1 | 1 | | 86R4305 KFF-D |
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2 | 2 | | By: Davis of Harris H.B. No. 1295 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to early childhood intervention and rehabilitative and |
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8 | 8 | | habilitative services. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Subchapter A, Chapter 533, Government Code, is |
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11 | 11 | | amended by adding Section 533.00521 to read as follows: |
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12 | 12 | | Sec. 533.00521. STAR HEALTH PROGRAM: EARLY CHILDHOOD |
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13 | 13 | | INTERVENTION SERVICES. (a) A managed care organization that |
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14 | 14 | | contracts with the commission to provide health care services to |
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15 | 15 | | recipients under the STAR Health program may not require prior |
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16 | 16 | | authorization for the provision of early childhood intervention |
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17 | 17 | | program services under Chapter 73, Human Resources Code, to a child |
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18 | 18 | | eligible for the program, including services specified in the |
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19 | 19 | | child's individualized family service plan issued by the commission |
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20 | 20 | | under the program. |
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21 | 21 | | (b) A contract between a managed care organization and the |
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22 | 22 | | commission for the organization to provide health care services to |
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23 | 23 | | recipients under the STAR Health program must contain a requirement |
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24 | 24 | | that the organization: |
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25 | 25 | | (1) proactively review and monitor recipient access |
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26 | 26 | | and utilization of early childhood intervention services under |
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27 | 27 | | Chapter 73, Human Resources Code; and |
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28 | 28 | | (2) demonstrate to the commission that the |
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29 | 29 | | organization is in compliance with Subsection (a), including a |
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30 | 30 | | requirement that the organization submit quarterly reports to the |
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31 | 31 | | commission that verify that the organization did not include a |
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32 | 32 | | prior authorization request for early childhood intervention |
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33 | 33 | | services under Chapter 73, Human Resources Code, as part of a |
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34 | 34 | | medical necessity determination. |
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35 | 35 | | SECTION 2. Section 73.001, Human Resources Code, is amended |
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36 | 36 | | by adding Subdivision (5) to read as follows: |
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37 | 37 | | (5) "Medicaid" means the medical assistance program |
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38 | 38 | | established under Chapter 32, Human Resources Code. |
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39 | 39 | | SECTION 3. Section 73.0051(l), Human Resources Code, is |
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40 | 40 | | redesignated as Section 73.0052, Human Resources Code, and amended |
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41 | 41 | | to read as follows: |
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42 | 42 | | Sec. 73.0052. SYSTEM OF PAYMENTS. (a) Subject to the |
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43 | 43 | | requirements of this section, the [(l) The] executive |
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44 | 44 | | commissioner by rule may establish a system of payments by families |
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45 | 45 | | of children receiving services under this chapter, including a |
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46 | 46 | | schedule of sliding fees, in a manner consistent with 34 C.F.R. |
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47 | 47 | | Sections 303.13(a)(3), 303.520, and 303.521. |
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48 | 48 | | (b) In adopting a system of payments under this section and |
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49 | 49 | | to the extent permitted by federal law, the executive commissioner |
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50 | 50 | | shall require that if a child has private health benefits coverage, |
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51 | 51 | | the health benefits plan provider that provides the coverage is the |
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52 | 52 | | primary payor of services provided under this chapter, except as |
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53 | 53 | | provided by Subsection (c). |
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54 | 54 | | (c) If the child covered by private health benefits coverage |
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55 | 55 | | described by Subsection (b) would be required to pay any amount |
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56 | 56 | | out-of-pocket for a service provided under this chapter, including |
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57 | 57 | | any deductible, copayment, coinsurance, or other cost-sharing |
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58 | 58 | | payment, the executive commissioner shall ensure the claim for |
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59 | 59 | | services is paid using money from the following sources in the |
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60 | 60 | | following order: |
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61 | 61 | | (1) federal funds received under Part C, Individuals |
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62 | 62 | | with Disabilities Education Act (IDEA) (20 U.S.C. Section 1431 et |
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63 | 63 | | seq.); |
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64 | 64 | | (2) Medicaid, if applicable; and |
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65 | 65 | | (3) to the extent money is appropriated for that |
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66 | 66 | | purpose, general revenue. |
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67 | 67 | | SECTION 4. Chapter 73, Human Resources Code, is amended by |
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68 | 68 | | adding Sections 73.00521 and 73.00522 to read as follows: |
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69 | 69 | | Sec. 73.00521. DELIVERY OF SERVICES. (a) Notwithstanding |
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70 | 70 | | any other law and except as provided by Subsection (b), the |
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71 | 71 | | commission shall provide services under this chapter to each |
