Texas 2019 - 86th Regular

Texas Senate Bill SB344 Compare Versions

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

Old	New	Differences
1	1	86R4686 JES-F
2	2	By: Watson S.B. No. 344
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the participation of campus-based mental health
8	8	professionals in certain health benefit plans.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 843.010, Insurance Code, is amended to
11	11	read as follows:
12	12	Sec. 843.010. APPLICABILITY OF CERTAIN PROVISIONS TO
13	13	GOVERNMENTAL HEALTH BENEFIT PLANS. (a) Sections 843.306(f) and
14	14	843.363(a)(4) do not apply to coverage under:
15	15	(1) the child health plan program under Chapter 62,
16	16	Health and Safety Code, or the health benefits plan for children
17	17	under Chapter 63, Health and Safety Code; or
18	18	(2) a Medicaid program, including a Medicaid managed
19	19	care program operated under Chapter 533, Government Code.
20	20	(b) Section 843.3046 applies to:
21	21	(1) a basic coverage plan under Chapter 1551;
22	22	(2) a basic plan under Chapter 1575;
23	23	(3) a primary care coverage plan under Chapter 1579;
24	24	(4) a plan providing basic coverage under Chapter
25	25	1601;
26	26	(5) the Medicaid managed care program operated under
27	27	Chapter 533, Government Code; and
28	28	(6) the child health plan program under Chapter 62,
29	29	Health and Safety Code.
30	30	SECTION 2. Subchapter I, Chapter 843, Insurance Code, is
31	31	amended by adding Section 843.3046 to read as follows:
32	32	Sec. 843.3046. CAMPUS-BASED MENTAL HEALTH PROFESSIONALS.
33	33	(a) In this section:
34	34	(1) "Campus-based mental health professional" means a
35	35	licensed clinical social worker, professional counselor,
36	36	psychological associate, or psychologist who provides mental
37	37	health care services primarily or exclusively at a campus of a
38	38	school district or an open-enrollment charter school.
39	39	(2) "Open-enrollment charter school" means a school
40	40	that has been granted a charter under Subchapter D, Chapter 12,
41	41	Education Code.
42	42	(3) "School district" means a public school district
43	43	created under the laws of this state.
44	44	(b) If a health maintenance organization includes mental
45	45	health care services in the services covered by the health
46	46	maintenance organization's health care plan, the health
47	47	maintenance organization may not reject the initial application of
48	48	a campus-based mental health professional to contract with the
49	49	health maintenance organization to provide mental health care
50	50	services on behalf of the health maintenance organization based on
51	51	a determination that the health maintenance organization has
52	52	contracted with sufficient qualified mental health care providers
53	53	in the applicant's geographic area.
54	54	(c) A campus-based mental health professional who applies
55	55	to a health maintenance organization to contract with the health
56	56	maintenance organization to provide mental health care services on
57	57	behalf of the health maintenance organization is entitled to an
58	58	expedited decision on the application.
59	59	SECTION 3. Subchapter C, Chapter 848, Insurance Code, is
60	60	amended by adding Section 848.111 to read as follows:
61	61	Sec. 848.111. CAMPUS-BASED MENTAL HEALTH PROFESSIONALS.
62	62	(a) In this section:
63	63	(1) "Campus-based mental health professional" means a
64	64	licensed clinical social worker, professional counselor,
65	65	psychological associate, or psychologist who provides mental
66	66	health care services primarily or exclusively at a campus of a
67	67	school district or an open-enrollment charter school.
68	68	(2) "Open-enrollment charter school" means a school
69	69	that has been granted a charter under Subchapter D, Chapter 12,
70	70	Education Code.
71	71	(3) "School district" means a public school district
72	72	created under the laws of this state.
73	73	(b) If a health care collaborative includes mental health
74	74	care services in the services covered by the health care
75	75	collaborative's health care plan, the health care collaborative may
76	76	not reject the initial application of a campus-based mental health
77	77	professional to contract with the health care collaborative to
78	78	provide mental health care services as part of the health care
79	79	collaborative's delivery network based on a determination that the
80	80	health care collaborative has contracted with sufficient qualified
81	81	mental health care providers in the applicant's geographic area.
82	82	(c) A campus-based mental health professional who applies
83	83	to a health care collaborative for inclusion in the health care
84	84	collaborative's delivery network is entitled to an expedited
85	85	decision on the application.
86	86	SECTION 4. Subchapter B, Chapter 1301, Insurance Code, is
87	87	amended by adding Section 1301.0516 to read as follows:
88	88	Sec. 1301.0516. CERTAIN CAMPUS-BASED MENTAL HEALTH
89	89	SERVICES. (a) In this section:
90	90	(1) "Campus-based mental health professional" means a
91	91	licensed clinical social worker, professional counselor,
92	92	psychological associate, or psychologist who provides mental
93	93	health care services primarily or exclusively at a campus of a
94	94	school district or an open-enrollment charter school.
95	95	(2) "Open-enrollment charter school" means a school
96	96	that has been granted a charter under Subchapter D, Chapter 12,
97	97	Education Code.
98	98	(3) "School district" means a public school district
99	99	created under the laws of this state.
100	100	(b) Notwithstanding any other law, this section applies to:
101	101	(1) a basic coverage plan under Chapter 1551;
102	102	(2) a basic plan under Chapter 1575;
103	103	(3) a primary care coverage plan under Chapter 1579;
104	104	and
105	105	(4) a plan providing basic coverage under Chapter
106	106	1601.
107	107	(c) If an insurer offers a preferred provider benefit plan
108	108	that includes mental health care services in the services covered
109	109	by the plan, the insurer may not reject the initial application of a
110	110	campus-based mental health professional to contract for
111	111	designation as a preferred provider under the plan based on a
112	112	determination that the insurer has contracted with sufficient
113	113	qualified mental health care providers in the applicant's
114	114	geographic area.
115	115	(d) A campus-based mental health professional who applies
116	116	to an insurer for designation as a preferred provider is entitled to
117	117	an expedited decision on the application.
118	118	SECTION 5. (a) Section 843.3046, Insurance Code, as added
119	119	by this Act, applies only to an application to contract with a
120	120	health maintenance organization submitted on or after the effective
121	121	date of this Act.
122	122	(b) Section 848.111, Insurance Code, as added by this Act,
123	123	applies only to an application to contract with a health care
124	124	collaborative submitted on or after the effective date of this Act.
125	125	(c) Section 1301.0516, Insurance Code, as added by this Act,
126	126	applies only to an application to contract with an insurer
127	127	submitted on or after the effective date of this Act.
128	128	SECTION 6. This Act takes effect September 1, 2019.