| 1 | 1 | | 88R12033 JG-D |
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| 2 | 2 | | By: Raymond H.B. No. 5265 |
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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 Medicaid coverage and reimbursement for certain |
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| 8 | 8 | | inpatient mental health services. |
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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 32.02465 to read as follows: |
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| 12 | 12 | | Sec. 32.02465. REIMBURSEMENT FOR CERTAIN INPATIENT MENTAL |
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| 13 | 13 | | HEALTH SERVICES. (a) In this section, "inpatient mental health |
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| 14 | 14 | | institution" means a hospital, nursing facility, or other |
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| 15 | 15 | | institution with 16 or more beds that primarily provides health |
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| 16 | 16 | | care services, including medical attention, nursing care, and |
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| 17 | 17 | | related services, to individuals with a mental illness. |
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| 18 | 18 | | (b) The commission shall ensure that medical assistance |
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| 19 | 19 | | reimbursement is provided to an inpatient mental health institution |
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| 20 | 20 | | that provides health care services to a recipient under the medical |
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| 21 | 21 | | assistance program. |
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| 22 | 22 | | (c) The executive commissioner by rule shall ensure that |
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| 23 | 23 | | medical assistance reimbursement provided under this section |
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| 24 | 24 | | includes reimbursement for: |
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| 25 | 25 | | (1) health care services provided to a recipient under |
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| 26 | 26 | | the medical assistance program regardless of the recipient's age; |
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| 27 | 27 | | and |
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| 28 | 28 | | (2) the entirety of a recipient's stay at an inpatient |
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| 29 | 29 | | mental health institution during which the institution provided |
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| 30 | 30 | | those services. |
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| 31 | 31 | | SECTION 2. If before implementing any provision of this Act |
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| 32 | 32 | | a state agency determines that a waiver or authorization from a |
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| 33 | 33 | | federal agency is necessary for implementation of that provision, |
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| 34 | 34 | | the agency affected by the provision shall request the waiver or |
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| 35 | 35 | | authorization and may delay implementing that provision until the |
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| 36 | 36 | | waiver or authorization is granted. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2023. |
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