| 1 | 1 | | 88R8791 SCP-F |
|---|
| 2 | 2 | | By: Zaffirini S.B. No. 2190 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the provision of applied behavior analysis and |
|---|
| 8 | 8 | | associated services through telecommunications or information |
|---|
| 9 | 9 | | technology under certain public benefits programs. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 531.02161(b), Government Code, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | (b) To the extent permitted by federal law and to the extent |
|---|
| 14 | 14 | | it is cost-effective and clinically effective, as determined by the |
|---|
| 15 | 15 | | commission, the commission shall ensure that Medicaid recipients, |
|---|
| 16 | 16 | | child health plan program enrollees, and other individuals |
|---|
| 17 | 17 | | receiving benefits under a public benefits program administered by |
|---|
| 18 | 18 | | the commission or a health and human services agency, regardless of |
|---|
| 19 | 19 | | whether receiving benefits through a managed care delivery model or |
|---|
| 20 | 20 | | another delivery model, have the option to receive services as |
|---|
| 21 | 21 | | telemedicine medical services, telehealth services, or otherwise |
|---|
| 22 | 22 | | using telecommunications or information technology, including the |
|---|
| 23 | 23 | | following services: |
|---|
| 24 | 24 | | (1) preventive health and wellness services; |
|---|
| 25 | 25 | | (2) case management services, including targeted case |
|---|
| 26 | 26 | | management services; |
|---|
| 27 | 27 | | (3) subject to Subsection (c), behavioral health |
|---|
| 28 | 28 | | services; |
|---|
| 29 | 29 | | (4) occupational, physical, and speech therapy |
|---|
| 30 | 30 | | services; |
|---|
| 31 | 31 | | (5) applied behavior analysis and associated |
|---|
| 32 | 32 | | evaluation services; |
|---|
| 33 | 33 | | (6) nutritional counseling services; and |
|---|
| 34 | 34 | | (7) [(6)] assessment services, including nursing |
|---|
| 35 | 35 | | assessments under the following Section 1915(c) waiver programs: |
|---|
| 36 | 36 | | (A) the community living assistance and support |
|---|
| 37 | 37 | | services (CLASS) waiver program; |
|---|
| 38 | 38 | | (B) the deaf-blind with multiple disabilities |
|---|
| 39 | 39 | | (DBMD) waiver program; |
|---|
| 40 | 40 | | (C) the home and community-based services (HCS) |
|---|
| 41 | 41 | | waiver program; and |
|---|
| 42 | 42 | | (D) the Texas home living (TxHmL) waiver program. |
|---|
| 43 | 43 | | SECTION 2. If before implementing any provision of this Act |
|---|
| 44 | 44 | | a state agency determines that a waiver or authorization from a |
|---|
| 45 | 45 | | federal agency is necessary for implementation of that provision, |
|---|
| 46 | 46 | | the agency affected by the provision shall request the waiver or |
|---|
| 47 | 47 | | authorization and may delay implementing that provision until the |
|---|
| 48 | 48 | | waiver or authorization is granted. |
|---|
| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2023. |
|---|