Texas 2023 88th Regular

Texas House Bill HB1397 Introduced / Bill

Filed 01/18/2023

                    88R3703 JG-D
 By: Moody H.B. No. 1397


 A BILL TO BE ENTITLED
 AN ACT
 relating to the provision of community recovery organization
 peer-to-peer services under Medicaid.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter B, Chapter 531, Government Code, is
 amended by adding Section 531.09991 to read as follows:
 Sec. 531.09991.  COMMUNITY RECOVERY ORGANIZATIONS. (a) In
 this section, "community recovery organization" means a nonprofit
 organization that:
 (1)  mobilizes resources inside and outside of a local
 community to increase the prevalence and quality of long-term
 recovery for individuals with a substance use or mental health
 condition and their affected family members;
 (2)  is governed by members of the local community:
 (A)  at least 51 percent of whom identify as an
 individual recovering from a substance use or mental health
 condition; and
 (B)  the remainder of whom identify as an affected
 family member of an individual recovering from a substance use or
 mental health condition; and
 (3)  aligns with applicable national best practices
 recognized by the commission.
 (b)  The executive commissioner shall adopt rules to provide
 Medicaid reimbursement for peer-to-peer services provided by
 community recovery organizations, which must include:
 (1)  rules that establish training requirements for
 community recovery organization peer-to-peer service providers;
 (2)  rules that establish certification and
 supervision requirements for community recovery organizations;
 (3)  rules that define the scope of peer-to-peer
 services that community recovery organizations may provide;
 (4)  rules that distinguish peer-to-peer services
 provided by community recovery organizations from other services
 that a person must hold a license to provide; and
 (5)  any other rules necessary to protect the health
 and safety of individuals receiving services provided by community
 recovery organizations.
 (c)  The executive commissioner shall establish a work group
 to provide input for the adoption of rules under Subsection (b) and
 shall consider that input in adopting rules under that subsection.
 The work group is composed of at least nine but not more than 13
 members with expertise in substance use disorder recovery or
 community recovery organizations. The executive commissioner
 shall ensure that at least half of the work group members are from
 rural communities in this state.
 (d)  The executive commissioner shall appoint one work group
 member to serve as presiding officer.
 (e)  The work group is automatically abolished on the
 adoption of rules under Subsection (b).
 (f)  Subsections (c), (d), and (e) and this subsection expire
 September 1, 2025.
 SECTION 2.  Effective January 1, 2025, Section 32.024, Human
 Resources Code, is amended by adding Subsection (pp) to read as
 follows:
 (pp)  The commission in the commission's rules and standards
 governing the scope of services provided under the medical
 assistance program shall include peer-to-peer services provided by
 community recovery organizations as defined by Section 531.09991,
 Government Code, to the extent permitted by federal law.
 SECTION 3.  Not later than December 31, 2023, the executive
 commissioner of the Health and Human Services Commission shall
 establish the work group required by Section 531.09991, Government
 Code, as added by this Act.
 SECTION 4.  Not later than December 31, 2024, the executive
 commissioner of the Health and Human Services Commission shall
 adopt the rules required by Section 531.09991, Government Code, as
 added by this Act.
 SECTION 5.  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 6.  Except as otherwise provided by this Act, this
 Act takes effect September 1, 2023.