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72 | 72 | | eligible child through the STAR Kids managed care program |
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73 | 73 | | established under Section 533.00253, Government Code, regardless |
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74 | 74 | | of the child's Medicaid eligibility. |
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75 | 75 | | (b) Notwithstanding any other law, the commission shall |
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76 | 76 | | provide through the STAR Health program services under this chapter |
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77 | 77 | | to each eligible child who is in the conservatorship of the |
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78 | 78 | | Department of Family and Protective Services. |
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79 | 79 | | Sec. 73.00522. OMBUDSMAN FOR CERTAIN STAR KIDS MANAGED CARE |
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80 | 80 | | PROGRAM ENROLLEES. (a) In this section, "ombudsman" means the |
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81 | 81 | | individual designated as the ombudsman for children receiving early |
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82 | 82 | | childhood intervention services through the STAR Kids managed care |
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83 | 83 | | program under Section 73.00521(a). |
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84 | 84 | | (b) The executive commissioner shall designate an ombudsman |
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85 | 85 | | for children receiving early childhood intervention services |
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86 | 86 | | through the STAR Kids managed care program under Section |
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87 | 87 | | 73.00521(a). |
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88 | 88 | | (c) The ombudsman's office is administratively attached to |
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89 | 89 | | the office of the ombudsman of the commission. |
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90 | 90 | | (d) The commission may use an alternate title for the |
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91 | 91 | | ombudsman in consumer-directed materials if the commission |
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92 | 92 | | determines that the alternate title would benefit consumers' |
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93 | 93 | | understanding of or access to ombudsman services. |
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94 | 94 | | (e) The ombudsman serves as a neutral party to assist |
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95 | 95 | | children who are eligible to receive or receiving early childhood |
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96 | 96 | | intervention services through the STAR Kids managed care program |
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97 | 97 | | under Section 73.00521(a) and their parents and guardians in |
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98 | 98 | | resolving issues related to applying for and receiving those |
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99 | 99 | | services. |
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100 | 100 | | (f) The ombudsman shall for children and the parents and |
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101 | 101 | | guardians of children eligible to receive or receiving early |
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102 | 102 | | childhood intervention services through the STAR Kids managed care |
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103 | 103 | | program under Section 73.00521(a): |
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104 | 104 | | (1) provide dispute and complaint resolution |
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105 | 105 | | services; |
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106 | 106 | | (2) perform consumer protection and advocacy |
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107 | 107 | | functions; and |
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108 | 108 | | (3) collect inquiry and complaint data. |
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109 | 109 | | (g) The executive commissioner by rule shall adopt and |
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110 | 110 | | ensure the use of procedures for the reporting, monitoring, and |
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111 | 111 | | resolution of disputes and complaints described by Subsection (f) |
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112 | 112 | | that are consistent with the procedures adopted and used under |
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113 | 113 | | Medicaid. |
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114 | 114 | | SECTION 5. Section 73.009(a), Human Resources Code, is |
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115 | 115 | | amended to read as follows: |
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116 | 116 | | (a) The commission [department] shall develop and the |
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117 | 117 | | executive commissioner shall establish policies concerning |
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118 | 118 | | services described by this section. A child under three years of |
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119 | 119 | | age and the child's parent, guardian, or other legally authorized |
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120 | 120 | | representative: |
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121 | 121 | | (1) [family] may be referred for services described by |
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122 | 122 | | this section if the child is: |
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123 | 123 | | (A) [(1)] identified as having a developmental |
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124 | 124 | | delay; |
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125 | 125 | | (B) [(2)] suspected of having a developmental |
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126 | 126 | | delay; or |
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127 | 127 | | (C) [(3)] considered at risk of developmental |
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128 | 128 | | delay; and |
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129 | 129 | | (2) shall be referred for services described by this |
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130 | 130 | | section if the child is: |
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131 | 131 | | (A) in the conservatorship of the Department of |
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132 | 132 | | Family and Protective Services; and |
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133 | 133 | | (B) at least one year of age unless an earlier |
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134 | 134 | | referral for services is made. |
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135 | 135 | | SECTION 6. Chapter 73, Human Resources Code, is amended by |
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136 | 136 | | adding Sections 73.0105, 73.0111, and 73.012 to read as follows: |
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137 | 137 | | Sec. 73.0105. COMBINED OR CONCURRENT APPOINTMENTS. The |
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138 | 138 | | commission shall ensure that: |
