88R10190 BDP-F
By: Howard, Garcia, Thompson of Harris, H.B. No. 4366
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for and provision of benefits under
Medicaid or the child health plan program for certain individuals
committed, placed, or detained in certain facilities and settings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 531.02418, Government
Code, is amended to read as follows:
Sec. 531.02418. MEDICAID AND CHILD HEALTH PLAN PROGRAM
ELIGIBILITY DETERMINATIONS AND BENEFITS FOR CERTAIN INDIVIDUALS;
ANNUAL REPORT.
SECTION 2. Section 531.02418, Government Code, is amended
by amending Subsections (a) and (d) and adding Subsection (f) to
read as follows:
(a) Notwithstanding any other law and to the extent
permitted by federal law, the [The] commission shall enter into a
memorandum of understanding with the Texas Juvenile Justice
Department and the Department of Family and Protective Services to
ensure that each individual who is committed, placed, or detained
under Title 3, Family Code, is assessed by the commission for
eligibility for Medicaid, including the STAR Health managed care
program, and the child health plan program before that individual's
release from commitment, placement, or detention. Local juvenile
probation departments are subject to the requirements of the
memorandum.
(d) The memorandum of understanding required by Subsection
(a) must require [be tailored to achieve the goal of ensuring] that:
(1) an individual described by Subsection (a) who is
determined eligible by the commission for coverage under Medicaid,
including the STAR Health managed care program, or the child health
plan program:
(A) be [is] enrolled in the program for which the
individual is eligible; and
(B) [may] begin receiving services, including
telehealth and telemedicine medical services, through the program
as soon as possible after the eligibility determination is made;
(2) the Texas Juvenile Justice Department, using
available resources, assist the individual with accessing
telehealth services or telemedicine medical services, including
mental health and behavioral health services, through the program
in which the individual is enrolled; and
(3) the Texas Juvenile Justice Department, in
coordination with the commission and Department of Family and
Protective Services:
(A) create a release plan for an individual
described by Subsection (a) who is enrolled in Medicaid, including
under the STAR Health managed care program, or the child health plan
program to ensure the individual continues [, if possible, to
achieve the goal of ensuring that the individual may begin]
receiving [those] services under the applicable program on the date
of the individual's release from placement, detention, or
commitment; or
(B) if the department is unable to create a
release plan required under Paragraph (A), include documentation in
the individual's release order that describes:
(i) the reasons the department was unable
to create the plan; and
(ii) the anticipated impact on the
individual's continuity of care under the program.
(f) Not later than September 1 of each year, the Texas
Juvenile Justice Department shall prepare and submit a report to
the governor, lieutenant governor, and speaker of the house of
representatives that contains the following information:
(1) the number of individuals described by Subsection
(a) who were:
(A) determined eligible by the commission for
coverage under Medicaid or the child health plan program; and
(B) enrolled in a program under this section;
(2) the number of individuals described by Subdivision
(1)(B) who received services under the program in which the
individual was enrolled while the individual was committed, placed,
or detained under Title 3, Family Code; and
(3) if an individual described by Subdivision (1)(B)
did not receive services under the program in which the individual
was enrolled, an explanation regarding why the individual did not
receive services under the program.
SECTION 3. Section 32.0264, Human Resources Code, is
repealed.
SECTION 4. As soon as practicable after the effective date
of this Act, the Health and Human Services Commission, the Texas
Juvenile Justice Department, and the Department of Family and
Protective Services shall update the memorandum of understanding
required by Section 531.02418, Government Code, as amended 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. 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.