Texas House Bill HB1238

Texas 2023 - 88th Regular

• Filed: 1/9/23
• Out of House Committee: 4/18/23
• Voted on by House: 4/27/23

Caption

Relating to the school health and related services program, including parental consent for program services, the establishment of a school health and related services program advisory council, and the publication of the School Health and Related Services (SHARS) Handbook portion of the Texas Medicaid Provider Procedures Manual.

Impact

The legislation is poised to substantially influence the operational framework of school health services across Texas. By formalizing the advisory council, the bill aims to bridge gaps between educational institutions and health services, providing a mechanism for continuous improvement and adherence to best practices. Furthermore, it presents a structured approach for updating the SHARS Handbook annually, providing clarity and predictability in reimbursement processes for public schools. This effort is particularly significant for school districts that enroll a high number of students with disabilities, as they seek to maximize available funding for health services.

Summary

House Bill 1238, introduced by Representative Van Dever, focuses on enhancing the administration of school health and related services programs. The bill mandates the establishment of a dedicated advisory council that will work alongside the Health and Human Services Commission (HHS) to guide the implementation of health services in Texas public schools. This council will play a crucial role in overseeing the dissemination of the School Health and Related Services (SHARS) Handbook, which outlines the procedures under which certain health-related services can receive Medicaid reimbursement. The bill emphasizes the importance of parental consent for the sharing of students' personally identifiable information, aligning with federal privacy regulations.

Sentiment

General sentiment surrounding HB 1238 appears to be supportive, particularly among educators and advocates for students with disabilities. The introduction of the advisory council is seen as a positive step towards improving collaboration between educational and health agencies. However, there are concerns expressed by some local administrators regarding the complexities of obtaining parental consent and the potential administrative burden this may create. The discussions indicate a recognition of the need for effective health services within schools but also highlight the challenges that could arise in implementation.

Contention

One notable point of contention involves the balance between parental rights and the operational needs of school districts. While the requirement for parental consent is intended to protect student privacy, some educators feel it may deter schools from pursuing necessary health services reimbursable under Medicaid. Additionally, the structure of the advisory council raises questions about representation—ensuring that the voices of parents, health professionals, and educators are adequately included in decision-making processes. Overall, while there is an overarching agreement on the necessity of health services in schools, the means of achieving this, particularly regarding consent protocols, presents a nuanced debate.

Texas Constitutional Statutes Affected

Education Code

• Chapter 38. Health And Safety
  • Section: New Section
  • Section: New Section
  • Section: New Section

Government Code

• Chapter 531. Health And Human Services Commission
  • Section: New Section
  • Section: New Section
  • Section: New Section