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139 | 139 | | (1) the parent, guardian, or other legally authorized |
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140 | 140 | | representative of siblings who are eligible for the same service |
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141 | 141 | | under this chapter is allowed to elect to have the siblings receive |
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142 | 142 | | the service from the same provider at the same appointment if the |
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143 | 143 | | provider agrees that the provision of services in this manner is |
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144 | 144 | | appropriate treatment for the needs of each child; or |
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145 | 145 | | (2) if the siblings' parent, guardian, or other |
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146 | 146 | | legally authorized representative does not make the election under |
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147 | 147 | | Subdivision (1) or the siblings are eligible for different services |
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148 | 148 | | under this chapter that are available from the same provider, the |
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149 | 149 | | parent, guardian, or legally authorized representative may |
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150 | 150 | | schedule the appointments for the services near in time to each |
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151 | 151 | | other. |
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152 | 152 | | Sec. 73.0111. PROVIDER OMBUDSMAN. (a) In this section, |
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153 | 153 | | "ombudsman" means the individual designated as the ombudsman for |
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154 | 154 | | providers of services authorized under this chapter. |
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155 | 155 | | (b) The executive commissioner shall designate an ombudsman |
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156 | 156 | | for providers of services authorized under this chapter. |
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157 | 157 | | (c) The ombudsman's office is administratively attached to |
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158 | 158 | | the office of the ombudsman of the commission. |
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159 | 159 | | (d) The commission may use an alternate title for the |
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160 | 160 | | ombudsman in provider-directed materials if the commission |
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161 | 161 | | determines that the alternate title would benefit providers' |
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162 | 162 | | understanding of or access to ombudsman services. |
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163 | 163 | | (e) The ombudsman serves as a neutral party to assist |
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164 | 164 | | providers of services authorized under this chapter in resolving |
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165 | 165 | | issues related to providing early childhood intervention services |
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166 | 166 | | under this chapter, including through the STAR Kids managed care |
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167 | 167 | | program. |
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168 | 168 | | (f) The ombudsman shall: |
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169 | 169 | | (1) provide dispute and complaint resolution |
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170 | 170 | | services; |
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171 | 171 | | (2) perform provider protection and advocacy |
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172 | 172 | | functions; and |
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173 | 173 | | (3) collect inquiry and complaint data. |
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174 | 174 | | (g) The executive commissioner by rule shall adopt and |
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175 | 175 | | ensure the use of procedures for the reporting, monitoring, and |
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176 | 176 | | resolution of disputes and complaints described by Subsection (f) |
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177 | 177 | | that are consistent with the procedures adopted and used under |
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178 | 178 | | Medicaid. |
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179 | 179 | | Sec. 73.012. REIMBURSEMENT METHODOLOGY FOR CASE MANAGEMENT |
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180 | 180 | | SERVICES. (a) The executive commissioner shall: |
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181 | 181 | | (1) apply for and actively pursue from the federal |
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182 | 182 | | Centers for Medicare and Medicaid Services or other appropriate |
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183 | 183 | | federal agency any waiver or other authorization necessary to |
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184 | 184 | | provide reimbursement under Medicaid for case management services |
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185 | 185 | | provided under this chapter; and |
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186 | 186 | | (2) pending authorization under Subdivision (1), |
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187 | 187 | | request clear direction and guidance from the federal Centers for |
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188 | 188 | | Medicare and Medicaid Services on the reimbursement methodology |
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189 | 189 | | that may be used for the provision of case management services under |
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190 | 190 | | this chapter, including direction on allowable and unallowable |
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191 | 191 | | costs. |
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192 | 192 | | (b) If appropriate and based on the guidance received under |
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193 | 193 | | Subsection (a), the executive commissioner shall amend rules |
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194 | 194 | | governing reimbursement for the provision of case management |
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195 | 195 | | services under this chapter to ensure providers are reimbursed for |
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196 | 196 | | all allowable costs. |
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197 | 197 | | (c) This section expires September 1, 2021. |
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198 | 198 | | SECTION 7. Subtitle B, Title 3, Human Resources Code, is |
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199 | 199 | | amended by adding Chapter 74 to read as follows: |
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200 | 200 | | CHAPTER 74. TELE-CONNECTIVE PILOT PROGRAM |
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201 | 201 | | Sec. 74.0001. DEFINITIONS. In this chapter: |
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202 | 202 | | (1) "Commission" means the Health and Human Services |
