Texas 2025 - 89th Regular

Texas House Bill HB18 Compare Versions

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1-89R22438 MPF-F
2- By: VanDeaver, Lambert, et al. H.B. No. 18
3- Substitute the following for H.B. No. 18:
4- By: VanDeaver C.S.H.B. No. 18
1+89R15143 MPF-F
2+ By: VanDeaver H.B. No. 18
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97 A BILL TO BE ENTITLED
108 AN ACT
119 relating to the establishment and administration of certain
1210 programs and services providing health care services to rural
1311 counties.
1412 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1513 SECTION 1. This Act may be cited as the Rural Health
1614 Stabilization and Innovation Act.
17- SECTION 2. Sections 526.0301(b) and (c), Government Code,
18- are amended to read as follows:
15+ SECTION 2. Section 526.0301, Government Code, as effective
16+ April 1, 2025, is amended to read as follows:
17+ Sec. 526.0301. STRATEGIC PLAN FOR RURAL HOSPITAL SERVICES;
18+ REPORT. (a) The commission shall develop and implement a strategic
19+ plan to ensure that the citizens in this state residing in rural
20+ areas have access to hospital services. The commission shall
21+ consult with the State Office of Rural Hospital Finance established
22+ under Section 526.0304 when developing and implementing the
23+ strategic plan.
1924 (b) The strategic plan must include:
2025 (1) a proposal for using at least one of the following
2126 methods to ensure access to hospital services in the rural areas of
2227 this state:
2328 (A) an enhanced cost reimbursement methodology
2429 for the payment of rural hospitals participating in the Medicaid
2530 managed care program in conjunction with a supplemental payment
2631 program for rural hospitals to cover costs incurred in providing
2732 services to recipients;
2833 (B) a hospital rate enhancement program
2934 applicable only to rural hospitals;
3035 (C) a reduction of punitive actions under
3136 Medicaid that require reimbursement for Medicaid payments made to a
3237 rural hospital provider, a reduction of the frequency of payment
3338 reductions under Medicaid made to rural hospitals, and an
3439 enhancement of payments made under merit-based programs or similar
3540 programs for rural hospitals;
3641 (D) a reduction of state regulatory-related
3742 costs related to the commission's review of rural hospitals; or
3843 (E) in accordance with rules the Centers for
3944 Medicare and Medicaid Services adopts, the establishment of a
4045 minimum fee schedule that applies to payments made to rural
4146 hospitals by Medicaid managed care organizations; [and]
4247 (2) target dates for achieving goals related to the
4348 proposal described by Subdivision (1); and
4449 (3) a rural hospital financial needs assessment and
4550 financial vulnerability index quantifying the likelihood that a
4651 rural hospital, during the next two-year period, will be able to:
4752 (A) maintain the types of patient services the
4853 hospital currently offers at the same level of service;
4954 (B) meet the hospital's current financial
5055 obligations; and
5156 (C) remain operational.
5257 (c) Not later than December [November] 1 of each
5358 even-numbered year, the State Office of Rural Hospital Finance
54- established under Section 526.0304 [commission] shall submit a
55- report regarding the [commission's] development and implementation
56- of the strategic plan to:
59+ [commission] shall submit a report regarding the [commission's]
60+ development and implementation of the strategic plan to:
5761 (1) the legislature;
5862 (2) the governor; and
5963 (3) the Legislative Budget Board.
60- SECTION 3. Subchapter G, Chapter 526, Government Code, is
61- amended by adding Sections 526.0304 and 526.0305 to read as
62- follows:
64+ SECTION 3. Subchapter G, Chapter 526, Government Code, as
65+ effective April 1, 2025, is amended by adding Sections 526.0304 and
66+ 526.0305 to read as follows:
6367 Sec. 526.0304. STATE OFFICE OF RURAL HOSPITAL FINANCE. The
6468 commission shall establish and maintain the State Office of Rural
65- Hospital Finance within the commission to provide technical
66- assistance for rural hospitals and health care systems in rural
67- areas of this state that participate or are seeking to participate
68- in state or federal financial programs, including Medicaid.
69+ Hospital Finance as a division within the commission to provide
70+ technical assistance for rural hospitals and health care systems in
71+ rural areas of this state that participate or are seeking to
72+ participate in state or federal financial programs, including
73+ Medicaid.
6974 Sec. 526.0305. TEXAS RURAL HOSPITAL OFFICERS ACADEMY. (a)
7075 In this section:
7176 (1) "Institution of higher education" has the meaning
7277 assigned by Section 61.003, Education Code.
7378 (2) "Rural county" means a county with a population of
7479 68,750 or less.
