| 1 | 1 | | 88R2856 KKR-D |
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| 2 | 2 | | By: Lozano H.B. No. 1571 |
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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 reimbursement under Medicaid of local educational |
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| 8 | 8 | | agencies for the provision of health care services to students. |
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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 32, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 32.0271 to read as follows: |
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| 12 | 12 | | Sec. 32.0271. REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED |
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| 13 | 13 | | TO MEDICAID-ELIGIBLE STUDENTS BY LOCAL EDUCATIONAL AGENCIES. (a) |
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| 14 | 14 | | In this section, "local educational agency" includes a school |
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| 15 | 15 | | district or open-enrollment charter school. |
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| 16 | 16 | | (b) The commission shall ensure that Medicaid reimbursement |
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| 17 | 17 | | is provided to a local educational agency for all health care |
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| 18 | 18 | | services covered under Medicaid, including behavioral health |
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| 19 | 19 | | services and nursing services, that are provided to students |
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| 20 | 20 | | eligible for Medicaid through the agency by a health professional, |
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| 21 | 21 | | if: |
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| 22 | 22 | | (1) the agency is an authorized health care provider |
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| 23 | 23 | | under Medicaid; and |
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| 24 | 24 | | (2) the parent or legal guardian of the student |
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| 25 | 25 | | provides consent before the service is provided. |
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| 26 | 26 | | (c) To the extent permitted by federal law, the commission |
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| 27 | 27 | | shall ensure a local educational agency receives Medicaid |
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| 28 | 28 | | reimbursement under Subsection (b) regardless of whether: |
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| 29 | 29 | | (1) the service is included in a student's |
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| 30 | 30 | | individualized education plan or individualized family service |
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| 31 | 31 | | plan; and |
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| 32 | 32 | | (2) the health professional providing the service is |
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| 33 | 33 | | the recipient's primary care provider. |
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| 34 | 34 | | SECTION 2. As soon as practicable after the effective date |
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| 35 | 35 | | of this Act, the Health and Human Services Commission shall seek an |
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| 36 | 36 | | amendment to the state Medicaid plan or other appropriate |
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| 37 | 37 | | authorization from the Centers for Medicare and Medicaid Services |
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| 38 | 38 | | or other appropriate federal agency necessary to implement Section |
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| 39 | 39 | | 32.0271, Human Resources Code, as added by this Act, and may delay |
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| 40 | 40 | | implementing that section until the amendment or other |
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| 41 | 41 | | authorization is granted. |
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| 42 | 42 | | SECTION 3. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2023. |
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