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203 | 203 | | Commission. |
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204 | 204 | | (2) "Developmental delay" has the meaning assigned by |
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205 | 205 | | Section 73.001. |
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206 | 206 | | (3) "Eligible child" means a child who is eligible for |
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207 | 207 | | early childhood intervention services under Chapter 73. |
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208 | 208 | | (4) "Executive commissioner" means the executive |
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209 | 209 | | commissioner of the Health and Human Services Commission. |
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210 | 210 | | (5) "Tele-connective pilot program" means the program |
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211 | 211 | | developed and implemented under Section 74.0002. |
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212 | 212 | | (6) "Telehealth service" and "telemedicine medical |
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213 | 213 | | service" have the meanings assigned by Section 111.001, Occupations |
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214 | 214 | | Code. |
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215 | 215 | | Sec. 74.0002. TELE-CONNECTIVE PILOT PROGRAM. The |
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216 | 216 | | commission shall develop and implement a pilot program to provide |
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217 | 217 | | early childhood intervention services under Chapter 73 to eligible |
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218 | 218 | | children through the provision of telehealth and telemedicine |
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219 | 219 | | medical services delivered using access points established in |
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220 | 220 | | school districts selected to participate in the program. |
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221 | 221 | | Sec. 74.0003. SCHOOL DISTRICT SELECTION. The commission in |
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222 | 222 | | cooperation with the Texas Education Agency shall select the school |
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223 | 223 | | districts in which to implement the tele-connective pilot program. |
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224 | 224 | | In determining the school districts in which to implement the |
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225 | 225 | | program, the commission and the Texas Education Agency: |
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226 | 226 | | (1) shall consider each school district in which there |
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227 | 227 | | is: |
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228 | 228 | | (A) a low or inadequate number of service |
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229 | 229 | | providers authorized under Chapter 73; or |
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230 | 230 | | (B) a significant risk of losing service |
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231 | 231 | | providers authorized under Chapter 73; and |
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232 | 232 | | (2) may implement the program only in school districts |
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233 | 233 | | in which the implementation is reasonable and feasible. |
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234 | 234 | | Sec. 74.0004. PROVIDER PARTICIPATION. (a) The commission |
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235 | 235 | | shall ensure that providers of services under Chapter 73 other than |
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236 | 236 | | school districts are allowed to participate as providers in the |
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237 | 237 | | tele-connective pilot program and provide services outside the |
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238 | 238 | | school-based setting. |
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239 | 239 | | (b) The commission shall collaborate with the Texas |
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240 | 240 | | Education Agency to establish school-based provider access points |
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241 | 241 | | for the program. |
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242 | 242 | | Sec. 74.0005. ADEQUATE NETWORK OF ACCESS POINTS. The |
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243 | 243 | | commission and the Texas Education Agency shall ensure that an |
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244 | 244 | | adequate number of school-based and non-school-based |
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245 | 245 | | tele-connective pilot program access points are established in a |
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246 | 246 | | school district participating in the program. |
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247 | 247 | | Sec. 74.0006. AUTOMATIC AND VOLUNTARY PARTICIPATION OF |
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248 | 248 | | CERTAIN ELIGIBLE CHILDREN. (a) Subject to Subsection (b) and |
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249 | 249 | | notwithstanding Section 73.0051(j), the commission shall |
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250 | 250 | | automatically enroll an eligible child in the tele-connective pilot |
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251 | 251 | | program if the child has a developmental delay of at least 30 |
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252 | 252 | | percent but less than 70 percent in only one area. An eligible |
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253 | 253 | | child may not be enrolled in the tele-connective pilot program and |
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254 | 254 | | may receive services in an in-person setting if the child has a |
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255 | 255 | | developmental delay: |
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256 | 256 | | (1) in any degree in at least two areas; or |
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257 | 257 | | (2) of at least 70 percent in one area. |
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258 | 258 | | (b) The parent, guardian, or other legally authorized |
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259 | 259 | | representative of an eligible child may, at any time, elect to opt |
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260 | 260 | | the child out of the tele-connective pilot program. |
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261 | 261 | | Sec. 74.0007. SCHOOL DISTRICT EMPLOYEE TRAINING. The Texas |
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262 | 262 | | Education Agency shall develop a training course on the |
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263 | 263 | | tele-connective pilot program to be given to appropriate school |
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264 | 264 | | district employees. |
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265 | 265 | | Sec. 74.0008. INITIAL SCREENING AND EVALUATION. (a) An |
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266 | 266 | | initial screening or evaluation under the tele-connective pilot |