7580 (3) "Rural hospital" has the meaning assigned by
7681 Section 548.0351.
7782 (b) To the extent money is appropriated to the commission
7883 for the purpose, the commission shall contract with at least two but
79- not more than four institutions of higher education to administer
80- an academy to provide professional development and continuing
81- education programs for the officers of rural hospitals and other
82- health care providers located in rural counties. The academy must
83- offer at least 100 hours of coursework each year that consists of
84- courses and technical training on matters that impact the financial
85- stability of rural hospitals and rural health care systems,
86- including:
84+ not more than four institutions of higher education to establish
85+ and administer an academy to provide professional development and
86+ continuing education programs for the officers of rural hospitals
87+ and other health care providers located in rural counties. The
88+ academy must offer at least 100 hours of coursework each year that
89+ consists of courses and technical training on matters that impact
90+ the financial stability of rural hospitals and rural health care
91+ systems, including:
8792 (1) relevant state and federal regulations;
8893 (2) relevant state and federal financial programs;
8994 (3) business administration, including revenue
9095 maximization;
9196 (4) organizational management; and
9297 (5) other topics applicable to the financial stability
9398 of rural hospitals and rural health care systems.
94- (b-1) The commission shall establish an interagency
99+ (b-1) An institution of higher education that establishes
100+ an academy under Subsection (b) shall establish an interagency
95101 advisory committee to oversee the development of the academy's
96102 curriculum. The advisory committee is composed of the following
97- members appointed by the executive commissioner:
103+ members appointed by the president of the establishing institution
104+ of higher education:
98105 (1) a representative of the commission;
99- (2) a representative of two or more institutions of
106+ (2) a representative of one or more institutions of
100107 higher education;
101108 (3) a representative of the Department of State Health
102109 Services;
103110 (4) a representative of the Texas Department of
104111 Insurance;
105112 (5) a representative of the state auditor's office;
106- (6) a representative of a rural hospital; and
107- (7) a representative of any state agency the executive
108- commissioner determines is appropriate.
113+ and
114+ (6) a representative of any other state agency the
115+ president determines is appropriate.
109116 (b-2) The advisory committee established under Subsection
110117 (b-1) is abolished on the earlier of:
111118 (1) the date the advisory committee adopts a
112119 curriculum; or
113120 (2) September 1, 2027.
114121 (b-3) This subsection and Subsections (b-1) and (b-2)
115122 expire September 1, 2028.
116- (c) The commission shall establish criteria for the
117- screening and selection of applicants for admission to an academy
118- and include the criteria in each contract entered into under
119- Subsection (b). An institution of higher education that receives a
120- contract to administer an academy under Subsection (b) shall notify
121- the commission when the institution completes the applicant
122- selection process and provide information to the commission
123- regarding the qualifications of the applicants.
123+ (c) An institution of higher education that establishes an
124+ academy under Subsection (b) shall:
125+ (1) appoint a panel that consists of at least five but
126+ not more than 11 representatives from the entities from which
127+ members of the advisory committee established by the institution
128+ under Subsection (b-1) are appointed to establish a competitive
129+ application process and selection criteria for academy
130+ participants; and
131+ (2) subject to Subsection (d), select academy
132+ participants using the competitive application process developed
133+ under Subdivision (1).
124134 (d) Participation in an academy is limited to individuals
125135 who are responsible for, or who anticipate becoming responsible
126136 for, the financial stability of a rural hospital or rural health
127137 care system in this state.
128- (e) An institution of higher education that receives a
129- contract to administer an academy under Subsection (b):
138+ (e) The panelists appointed under Subsection (c) shall
139+ review applications for the academy and provide recommendations to
140+ the establishing institution of higher education regarding
141+ participant admission.
142+ (f) An institution of higher education that establishes an
143+ academy under Subsection (b):
130144 (1) shall accept new participants for the academy each
131145 year;
132146 (2) shall offer to reimburse academy participants for
133147 travel and related expenses; and
134148 (3) may not claim or charge a participant for
135149 admission to or participation in the academy or any associated
136150 services.
137151 SECTION 4. Chapter 526, Government Code, as effective April
138152 1, 2025, is amended by adding Subchapter G-1 to read as follows:
139153 SUBCHAPTER G-1. GRANT PROGRAMS FOR RURAL HOSPITALS, HOSPITAL
140154 DISTRICTS, AND HOSPITAL AUTHORITIES
141155 Sec. 526.0321. DEFINITIONS. In this subchapter:
142156 (1) "Hospital district" means a hospital district
143157 created under the authority of Sections 4 through 11, Article IX,
144158 Texas Constitution.
145159 (2) "Office" means the State Office of Rural Hospital
146160 Finance established under Section 526.0304.
147161 (3) "Rural county" means a county with a population of
148162 68,750 or less.
