| 1 | 1 | | 88R3703 JG-D |
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| 2 | 2 | | By: Moody H.B. No. 1397 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of community recovery organization |
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| 8 | 8 | | peer-to-peer services under Medicaid. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 11 | 11 | | amended by adding Section 531.09991 to read as follows: |
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| 12 | 12 | | Sec. 531.09991. COMMUNITY RECOVERY ORGANIZATIONS. (a) In |
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| 13 | 13 | | this section, "community recovery organization" means a nonprofit |
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| 14 | 14 | | organization that: |
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| 15 | 15 | | (1) mobilizes resources inside and outside of a local |
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| 16 | 16 | | community to increase the prevalence and quality of long-term |
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| 17 | 17 | | recovery for individuals with a substance use or mental health |
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| 18 | 18 | | condition and their affected family members; |
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| 19 | 19 | | (2) is governed by members of the local community: |
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| 20 | 20 | | (A) at least 51 percent of whom identify as an |
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| 21 | 21 | | individual recovering from a substance use or mental health |
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| 22 | 22 | | condition; and |
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| 23 | 23 | | (B) the remainder of whom identify as an affected |
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| 24 | 24 | | family member of an individual recovering from a substance use or |
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| 25 | 25 | | mental health condition; and |
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| 26 | 26 | | (3) aligns with applicable national best practices |
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| 27 | 27 | | recognized by the commission. |
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| 28 | 28 | | (b) The executive commissioner shall adopt rules to provide |
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| 29 | 29 | | Medicaid reimbursement for peer-to-peer services provided by |
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| 30 | 30 | | community recovery organizations, which must include: |
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| 31 | 31 | | (1) rules that establish training requirements for |
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| 32 | 32 | | community recovery organization peer-to-peer service providers; |
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| 33 | 33 | | (2) rules that establish certification and |
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| 34 | 34 | | supervision requirements for community recovery organizations; |
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| 35 | 35 | | (3) rules that define the scope of peer-to-peer |
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| 36 | 36 | | services that community recovery organizations may provide; |
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| 37 | 37 | | (4) rules that distinguish peer-to-peer services |
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| 38 | 38 | | provided by community recovery organizations from other services |
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| 39 | 39 | | that a person must hold a license to provide; and |
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| 40 | 40 | | (5) any other rules necessary to protect the health |
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| 41 | 41 | | and safety of individuals receiving services provided by community |
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| 42 | 42 | | recovery organizations. |
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| 43 | 43 | | (c) The executive commissioner shall establish a work group |
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| 44 | 44 | | to provide input for the adoption of rules under Subsection (b) and |
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| 45 | 45 | | shall consider that input in adopting rules under that subsection. |
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| 46 | 46 | | The work group is composed of at least nine but not more than 13 |
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| 47 | 47 | | members with expertise in substance use disorder recovery or |
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| 48 | 48 | | community recovery organizations. The executive commissioner |
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| 49 | 49 | | shall ensure that at least half of the work group members are from |
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| 50 | 50 | | rural communities in this state. |
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| 51 | 51 | | (d) The executive commissioner shall appoint one work group |
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| 52 | 52 | | member to serve as presiding officer. |
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| 53 | 53 | | (e) The work group is automatically abolished on the |
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| 54 | 54 | | adoption of rules under Subsection (b). |
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| 55 | 55 | | (f) Subsections (c), (d), and (e) and this subsection expire |
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| 56 | 56 | | September 1, 2025. |
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| 57 | 57 | | SECTION 2. Effective January 1, 2025, Section 32.024, Human |
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| 58 | 58 | | Resources Code, is amended by adding Subsection (pp) to read as |
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| 59 | 59 | | follows: |
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| 60 | 60 | | (pp) The commission in the commission's rules and standards |
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| 61 | 61 | | governing the scope of services provided under the medical |
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| 62 | 62 | | assistance program shall include peer-to-peer services provided by |
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| 63 | 63 | | community recovery organizations as defined by Section 531.09991, |
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| 64 | 64 | | Government Code, to the extent permitted by federal law. |
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| 65 | 65 | | SECTION 3. Not later than December 31, 2023, the executive |
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| 66 | 66 | | commissioner of the Health and Human Services Commission shall |
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| 67 | 67 | | establish the work group required by Section 531.09991, Government |
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| 68 | 68 | | Code, as added by this Act. |
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| 69 | 69 | | SECTION 4. Not later than December 31, 2024, the executive |
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| 70 | 70 | | commissioner of the Health and Human Services Commission shall |
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| 71 | 71 | | adopt the rules required by Section 531.09991, Government Code, as |
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| 72 | 72 | | added by this Act. |
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| 73 | 73 | | SECTION 5. If before implementing any provision of this Act |
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| 74 | 74 | | a state agency determines that a waiver or authorization from a |
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| 75 | 75 | | federal agency is necessary for implementation of that provision, |
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| 76 | 76 | | the agency affected by the provision shall request the waiver or |
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| 77 | 77 | | authorization and may delay implementing that provision until the |
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| 78 | 78 | | waiver or authorization is granted. |
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| 79 | 79 | | SECTION 6. Except as otherwise provided by this Act, this |
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| 80 | 80 | | Act takes effect September 1, 2023. |
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