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267 | 267 | | program must: |
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268 | 268 | | (1) be an in-person consultation; and |
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269 | 269 | | (2) have the parent, guardian, or other legally |
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270 | 270 | | authorized representative of the eligible child present. |
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271 | 271 | | (b) The parent, guardian, or other legally authorized |
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272 | 272 | | representative of an eligible child must be given the opportunity |
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273 | 273 | | to opt the child out of the tele-connective pilot program at the |
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274 | 274 | | time of the child's initial screening or evaluation. |
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275 | 275 | | (c) Notwithstanding any other law, after a child is enrolled |
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276 | 276 | | in the tele-connective pilot program, health care services, |
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277 | 277 | | including any initial treatment or prescription, that are delivered |
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278 | 278 | | or issued by a physician or by a health care provider acting under |
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279 | 279 | | the delegation or supervision of the physician or under the health |
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280 | 280 | | care provider's license may be provided using telecommunications or |
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281 | 281 | | other information technology. |
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282 | 282 | | Sec. 74.0009. PROVIDER REIMBURSEMENT. The executive |
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283 | 283 | | commissioner in adopting rules governing the tele-connective pilot |
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284 | 284 | | program shall ensure that provider reimbursement for a telehealth |
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285 | 285 | | or telemedicine medical service is made at a rate that is comparable |
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286 | 286 | | to the rate paid under private health benefit plans. |
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287 | 287 | | Sec. 74.0010. CONFIDENTIALITY OF INFORMATION. The |
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288 | 288 | | commission shall ensure that the tele-connective pilot program |
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289 | 289 | | complies with federal and state law regarding confidentiality of |
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290 | 290 | | medical information, including the Health Insurance Portability |
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291 | 291 | | and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and |
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292 | 292 | | the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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293 | 293 | | Section 1232g). |
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294 | 294 | | Sec. 74.0011. ACCESS POINT EVALUATION. Not later than |
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295 | 295 | | September 1, 2020, the commission shall conduct an evaluation of |
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296 | 296 | | the tele-connective pilot program to ensure that an adequate number |
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297 | 297 | | of access points have been established in each school district |
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298 | 298 | | participating in the program. This section expires January 1, |
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299 | 299 | | 2021. |
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300 | 300 | | Sec. 74.0012. REPORT. Not later than January 1, 2021, the |
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301 | 301 | | commission shall submit an initial report to the governor, the |
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302 | 302 | | lieutenant governor, the speaker of the house of representatives, |
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303 | 303 | | and the presiding officers of the standing committees of the senate |
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304 | 304 | | and house of representatives having primary jurisdiction over the |
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305 | 305 | | early childhood intervention program authorized by Chapter 73. The |
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306 | 306 | | report must evaluate the operation of the tele-connective pilot |
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307 | 307 | | program and make recommendations regarding the continuation or |
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308 | 308 | | expansion of the program. |
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309 | 309 | | Sec. 74.0013. FUNDING. The commission shall actively seek |
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310 | 310 | | and apply for any available federal money to support the |
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311 | 311 | | tele-connective pilot program, including federal money made |
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312 | 312 | | available by the: |
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313 | 313 | | (1) Federal Communications Commission, including |
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314 | 314 | | money available under the federal Rural Health Care Program; |
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315 | 315 | | (2) United States Health Resources and Services |
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316 | 316 | | Administration's Office for the Advancement of Telehealth; and |
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317 | 317 | | (3) United States Department of Agriculture, |
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318 | 318 | | including the Distance Learning and Telemedicine Grant Program |
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319 | 319 | | established under 7 C.F.R. Part 1734. |
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320 | 320 | | Sec. 74.0014. EXPIRATION. This chapter expires September |
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321 | 321 | | 1, 2023. |
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322 | 322 | | SECTION 8. The heading to Subchapter E, Chapter 1367, |
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323 | 323 | | Insurance Code, is amended to read as follows: |
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324 | 324 | | SUBCHAPTER E. EARLY CHILDHOOD INTERVENTION SERVICES AND |
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325 | 325 | | DEVELOPMENTAL DELAYS |
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326 | 326 | | SECTION 9. Section 1367.201, Insurance Code, is amended to |
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327 | 327 | | read as follows: |
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328 | 328 | | Sec. 1367.201. DEFINITION. In this subchapter, |
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329 | 329 | | rehabilitative and habilitative therapies and related services |
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330 | 330 | | include: |
