88R2856 KKR-D
By: Lozano H.B. No. 1571
A BILL TO BE ENTITLED
AN ACT
relating to the reimbursement under Medicaid of local educational
agencies for the provision of health care services to students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.0271 to read as follows:
Sec. 32.0271. REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED
TO MEDICAID-ELIGIBLE STUDENTS BY LOCAL EDUCATIONAL AGENCIES. (a)
In this section, "local educational agency" includes a school
district or open-enrollment charter school.
(b) The commission shall ensure that Medicaid reimbursement
is provided to a local educational agency for all health care
services covered under Medicaid, including behavioral health
services and nursing services, that are provided to students
eligible for Medicaid through the agency by a health professional,
if:
(1) the agency is an authorized health care provider
under Medicaid; and
(2) the parent or legal guardian of the student
provides consent before the service is provided.
(c) To the extent permitted by federal law, the commission
shall ensure a local educational agency receives Medicaid
reimbursement under Subsection (b) regardless of whether:
(1) the service is included in a student's
individualized education plan or individualized family service
plan; and
(2) the health professional providing the service is
the recipient's primary care provider.
SECTION 2. As soon as practicable after the effective date
of this Act, the Health and Human Services Commission shall seek an
amendment to the state Medicaid plan or other appropriate
authorization from the Centers for Medicare and Medicaid Services
or other appropriate federal agency necessary to implement Section
32.0271, Human Resources Code, as added by this Act, and may delay
implementing that section until the amendment or other
authorization is granted.
SECTION 3. 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.