88R23122 KKR-F
By: Darby, King of Uvalde, Murr, Dean H.B. No. 1879
Substitute the following for H.B. No. 1879:
By: Noble C.S.H.B. No. 1879
A BILL TO BE ENTITLED
AN ACT
relating to the provision of counseling services by certain
providers under Medicaid and reimbursement for those services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.027, Human Resources Code, is amended
by amending Subsection (l) and adding Subsection (m) to read as
follows:
(l) Subject to appropriations, the commission shall assure
that a recipient of medical assistance under this chapter may
select a licensed psychologist, a licensed marriage and family
therapist, as defined by Section 502.002, Occupations Code, a
licensed professional counselor, as defined by Section 503.002,
Occupations Code, or a licensed clinical [master] social worker, as
defined by Section 505.002, Occupations Code, to perform any health
care service or procedure covered under the medical assistance
program if the selected person is authorized by law to perform the
service or procedure. This subsection shall be liberally
construed.
(m) The commission shall assure that a recipient of medical
assistance under this chapter may select the following to perform
any health care service or procedure covered under the medical
assistance program if the selected person is licensed and
authorized by law to perform the service or procedure:
(1) a licensed marriage and family therapist
associate, as defined by Section 502.002, Occupations Code, who is
working toward fulfilling the supervised practice requirements to
be licensed as a licensed marriage and family therapist, as defined
by that section;
(2) a licensed master social worker, as defined by
Section 505.002, Occupations Code, who is actively pursuing the
education and training required to be licensed as a licensed
clinical social worker, as defined by that section; or
(3) a licensed professional counselor associate, as
described by 22 T.A.C. Chapter 681, who is working toward
fulfilling the supervised practice requirements to be licensed as a
licensed professional counselor, as defined by Section 503.002,
Occupations Code.
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.079 to read as follows:
Sec. 32.079. REIMBURSEMENT FOR CERTAIN COUNSELING
SERVICES. (a) The commission shall provide reimbursement under
the medical assistance program to a provider, including a federally
qualified health center as defined by 42 U.S.C. Section
1396d(l)(2)(B), for the provision of covered counseling services
performed by a person described by Section 32.027(m) who is
selected by a recipient of medical assistance and who is authorized
by law to perform the services. The commission shall ensure that
the provider is reimbursed at a rate equal to 70 percent of the
reimbursement rate established for a licensed psychiatrist or
licensed psychologist for providing similar services.
(b) This section shall be liberally construed.
SECTION 3. 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 4. This Act takes effect September 1, 2023.