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331 | 331 | | (1) occupational therapy evaluations and services; |
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332 | 332 | | (2) physical therapy evaluations and services; |
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333 | 333 | | (3) speech therapy evaluations and services; [and] |
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334 | 334 | | (4) dietary or nutritional evaluations; |
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335 | 335 | | (5) specialized skills training by a person certified |
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336 | 336 | | as an early intervention specialist; |
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337 | 337 | | (6) applied behavior analysis treatment by a board |
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338 | 338 | | certified behavior analyst or licensed psychologist; and |
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339 | 339 | | (7) case management provided by a person certified as |
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340 | 340 | | an early intervention specialist. |
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341 | 341 | | SECTION 10. Section 1367.202, Insurance Code, is amended to |
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342 | 342 | | read as follows: |
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343 | 343 | | Sec. 1367.202. APPLICABILITY OF SUBCHAPTER. (a) This |
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344 | 344 | | subchapter applies only to a health benefit plan that: |
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345 | 345 | | (1) provides benefits for medical or surgical expenses |
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346 | 346 | | incurred as a result of a health condition, accident, or sickness, |
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347 | 347 | | including an individual, group, blanket, or franchise insurance |
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348 | 348 | | policy or insurance agreement, a group hospital service contract, |
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349 | 349 | | or an individual or group evidence of coverage that is offered by: |
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350 | 350 | | (A) an insurance company; |
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351 | 351 | | (B) a group hospital service corporation |
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352 | 352 | | operating under Chapter 842; |
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353 | 353 | | (C) a fraternal benefit society operating under |
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354 | 354 | | Chapter 885; |
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355 | 355 | | (D) a stipulated premium company operating under |
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356 | 356 | | Chapter 884; |
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357 | 357 | | (E) a health maintenance organization operating |
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358 | 358 | | under Chapter 843; or |
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359 | 359 | | (F) a multiple employer welfare arrangement |
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360 | 360 | | subject to regulation under Chapter 846; |
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361 | 361 | | (2) is offered by an approved nonprofit health |
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362 | 362 | | corporation that holds a certificate of authority under Chapter |
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363 | 363 | | 844; or |
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364 | 364 | | (3) provides health and accident coverage through a |
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365 | 365 | | risk pool created under Chapter 172, Local Government Code, |
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366 | 366 | | notwithstanding Section 172.014, Local Government Code, or any |
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367 | 367 | | other law. |
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368 | 368 | | (b) Notwithstanding any other law, this subchapter also |
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369 | 369 | | applies to a standard health benefit plan provided under Chapter |
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370 | 370 | | 1507. |
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371 | 371 | | (c) Notwithstanding any provision in Chapter 1575 or 1579 or |
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372 | 372 | | any other law, this subchapter applies to: |
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373 | 373 | | (1) a basic plan under Chapter 1575; and |
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374 | 374 | | (2) a primary care coverage plan under Chapter 1579. |
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375 | 375 | | SECTION 11. Section 1367.203, Insurance Code, is amended to |
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376 | 376 | | read as follows: |
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377 | 377 | | Sec. 1367.203. EXCEPTION. (a) This subchapter does not |
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378 | 378 | | apply to: |
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379 | 379 | | (1) a plan that provides coverage: |
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380 | 380 | | (A) only for a specified disease or for another |
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381 | 381 | | limited benefit; |
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382 | 382 | | (B) only for accidental death or dismemberment; |
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383 | 383 | | (C) for wages or payments in lieu of wages for a |
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384 | 384 | | period during which an employee is absent from work because of |
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385 | 385 | | sickness or injury; |
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386 | 386 | | (D) as a supplement to a liability insurance |
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387 | 387 | | policy; |
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388 | 388 | | (E) for credit insurance; |
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389 | 389 | | (F) only for dental or vision care; or |
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390 | 390 | | (G) only for indemnity for hospital confinement; |
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391 | 391 | | (2) a small employer health benefit plan written under |
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392 | 392 | | Chapter 1501; |
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393 | 393 | | (3) a Medicare supplemental policy as defined by |
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394 | 394 | | Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss); |
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395 | 395 | | (4) a workers' compensation insurance policy; |
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396 | 396 | | (5) medical payment insurance coverage provided under |
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397 | 397 | | a motor vehicle insurance policy; or |
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398 | 398 | | (6) a long-term care insurance policy, including a |
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399 | 399 | | nursing home fixed indemnity policy, unless the commissioner |
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400 | 400 | | determines that the policy provides benefit coverage so |
