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