| 1 | 1 | | 87R5210 MM-D |
|---|
| 2 | 2 | | By: Hinojosa H.B. No. 3225 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the reimbursement under Medicaid of local educational |
|---|
| 8 | 8 | | agencies for the provision of health care services to students. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
|---|
| 11 | 11 | | is amended by adding Section 32.0275 to read as follows: |
|---|
| 12 | 12 | | Sec. 32.0275. REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED |
|---|
| 13 | 13 | | TO MEDICAID-ELIGIBLE STUDENTS BY LOCAL EDUCATIONAL AGENCIES. (a) |
|---|
| 14 | 14 | | In this section, "local educational agency" includes a school |
|---|
| 15 | 15 | | district or open-enrollment charter school. |
|---|
| 16 | 16 | | (b) The commission shall ensure that Medicaid reimbursement |
|---|
| 17 | 17 | | is provided to a local educational agency for all health care |
|---|
| 18 | 18 | | services covered under Medicaid, including behavioral health |
|---|
| 19 | 19 | | services, that are provided to students eligible for Medicaid |
|---|
| 20 | 20 | | through the agency by a health professional, if: |
|---|
| 21 | 21 | | (1) the agency is an authorized health care provider |
|---|
| 22 | 22 | | under Medicaid; and |
|---|
| 23 | 23 | | (2) the parent or legal guardian of the student |
|---|
| 24 | 24 | | provides consent before the service is provided. |
|---|
| 25 | 25 | | (c) The commission shall ensure a local educational agency |
|---|
| 26 | 26 | | receives Medicaid reimbursement under Subsection (b): |
|---|
| 27 | 27 | | (1) regardless of whether: |
|---|
| 28 | 28 | | (A) there is any charge for the service to the |
|---|
| 29 | 29 | | student as a Medicaid recipient or to the community at large; |
|---|
| 30 | 30 | | (B) the provided service is included in a |
|---|
| 31 | 31 | | student's individualized education plan or individualized family |
|---|
| 32 | 32 | | service plan; and |
|---|
| 33 | 33 | | (C) the health professional providing the |
|---|
| 34 | 34 | | service is the recipient's primary care provider; and |
|---|
| 35 | 35 | | (2) that is based on the random moment time study |
|---|
| 36 | 36 | | methodology. |
|---|
| 37 | 37 | | (d) A local educational agency may only use the proceeds of |
|---|
| 38 | 38 | | Medicaid reimbursements received under this section to continue to |
|---|
| 39 | 39 | | fund the provision of health care services by the agency. |
|---|
| 40 | 40 | | SECTION 2. As soon as practicable after the effective date |
|---|
| 41 | 41 | | of this Act, the Health and Human Services Commission shall seek an |
|---|
| 42 | 42 | | amendment to the state Medicaid plan or other appropriate |
|---|
| 43 | 43 | | authorization from the Centers for Medicare and Medicaid Services |
|---|
| 44 | 44 | | or other appropriate federal agency necessary to implement Section |
|---|
| 45 | 45 | | 32.0275, Human Resources Code, as added by this Act, and may delay |
|---|
| 46 | 46 | | implementing that section until the amendment or other |
|---|
| 47 | 47 | | authorization is granted. |
|---|
| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 52 | 52 | | Act takes effect September 1, 2021. |
|---|