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