

Summary

Senate Bill 855 addresses the authority of certain medical consenters to assume financial responsibility for medical care provided to children in foster care, particularly when the care is rendered by out-of-network providers. This legislation aims to ensure that medical consenters, who are authorized individuals to consent to healthcare services for these children, can make necessary decisions without being unduly burdened by financial liabilities previously imposed. The bill emphasizes the need for proper notification and documentation processes to uphold the health records of foster children.

Sentiment

The sentiment surrounding SB 855 appears generally supportive, particularly among advocates for foster children, highlighting the importance of accessible healthcare regardless of network limitations. Proponents argue that it will lead to improved healthcare outcomes for vulnerable children by enabling quicker and more flexible responses to their healthcare needs. However, there is also caution regarding the financial implications this may have on the foster care system and the responsibilities placed on medical consenters.

Contention

Notable points of contention include concerns over the potential consequences of medical consenters assuming financial responsibility for out-of-network care. Critics worry that this could lead to scenarios where foster children may not receive optimal care if parents or guardians seek out-of-network options without considering the financial burden. Moreover, there is concern regarding how the bill may interact with existing Medicaid provisions and the extent to which it could affect the rights of parents and guardians involved in the lives of foster children.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 266. Medical Care And Educational Services For Children In Conservatorship Of Department Of Family And Protective Services
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 540. Medicaid Managed Care Program
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Companion Bills

TX HB3396

Identical Relating to the authority of certain medical consenters to assume financial responsibility for certain out-of-network medical care provided to children in foster care.

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