88R8791 SCP-F
By: Zaffirini S.B. No. 2190
A BILL TO BE ENTITLED
AN ACT
relating to the provision of applied behavior analysis and
associated services through telecommunications or information
technology under certain public benefits programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.02161(b), Government Code, is
amended to read as follows:
(b) To the extent permitted by federal law and to the extent
it is cost-effective and clinically effective, as determined by the
commission, the commission shall ensure that Medicaid recipients,
child health plan program enrollees, and other individuals
receiving benefits under a public benefits program administered by
the commission or a health and human services agency, regardless of
whether receiving benefits through a managed care delivery model or
another delivery model, have the option to receive services as
telemedicine medical services, telehealth services, or otherwise
using telecommunications or information technology, including the
following services:
(1) preventive health and wellness services;
(2) case management services, including targeted case
management services;
(3) subject to Subsection (c), behavioral health
services;
(4) occupational, physical, and speech therapy
services;
(5) applied behavior analysis and associated
evaluation services;
(6) nutritional counseling services; and
(7) [(6)] assessment services, including nursing
assessments under the following Section 1915(c) waiver programs:
(A) the community living assistance and support
services (CLASS) waiver program;
(B) the deaf-blind with multiple disabilities
(DBMD) waiver program;
(C) the home and community-based services (HCS)
waiver program; and
(D) the Texas home living (TxHmL) waiver program.
SECTION 2. 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 3. This Act takes effect September 1, 2023.