Texas 2025 - 89th Regular

Texas House Bill HB3396

Filed
2/26/25  
Out of Senate Committee
 
Voted on by Senate
 
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 enacted, HB 3396 is expected to enhance access to healthcare for children in foster care by simplifying the process for medical consenters to manage care. The bill aims to mitigate previous barriers that might prevent children from receiving adequate medical attention due to network restrictions. By permitting consenters to take on financial responsibility, it addresses these barriers head-on and could lead to improved health outcomes for foster children. It also slightly shifts the financial responsibility framework, highlighting the rights of medical consenters while safeguarding foster children's benefits under Medicaid.

Summary

House Bill 3396 seeks to grant specific authorities to medical consenters regarding the financial responsibility for out-of-network medical care provided to children in foster care. This legislation allows medical consenters, other than the department, to assume financial responsibility for such care, which includes the possibility of enrolling the foster child in a health insurance plan. The bill emphasizes the importance of ensuring that foster children can access necessary medical services, regardless of network limitations. Furthermore, it explicitly states that the department itself will not be liable for costs incurred unless ordered by a court, delineating the scope of responsibility among parties involved in the care of foster children.

Sentiment

The general sentiment around HB 3396 is supportive among child welfare advocates and health professionals who see the potential for better access to necessary services for foster children. However, there may be concern among some stakeholders regarding the implications of shifting financial responsibility from the state to medical consenters, potentially leading to inconsistencies in care depending on the consenters' financial situations. Overall, the bill has garnered attention for balancing the welfare of foster children with the structural responsibilities of the state and private entities involved in their care.

Contention

Notable points of contention in the discussions around HB 3396 include the financial implications for medical consenters who may have to assume significant costs akin to those typically borne by the state. Some legislators are concerned that while the bill addresses immediate care access issues, it does not fully account for the challenges consenters might face when assuming such responsibilities. The discussions have also touched upon the necessity of maintaining clear communication and procedures for notifying caseworkers following the provision of care, reinforcing the collaborative dynamic essential in foster care settings.

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

Government Code

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

Companion Bills

TX SB855

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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