Texas 2023 - 88th Regular

Texas House Bill HB98 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Moody, Garcia H.B. No. 98
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the administration, provision, and Medicaid
7	7	reimbursement of mental health or behavioral health services
8	8	provided to certain public school students.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 38, Education Code, is
11	11	amended by adding Section 38.037 to read as follows:
12	12	Sec. 38.037. ON-CAMPUS MENTAL HEALTH OR BEHAVIORAL HEALTH
13	13	SERVICES. (a) A school district may contract with a local mental
14	14	health authority to provide mental health or behavioral health
15	15	services on a campus of the district.
16	16	(b) At the request of a student's parent or guardian, a
17	17	local mental health authority providing on-campus mental health or
18	18	behavioral health services that conducts a mental health or
19	19	behavioral health assessment of the student or provides mental
20	20	health or behavioral health services to the student shall provide
21	21	to the student's primary care physician the results of the
22	22	assessment conducted and, if applicable, the results of any
23	23	services provided.
24	24	SECTION 2. Subchapter B, Chapter 531, Government Code, is
25	25	amended by adding Sections 531.021136 and 531.024121 to read as
26	26	follows:
27	27	Sec. 531.021136. COMMISSION'S AUTHORITY TO RETAIN CERTAIN
28	28	MONEY TO ADMINISTER SCHOOL HEALTH AND RELATED SERVICES PROGRAM.
29	29	(a) This section applies only to federal money the commission
30	30	receives to provide the school health and related services program.
31	31	(b) Subject to Subsection (c), the commission may retain
32	32	from the money to which this section applies an amount equal to the
33	33	estimated costs necessary, as determined by the commission, to
34	34	administer the school health and related services program,
35	35	including costs associated with the development of training
36	36	materials, compliance monitoring, technical assistance, and audit
37	37	functions.
38	38	(c) The amount retained by the commission under this section
39	39	may not exceed two percent of the total amount received by the
40	40	commission during a state fiscal year.
41	41	Sec. 531.024121. SCHOOL HEALTH AND RELATED SERVICES
42	42	PROGRAM: INTEGRITY AND AUDIT FUNCTIONS. (a) The commission shall
43	43	make every effort to ensure the integrity of the school health and
44	44	related services program, including by:
45	45	(1) performing risk assessments of every element of
46	46	the program;
47	47	(2) annually performing desk audits of all local
48	48	education agencies participating in the program;
49	49	(3) performing in-depth audits of a sample of local
50	50	education agencies;
51	51	(4) ensuring compliance with all applicable federal
52	52	standards and guidance regarding the administration of random
53	53	moment time studies, coding, and cost claiming;
54	54	(5) considering information provided by the Texas
55	55	Education Agency on the agency's audits of local education agencies
56	56	that participate in the program;
57	57	(6) coordinating with the Texas Education Agency and
58	58	any relevant stakeholders or advisory bodies in the development of
59	59	training materials, policies, and technical assistance necessary
60	60	to ensure compliance with all applicable state and federal
61	61	requirements; and
62	62	(7) evaluating the program based on metrics developed
63	63	by the commission.
64	64	(b) The commission may contract with a third party with the
65	65	necessary expertise to comply with this section.
66	66	(c) At least once every five years, the commission's office
67	67	of inspector general shall evaluate the effectiveness of the
68	68	commission's efforts to ensure the integrity of the school health
69	69	and related services program.
70	70	SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
71	71	is amended by adding Sections 32.0271 and 32.04245 to read as
72	72	follows:
73	73	Sec. 32.0271. REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED
74	74	TO MEDICAID-ENROLLED STUDENTS BY LOCAL EDUCATION AGENCIES. (a) In
75	75	this section, "local education agency" includes a school district
76	76	or open-enrollment charter school.
77	77	(b) This section applies only with respect to a child who is
78	78	enrolled in Medicaid and is eligible to receive services under the
79	79	school health and related services program, regardless of whether
80	80	the child has an individualized education program.
81	81	(c) The commission shall ensure that reimbursement under
82	82	the school health and related services program is provided to a
83	83	local education agency for all mental health and behavioral health
84	84	services covered under the program that are provided to a child
85	85	described by Subsection (b).
86	86	(d) The parent or legal guardian of a child to whom this
87	87	section applies must provide written consent for any services
88	88	provided to the child under this section. The parent or legal
89	89	guardian may revoke that consent at any time.
90	90	(e) A local education agency that provides mental health or
91	91	behavioral health services to a child under this section shall
92	92	provide a written summary of each of the child's service visits to:
93	93	(1) if the child is younger than 18 years of age, the
94	94	child's parent or legal guardian; and
95	95	(2) if the child's parent or legal guardian provides
96	96	consent, the child's primary care provider.
97	97	(f) This section does not require a local education agency
98	98	to enroll as a Medicaid provider.
99	99	Sec. 32.04245. SCHOOL HEALTH AND RELATED SERVICES PROGRAM:
100	100	THIRD-PARTY INSURERS. The commission may not provide reimbursement
101	101	under the school health and related services program to a
102	102	third-party health insurer for any service provided in order to
103	103	facilitate the coordination of benefits.
104	104	SECTION 4. As soon as practicable after the effective date
105	105	of this Act, the Health and Human Services Commission shall seek any
106	106	necessary amendment to the state Medicaid plan or other appropriate
107	107	authorization from the Centers for Medicare and Medicaid Services
108	108	or other appropriate federal agency to implement Section 32.0271,
109	109	Human Resources Code, as added by this Act, and may delay
110	110	implementing that section until the amendment or other
111	111	authorization is granted.
112	112	SECTION 5. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2023.