Texas 2023 - 88th Regular

Texas House Bill HB4366 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R10190 BDP-F
2	2	By: Howard, Garcia, Thompson of Harris, H.B. No. 4366
3	3	et al.
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the eligibility for and provision of benefits under
9	9	Medicaid or the child health plan program for certain individuals
10	10	committed, placed, or detained in certain facilities and settings.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Section 531.02418, Government
13	13	Code, is amended to read as follows:
14	14	Sec. 531.02418. MEDICAID AND CHILD HEALTH PLAN PROGRAM
15	15	ELIGIBILITY DETERMINATIONS AND BENEFITS FOR CERTAIN INDIVIDUALS;
16	16	ANNUAL REPORT.
17	17	SECTION 2. Section 531.02418, Government Code, is amended
18	18	by amending Subsections (a) and (d) and adding Subsection (f) to
19	19	read as follows:
20	20	(a) Notwithstanding any other law and to the extent
21	21	permitted by federal law, the [The] commission shall enter into a
22	22	memorandum of understanding with the Texas Juvenile Justice
23	23	Department and the Department of Family and Protective Services to
24	24	ensure that each individual who is committed, placed, or detained
25	25	under Title 3, Family Code, is assessed by the commission for
26	26	eligibility for Medicaid, including the STAR Health managed care
27	27	program, and the child health plan program before that individual's
28	28	release from commitment, placement, or detention. Local juvenile
29	29	probation departments are subject to the requirements of the
30	30	memorandum.
31	31	(d) The memorandum of understanding required by Subsection
32	32	(a) must require [be tailored to achieve the goal of ensuring] that:
33	33	(1) an individual described by Subsection (a) who is
34	34	determined eligible by the commission for coverage under Medicaid,
35	35	including the STAR Health managed care program, or the child health
36	36	plan program:
37	37	(A) be [is] enrolled in the program for which the
38	38	individual is eligible; and
39	39	(B) [may] begin receiving services, including
40	40	telehealth and telemedicine medical services, through the program
41	41	as soon as possible after the eligibility determination is made;
42	42	(2) the Texas Juvenile Justice Department, using
43	43	available resources, assist the individual with accessing
44	44	telehealth services or telemedicine medical services, including
45	45	mental health and behavioral health services, through the program
46	46	in which the individual is enrolled; and
47	47	(3) the Texas Juvenile Justice Department, in
48	48	coordination with the commission and Department of Family and
49	49	Protective Services:
50	50	(A) create a release plan for an individual
51	51	described by Subsection (a) who is enrolled in Medicaid, including
52	52	under the STAR Health managed care program, or the child health plan
53	53	program to ensure the individual continues [, if possible, to
54	54	achieve the goal of ensuring that the individual may begin]
55	55	receiving [those] services under the applicable program on the date
56	56	of the individual's release from placement, detention, or
57	57	commitment; or
58	58	(B) if the department is unable to create a
59	59	release plan required under Paragraph (A), include documentation in
60	60	the individual's release order that describes:
61	61	(i) the reasons the department was unable
62	62	to create the plan; and
63	63	(ii) the anticipated impact on the
64	64	individual's continuity of care under the program.
65	65	(f) Not later than September 1 of each year, the Texas
66	66	Juvenile Justice Department shall prepare and submit a report to
67	67	the governor, lieutenant governor, and speaker of the house of
68	68	representatives that contains the following information:
69	69	(1) the number of individuals described by Subsection
70	70	(a) who were:
71	71	(A) determined eligible by the commission for
72	72	coverage under Medicaid or the child health plan program; and
73	73	(B) enrolled in a program under this section;
74	74	(2) the number of individuals described by Subdivision
75	75	(1)(B) who received services under the program in which the
76	76	individual was enrolled while the individual was committed, placed,
77	77	or detained under Title 3, Family Code; and
78	78	(3) if an individual described by Subdivision (1)(B)
79	79	did not receive services under the program in which the individual
80	80	was enrolled, an explanation regarding why the individual did not
81	81	receive services under the program.
82	82	SECTION 3. Section 32.0264, Human Resources Code, is
83	83	repealed.
84	84	SECTION 4. As soon as practicable after the effective date
85	85	of this Act, the Health and Human Services Commission, the Texas
86	86	Juvenile Justice Department, and the Department of Family and
87	87	Protective Services shall update the memorandum of understanding
88	88	required by Section 531.02418, Government Code, as amended by this
89	89	Act.
90	90	SECTION 5. If before implementing any provision of this Act
91	91	a state agency determines that a waiver or authorization from a
92	92	federal agency is necessary for implementation of that provision,
93	93	the agency affected by the provision shall request the waiver or
94	94	authorization and may delay implementing that provision until the
95	95	waiver or authorization is granted.
96	96	SECTION 6. This Act takes effect immediately if it receives
97	97	a vote of two-thirds of all the members elected to each house, as
98	98	provided by Section 39, Article III, Texas Constitution. If this
99	99	Act does not receive the vote necessary for immediate effect, this
100	100	Act takes effect September 1, 2023.