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401 | 401 | | comprehensive that the policy is a health benefit plan as described |
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402 | 402 | | by Section 1367.202. |
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403 | 403 | | (b) This subchapter does not apply to a qualified health |
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404 | 404 | | plan to the extent that a determination is made under 45 C.F.R. |
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405 | 405 | | Section 155.170 that: |
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406 | 406 | | (1) this subchapter requires the plan to offer |
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407 | 407 | | benefits in addition to the essential health benefits required |
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408 | 408 | | under 42 U.S.C. Section 18022(b); and |
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409 | 409 | | (2) this state is required to defray the cost of the |
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410 | 410 | | benefits mandated under this subchapter. |
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411 | 411 | | SECTION 12. Section 1367.204, Insurance Code, is amended to |
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412 | 412 | | read as follows: |
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413 | 413 | | Sec. 1367.204. PROVISION [OFFER] OF COVERAGE REQUIRED. |
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414 | 414 | | [(a)] A health benefit plan issuer must provide [offer] coverage |
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415 | 415 | | that complies with this subchapter. |
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416 | 416 | | [(b) The individual or group policy or contract holder may |
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417 | 417 | | reject coverage required to be offered under this section.] |
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418 | 418 | | SECTION 13. Section 1367.205, Insurance Code, is amended by |
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419 | 419 | | amending Subsections (a) and (b) and adding Subsection (d) to read |
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420 | 420 | | as follows: |
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421 | 421 | | (a) A health benefit plan required to provide [that |
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422 | 422 | | provides] coverage for rehabilitative and habilitative therapies |
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423 | 423 | | and related services under this subchapter may not prohibit or |
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424 | 424 | | restrict payment for covered services provided to a child and |
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425 | 425 | | determined to be necessary to and provided in accordance with an |
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426 | 426 | | individualized family service plan issued by the Health and Human |
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427 | 427 | | Services Commission [Interagency Council on Early Childhood |
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428 | 428 | | Intervention] under Chapter 73, Human Resources Code. |
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429 | 429 | | (b) Rehabilitative and habilitative therapies and related |
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430 | 430 | | services described by Subsection (a) must be covered in the amount, |
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431 | 431 | | duration, scope, and service setting established in the child's |
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432 | 432 | | individualized family service plan. |
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433 | 433 | | (d) A health benefit plan prior authorization requirement, |
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434 | 434 | | or another requirement that a service be authorized, otherwise |
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435 | 435 | | applicable to a covered rehabilitative or habilitative therapy |
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436 | 436 | | service or a related service is satisfied if the service is |
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437 | 437 | | specified in a child's individualized family service plan. |
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438 | 438 | | SECTION 14. Section 1367.206, Insurance Code, is amended to |
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439 | 439 | | read as follows: |
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440 | 440 | | Sec. 1367.206. PROHIBITED ACTIONS. Under the coverage |
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441 | 441 | | required to be provided [offered] under this subchapter, a health |
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442 | 442 | | benefit plan issuer may not: |
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443 | 443 | | (1) apply the cost of rehabilitative and habilitative |
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444 | 444 | | therapies and related services described by Section 1367.205(a) to |
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445 | 445 | | an annual or lifetime maximum plan benefit or similar provision |
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446 | 446 | | under the plan; or |
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447 | 447 | | (2) use the cost of rehabilitative or habilitative |
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448 | 448 | | therapies and related services described by Section 1367.205(a) as |
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449 | 449 | | the sole justification for: |
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450 | 450 | | (A) increasing plan premiums; or |
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451 | 451 | | (B) terminating the insured's or enrollee's |
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452 | 452 | | participation in the plan. |
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453 | 453 | | SECTION 15. Subchapter A, Chapter 302, Labor Code, is |
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454 | 454 | | amended by adding Section 302.0061 to read as follows: |
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455 | 455 | | Sec. 302.0061. WORKFORCE DEVELOPMENT GRANTS FOR PROVIDERS |
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456 | 456 | | UNDER EARLY CHILDHOOD INTERVENTION PROGRAM. (a) In this section, |
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457 | 457 | | "early childhood intervention program" means the program |
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458 | 458 | | established under Chapter 73, Human Resources Code, to provide |
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459 | 459 | | early childhood intervention services in accordance with Part C, |
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460 | 460 | | Individuals with Disabilities Education Act (IDEA)(20 U.S.C. |
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461 | 461 | | Section 1431 et seq.). |
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462 | 462 | | (b) The commission shall actively seek and apply for federal |
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463 | 463 | | funding to establish a program designed to provide workforce |
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464 | 464 | | development grants to providers participating in the early |
