Texas 2023 - 88th Regular

Texas House Bill HB1396 Compare Versions

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1	1	88R3704 KKR-D
2	2	By: Moody H.B. No. 1396
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the provision of counseling services by certain
8	8	providers under Medicaid and reimbursement for those services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 32.027, Human Resources Code, is amended
11	11	by amending Subsection (l) and adding Subsection (m) to read as
12	12	follows:
13	13	(l) Subject to appropriations, the commission shall assure
14	14	that a recipient of medical assistance under this chapter may
15	15	select a licensed psychologist, a licensed marriage and family
16	16	therapist, as defined by Section 502.002, Occupations Code, a
17	17	licensed professional counselor, as defined by Section 503.002,
18	18	Occupations Code, or a licensed clinical [master] social worker, as
19	19	defined by Section 505.002, Occupations Code, to perform any health
20	20	care service or procedure covered under the medical assistance
21	21	program if the selected person is authorized by law to perform the
22	22	service or procedure. This subsection shall be liberally
23	23	construed.
24	24	(m) The commission shall assure that a recipient of medical
25	25	assistance under this chapter may select the following to perform
26	26	any health care service or procedure covered under the medical
27	27	assistance program if the selected person is licensed and
28	28	authorized by law to perform the service or procedure:
29	29	(1) a licensed marriage and family therapist
30	30	associate, as defined by Section 502.002, Occupations Code, who is
31	31	working toward fulfilling the supervised practice requirements to
32	32	be licensed as a licensed marriage and family therapist, as defined
33	33	by that section;
34	34	(2) a licensed master social worker, as defined by
35	35	Section 505.002, Occupations Code, who is actively pursuing the
36	36	education and training required to be licensed as a licensed
37	37	clinical social worker, as defined by that section; or
38	38	(3) a licensed professional counselor associate, as
39	39	described by 22 T.A.C. Chapter 681, who is working toward
40	40	fulfilling the supervised practice requirements to be licensed as a
41	41	licensed professional counselor, as defined by Section 503.002,
42	42	Occupations Code.
43	43	SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
44	44	is amended by adding Section 32.079 to read as follows:
45	45	Sec. 32.079. REIMBURSEMENT FOR CERTAIN COUNSELING
46	46	SERVICES. (a) The commission shall provide reimbursement under
47	47	the medical assistance program to a provider described by Section
48	48	32.027(l) who is a licensed marriage and family therapist, licensed
49	49	professional counselor, or licensed clinical social worker, is
50	50	selected by a recipient of medical assistance, and provides
51	51	counseling services covered under the medical assistance program
52	52	that the provider is authorized by law to perform. The commission
53	53	shall ensure that the provider is reimbursed at a rate equal to the
54	54	reimbursement rate established for a licensed psychiatrist or
55	55	licensed psychologist for providing similar services.
56	56	(b) The commission shall provide reimbursement under the
57	57	medical assistance program to a provider described by Section
58	58	32.027(m) who is selected by a recipient of medical assistance and
59	59	who provides counseling services covered under the medical
60	60	assistance program that the provider is authorized by law to
61	61	perform. The commission shall ensure that the provider is
62	62	reimbursed at a rate equal to 70 percent of the reimbursement rate
63	63	established for a licensed psychiatrist or licensed psychologist
64	64	for providing similar services.
65	65	(c) This section shall be liberally construed.
66	66	SECTION 3. If before implementing any provision of this Act
67	67	a state agency determines that a waiver or authorization from a
68	68	federal agency is necessary for implementation of that provision,
69	69	the agency affected by the provision shall request the waiver or
70	70	authorization and may delay implementing that provision until the
71	71	waiver or authorization is granted.
72	72	SECTION 4. This Act takes effect September 1, 2023.