| 1 | 1 | | 87R7851 KKR-D |
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| 2 | 2 | | By: Meza H.B. No. 3396 |
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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 provision of behavioral health services under Medicaid |
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| 8 | 8 | | using audio-only technology and to reimbursement for those |
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| 9 | 9 | | services. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 12 | 12 | | amended by adding Section 531.02172 to read as follows: |
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| 13 | 13 | | Sec. 531.02172. OPTION TO RECEIVE BEHAVIORAL HEALTH |
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| 14 | 14 | | SERVICES AS AUDIO-ONLY TELEHEALTH OR TELEMEDICINE MEDICAL SERVICE. |
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| 15 | 15 | | (a) To the extent permitted by federal law, the commission shall |
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| 16 | 16 | | ensure that Medicaid recipients and child health plan program |
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| 17 | 17 | | enrollees, regardless of whether receiving benefits through a |
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| 18 | 18 | | managed care delivery model or another delivery model, have the |
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| 19 | 19 | | option to receive behavioral health services as a telehealth |
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| 20 | 20 | | service or telemedicine medical service, as appropriate, using |
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| 21 | 21 | | audio-only technology if the provider determines that the use of |
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| 22 | 22 | | audio-only technology is clinically appropriate and meets the |
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| 23 | 23 | | standard of care for providing the services. |
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| 24 | 24 | | (b) The commission or a Medicaid managed care organization |
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| 25 | 25 | | shall defer to the determination of the behavioral health service |
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| 26 | 26 | | provider regarding whether the provision of behavioral health |
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| 27 | 27 | | services using audio-only technology is clinically appropriate. |
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| 28 | 28 | | (c) The commission shall ensure that behavioral health |
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| 29 | 29 | | services provided as a telehealth service using audio-only |
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| 30 | 30 | | technology are reimbursed at the same rate as Medicaid reimburses |
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| 31 | 31 | | for the same in-person service. |
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| 32 | 32 | | SECTION 2. If before implementing any provision of this Act |
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| 33 | 33 | | a state agency determines that a waiver or authorization from a |
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| 34 | 34 | | federal agency is necessary for implementation of that provision, |
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| 35 | 35 | | the agency affected by the provision shall request the waiver or |
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| 36 | 36 | | authorization and may delay implementing that provision until the |
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| 37 | 37 | | waiver or authorization is granted. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2021. |
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