88R19604 GCB-D
By: VanDeaver H.B. No. 1238
Substitute the following for H.B. No. 1238:
By: Hull C.S.H.B. No. 1238
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.035 to read as follows:
Sec. 38.035. SCHOOL HEALTH AND RELATED SERVICES PROGRAM:
PARENTAL CONSENT. (a) For each student for whom a school district
or open-enrollment charter school may request reimbursement under
the school health and related services program during a school
year, the district or school shall obtain written parental consent
for disclosure to the district or school, the agency, or the Health
and Human Services Commission of the student's personally
identifiable information, as necessary to administer the program.
(b) The parent's written consent under Subsection (a) must
be in a form that satisfies the requirements of the Family
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
1232g).
(c) A school district or open-enrollment charter school
shall provide a copy of a parent's written consent under Subsection
(a) to the agency and the Health and Human Services Commission for
the agency and the commission to maintain in the agency's and the
commission's records as necessary to administer the program.
(d) Parental consent obtained in compliance with Subsection
(a) for a school year is sufficient for all program-related
purposes of the agency or the Health and Human Services Commission
involving the use of a student's personally identifiable
information for the remainder of that year. The school district or
open-enrollment charter school, the agency, or the commission may
not require additional parental consent other than the written
consent described by Subsection (a) for a program-related purpose
that does not involve the sharing of a student's personally
identifiable information.
SECTION 2. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.021183 to read as follows:
Sec. 531.021183. SCHOOL HEALTH AND RELATED SERVICES (SHARS)
HANDBOOK. (a) Not later than July 1 of each year, the commission
shall publish an update to the School Health and Related Services
(SHARS) Handbook portion of the Texas Medicaid Provider Procedures
Manual for providers of services to Medicaid recipients.
(b) For at least 60 days before publishing an update to the
School Health and Related Services (SHARS) Handbook, the executive
commissioner by rule shall establish a procedure allowing the
public to inspect and comment on proposed changes to the handbook in
the same manner that public inspection and comment is provided in
the rulemaking process under Chapter 2001.
(c) The commission shall consult the advisory council
established under Chapter 106, Health and Safety Code, regarding
any proposed changes to the handbook.
SECTION 3. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 106 to read as follows:
CHAPTER 106. SCHOOL HEALTH AND RELATED SERVICES PROGRAM
ADVISORY COUNCIL
Sec. 106.001. DEFINITIONS. In this chapter:
(1) "Advisory council" means the school health and
related services program advisory council established under this
chapter.
(2) "Agency" means the Texas Education Agency.
(3) "SHARS handbook" means the School Health and
Related Services (SHARS) Handbook portion of the Texas Medicaid
Provider Procedures Manual described by Section 531.021183,
Government Code.
(4) "Program" means the school health and related
services program under which certain health-related services
provided under a student's individualized education program are
eligible for Medicaid reimbursement.
Sec. 106.002. COMPOSITION OF COUNCIL. (a) The advisory
council is composed of 13 members as follows:
(1) one employee of the agency with administrative
duties involving the program;
(2) two employees of the commission with
administrative duties involving the program;
(3) one superintendent or chief financial officer of a
school district with a student enrollment of at least 5,000
students;
(4) one superintendent or chief financial officer of a
school district eligible for the allotment under Section 48.101(c),
Education Code;
(5) one superintendent or chief financial officer of a
school district eligible for the allotment under Section 48.101(b)
or (d), Education Code;
(6) one special education director employed by a
school district described by Subdivision (3);
(7) one special education director employed by a
school district described by Subdivision (4);
(8) one special education director employed by a
school district described by Subdivision (5);
(9) two persons who are each a parent of a student
eligible for reimbursement under the program;
(10) one member of an advocacy group for children with
special needs; and
(11) one provider of special education services.
(b) The commissioner of education shall appoint the member
described by Subsection (a)(1). The executive commissioner or the
executive commissioner's designee shall:
(1) appoint the remaining 12 members to the advisory
council; and
(2) designate one member as chair of the advisory
council.
(c) An appointment to a vacancy on the advisory council
shall be made in the same manner as the original appointment. A
member is eligible for reappointment.
Sec. 106.003. TERMS. Members of the advisory council serve
staggered four-year terms, with the terms of six or seven members
expiring on August 31 of each odd-numbered year.
Sec. 106.004. REIMBURSEMENT. Members of the advisory
council serve without compensation but are entitled to
reimbursement for travel expenses.
Sec. 106.005. COUNCIL DUTIES; ADVISORY STATUS. (a) The
advisory council shall advise the agency and the commission
regarding:
(1) implementing and administering the program;
(2) incorporating changes to federal law governing the
program;
(3) publishing the SHARS handbook, including the
adoption of potential amendments to the handbook; and
(4) any other issue involving the administration of
the program or the publication of the handbook.
(b) Chapter 2110, Government Code, does not apply to the
advisory council.
Sec. 106.006. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The
commission shall provide administrative support for the advisory
council.
(b) Funding for the administrative and operational expenses
of the advisory council shall be provided by legislative
appropriation made to the commission for that purpose.
Sec. 106.007. RULES. The executive commissioner may adopt
rules as necessary to implement this chapter.
SECTION 4. Notwithstanding Section 531.021183, Government
Code, as added by this Act, the Health and Human Services Commission
shall publish the update to the School Health and Related Services
(SHARS) Handbook portion of the Texas Medicaid Provider Procedures
Manual as soon as practicable and not later than October 1, 2023.
The Health and Human Services Commission shall publish the update
to the handbook by a date not later than July 1 in 2024 and each
subsequent year.
SECTION 5. As soon as practicable and not later than October
1, 2023, the commissioner of education and the executive
commissioner of the Health and Human Services Commission shall
appoint the members of the school health and related services
program advisory council established under Chapter 106, Health and
Safety Code, as added by this Act, and shall provide for staggered
member terms as required by that chapter.
SECTION 6. 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, 2023.