Texas 2017 - 85th Regular

Texas House Bill HB4083 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R11123 JG-F
2	2	By: Miller H.B. No. 4083
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to trauma screening for certain children and
8	8	trauma-informed care training for certain providers participating
9	9	in the Medicaid managed care program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 266.0042, Family Code, is amended to
12	12	read as follows:
13	13	Sec. 266.0042. CONSENT FOR PSYCHOTROPIC
14	14	MEDICATION. Consent to the administration of a psychotropic
15	15	medication is valid only if:
16	16	(1) the consent is given voluntarily and without undue
17	17	influence; and
18	18	(2) the person authorized by law to consent for the
19	19	foster child receives verbally or in writing information that
20	20	describes:
21	21	(A) the specific condition to be treated;
22	22	(B) the beneficial effects on that condition
23	23	expected from the medication;
24	24	(C) the probable health and mental health
25	25	consequences of not consenting to the medication;
26	26	(D) the probable clinically significant side
27	27	effects and risks associated with the medication; [and]
28	28	(E) the generally accepted alternative
29	29	medications and non-pharmacological interventions to the
30	30	medication, if any, and the reasons for the proposed course of
31	31	treatment; and
32	32	(F) the determination, following a screening of
33	33	the foster child for trauma, that the symptoms exhibited by the
34	34	foster child are related to a diagnosed mental disorder and not a
35	35	traumatic event or that the administration of the psychotropic
36	36	medication is recommended for temporary relief for symptoms related
37	37	to a traumatic event.
38	38	SECTION 2. Section 533.0052, Government Code, is amended to
39	39	read as follows:
40	40	Sec. 533.0052. STAR HEALTH PROGRAM: TRAUMA-INFORMED CARE
41	41	TRAINING. (a) A contract between a managed care organization and
42	42	the commission for the organization to provide health care services
43	43	to recipients under the STAR Health program must require that:
44	44	(1) [include a requirement that trauma-informed care
45	45	training be offered to] each contracted physician or provider who
46	46	diagnoses mental health conditions or disorders for, prescribes
47	47	psychotropic medications for, or provides non-pharmacological
48	48	interventions or therapeutic treatment for mental health
49	49	conditions or disorders to foster children in the conservatorship
50	50	of the Department of Family and Protective Services receives a
51	51	minimum of eight hours of trauma-informed care training that the
52	52	Department of Family and Protective Services, after consultation
53	53	with the Department of State Health Services, considers appropriate
54	54	and that includes training on:
55	55	(A) attachment theory;
56	56	(B) the impact of trauma on a child's:
57	57	(i) brain development;
58	58	(ii) neurochemistry;
59	59	(iii) behavior; and
60	60	(iv) cognitive processes and perception;
61	61	(C) managing psychological triggers of traumatic
62	62	memories;
63	63	(D) to reduce the chances of misdiagnosis,
64	64	distinctions between symptoms related to trauma exposure and
65	65	symptoms related to mental health disorders;
66	66	(E) the types and appropriate uses of
67	67	non-pharmacological interventions and evidence-based treatment
68	68	modalities for trauma;
69	69	(F) the factors to consider regarding the
70	70	potential use of psychotropic medications by children who have
71	71	experienced traumatic events; and
72	72	(G) the impact of alcohol use on the brain
73	73	development of a child in utero and the impact of fetal alcohol
74	74	spectrum disorder on a child's behavior; and
75	75	(2) each contracted physician or provider who provides
76	76	non-pharmacological interventions or therapeutic treatment to
77	77	foster children in the conservatorship of the Department of Family
78	78	and Protective Services be certified to use at least one
79	79	evidence-based, trauma-informed intervention or therapy that has
80	80	received a positive rating for the strength of the research
81	81	evidence supporting the intervention or therapy from the California
82	82	Evidence-Based Clearinghouse for Child Welfare.
83	83	(a-1) The commission shall make the training described by
84	84	Subsection (a)(1) available at no cost to each contracted physician
85	85	or provider.
86	86	(a-2) A contracted physician or provider may meet the
87	87	requirements in Subsection (a) by providing documentation to the
88	88	commission of relevant training and certification.
89	89	(b) The commission shall require [encourage] each managed
90	90	care organization providing health care services to recipients
91	91	under the STAR Health program to require that each contracted
92	92	physician or provider receives [make] training in distinguishing
93	93	post-traumatic stress disorder from other mental health disorders,
94	94	such as [and] attention-deficit/hyperactivity disorder, bipolar
95	95	disorder, and oppositional defiant disorder, not later than
96	96	[available to a contracted physician or provider within a
97	97	reasonable time after] the date the physician or provider begins
98	98	providing services under the managed care plan.
99	99	(c) Notwithstanding any other law, a contracted physician
100	100	or provider is not required to meet the training and certification
101	101	requirements of this section before September 1, 2019. This
102	102	subsection expires September 1, 2021.
103	103	SECTION 3. (a) Section 533.0052, Government Code, as
104	104	amended by this Act, applies only to a contract between the Health
105	105	and Human Services Commission and a managed care organization that
106	106	is entered into or renewed on or after the effective date of this
107	107	Act.
108	108	(b) To the extent permitted by law or the terms of the
109	109	contract, the Health and Human Services Commission shall amend a
110	110	contract entered into before the effective date of this Act with a
111	111	managed care organization to require compliance with Section
112	112	533.0052, Government Code, as amended by this Act.
113	113	SECTION 4. If before implementing any provision of this Act
114	114	a state agency determines that a waiver or authorization from a
115	115	federal agency is necessary for implementation of that provision,
116	116	the agency affected by the provision shall request the waiver or
117	117	authorization and may delay implementing that provision until the
118	118	waiver or authorization is granted.
119	119	SECTION 5. This Act takes effect September 1, 2017.