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465 | 465 | | childhood intervention program for purposes of improving the |
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466 | 466 | | provision of program services by offering providers appropriate |
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467 | 467 | | education and training. |
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468 | 468 | | SECTION 16. (a) The Health and Human Services Commission, |
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469 | 469 | | after consulting with the Texas Education Agency, other appropriate |
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470 | 470 | | state agencies, and the advisory committee established under |
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471 | 471 | | Section 73.004, Human Resources Code, shall conduct a financial |
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472 | 472 | | evaluation of the early childhood intervention services provided |
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473 | 473 | | under Chapter 73, Human Resources Code, and report on that |
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474 | 474 | | evaluation. The report must quantify the amount by which providing |
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475 | 475 | | early childhood intervention services in this state affects other |
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476 | 476 | | budget strategies. |
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477 | 477 | | (b) Not later than September 1, 2020, the Health and Human |
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478 | 478 | | Services Commission shall submit the report prepared under |
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479 | 479 | | Subsection (a) of this section to the governor, the lieutenant |
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480 | 480 | | governor, the speaker of the house of representatives, and the |
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481 | 481 | | presiding officers of the standing committees of the senate and |
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482 | 482 | | house of representatives having primary jurisdiction over the early |
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483 | 483 | | childhood intervention program authorized by Chapter 73, Human |
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484 | 484 | | Resources Code. |
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485 | 485 | | SECTION 17. Not later than December 1, 2019, the Health and |
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486 | 486 | | Human Services Commission shall issue guidance to health benefit |
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487 | 487 | | plan issuers clarifying that providers of early childhood |
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488 | 488 | | intervention services under Chapter 73, Human Resources Code, as |
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489 | 489 | | amended by this Act, must file claims using the national provider |
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490 | 490 | | identifier number and Texas provider identifier number. |
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491 | 491 | | SECTION 18. Section 533.00521(b), Government Code, as added |
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492 | 492 | | by this Act, applies to a contract entered into or renewed on or |
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493 | 493 | | after the effective date of this Act. A contract entered into or |
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494 | 494 | | renewed before that date is governed by the law in effect on the |
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495 | 495 | | date the contract was entered into or renewed, and that law is |
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496 | 496 | | continued in effect for that purpose. |
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497 | 497 | | SECTION 19. Subchapter E, Chapter 1367, Insurance Code, as |
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498 | 498 | | amended by this Act, applies only to a health benefit plan |
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499 | 499 | | delivered, issued for delivery, or renewed on or after January 1, |
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500 | 500 | | 2020. A health benefit plan delivered, issued for delivery, or |
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501 | 501 | | renewed before January 1, 2020, is governed by the law as it existed |
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502 | 502 | | immediately before the effective date of this Act, and that law is |
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503 | 503 | | continued in effect for that purpose. |
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504 | 504 | | SECTION 20. (a) As soon as practicable after the effective |
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505 | 505 | | date of this Act, but not later than January 1, 2020, the Health and |
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506 | 506 | | Human Services Commission shall develop and implement the |
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507 | 507 | | tele-connective pilot program required by Chapter 74, Human |
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508 | 508 | | Resources Code, as added by this Act. |
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509 | 509 | | (b) Immediately after the effective date of this Act, the |
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510 | 510 | | Health and Human Services Commission shall apply for and actively |
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511 | 511 | | pursue from the federal Centers for Medicare and Medicaid Services |
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512 | 512 | | or other appropriate federal agency any waiver or other |
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513 | 513 | | authorization necessary to implement Section 73.00521, Human |
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514 | 514 | | Resources Code, as added by this Act. The commission may delay |
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515 | 515 | | implementing Section 73.00521, Human Resources Code, as added by |
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516 | 516 | | this Act, until the waiver or authorization is granted. |
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517 | 517 | | (c) If before implementing any provision of this Act other |
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518 | 518 | | than Sections 73.00521 and 73.012(a)(1), Human Resources Code, as |
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519 | 519 | | added by this Act, a state agency determines that a waiver or |
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520 | 520 | | authorization from a federal agency is necessary for implementation |
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521 | 521 | | of that provision, the agency affected by the provision shall |
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522 | 522 | | request the waiver or authorization and may delay implementing that |
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523 | 523 | | provision until the waiver or authorization is granted. |
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524 | 524 | | SECTION 21. This Act takes effect September 1, 2019. |
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