149163 (4) "Rural hospital" has the meaning assigned by
150164 Section 548.0351.
151165 (5) "Rural hospital authority" means a hospital
152166 authority located in a rural county.
153167 (6) "Rural hospital district" means a hospital
154168 district located in a rural county.
155- (7) "Rural hospital organization" means a statewide
156- nonprofit organization that provides services to rural hospitals.
157169 Sec. 526.0322. FINANCIAL STABILIZATION GRANT PROGRAM. (a)
158- The commission shall establish a financial stabilization grant
159- program to award grants to support and improve the financial
170+ To the extent money is appropriated to the commission for the
171+ purpose, the commission may establish a financial stabilization
172+ grant program to award grants to support and improve the financial
160173 stability of rural hospitals, rural hospital districts, and rural
161174 hospital authorities that are determined to be at a moderate or high
162- risk of financial instability.
175+ risk of financial instability. If the commission establishes a
176+ financial stabilization grant program under this section, the
177+ office shall administer the grant program for the commission.
163178 (b) The determination of whether a grant applicant is at a
164179 moderate or high risk of financial instability shall be made using
165180 the hospital financial needs assessment and financial
166181 vulnerability index developed as part of the strategic plan
167182 required under Section 526.0301.
168183 (b-1) Notwithstanding Subsection (b), for a grant
169184 application received before December 1, 2026, the office shall
170185 determine whether the applicant is at a moderate or high risk of
171186 financial instability by evaluating data published by the
172187 commission regarding the financial stability of rural hospitals,
173188 rural hospital districts, and rural hospital authorities. This
174189 subsection expires September 1, 2027.
175- (c) The office shall develop a formula to allocate the money
190+ (c) The office shall develop an application process and
191+ eligibility and selection criteria for grant applicants under this
192+ section.
193+ (d) The office may award a grant under this section only in
194+ accordance with the terms of a contract between the office and the
195+ grant recipient. The contract must include provisions under which
196+ the office is granted sufficient control to ensure that:
197+ (1) grant funds are spent in a manner that is
198+ consistent with the public purpose of providing adequate access to
199+ quality health care in all areas of this state; and
200+ (2) both this state and the grant recipient are
201+ benefited by the award of the grant.
202+ (e) The office shall develop a formula to allocate the money
176203 available to the commission for grants under this section to rural
177- hospitals, rural hospital districts, and rural hospital
178- authorities that are determined to be at a moderate or high risk of
179- financial instability. The formula may consider:
204+ hospitals, rural hospital districts, and rural health authorities
205+ that are determined to be at a moderate or high risk of financial
206+ instability. The formula must consider:
180207 (1) the degree of financial vulnerability of the
181208 applicant as determined using the hospital financial needs
182209 assessment and financial vulnerability index developed under
183210 Section 526.0301;
184211 (2) whether the applicant is the sole provider of
185212 hospital services in the county in which the applicant is located;
186213 (3) whether a hospital is located within 35 miles of
187214 the applicant's facilities; and
188215 (4) any other factors the office determines are
189216 relevant to assessing the financial stability of rural hospitals,
190- rural hospital districts, and rural hospital authorities.
191- Sec. 526.0323. EMERGENCY HARDSHIP GRANT PROGRAM. (a) The
192- commission shall establish an emergency hardship grant program.
217+ rural hospital districts, and rural health authorities.
218+ Sec. 526.0323. EMERGENCY HARDSHIP GRANT PROGRAM. (a) To
219+ the extent money is appropriated to the commission for the purpose,
220+ the commission may establish an emergency hardship grant program.
221+ If the commission establishes an emergency hardship grant program
222+ under this section, the office shall administer the grant program
223+ for the commission.
193224 (b) The office may award emergency hardship grants to rural
194225 hospitals, rural hospital districts, and rural hospital
195226 authorities that have experienced:
196227 (1) a man-made or natural disaster resulting in a loss
197228 of assets; or
198229 (2) an unforeseeable or unmitigable circumstance
199230 likely to result in:
200231 (A) the closure of the entity's facilities during
201232 the 180-day period beginning on the date the entity submits an
202233 application for a grant under this section; or
203234 (B) an inability to fund payroll expenditures for
204235 the entity's staff during the 180-day period beginning on the date
205236 the entity submits an application for a grant under this section.
206- Sec. 526.0324. INNOVATION GRANT PROGRAM. (a) The
207- commission shall establish an innovation grant program to provide
237+ (c) The office shall develop an application process and
238+ eligibility and selection criteria for grant applicants under this
239+ section.
240+ (d) The office may award a grant under this section only in
241+ accordance with the terms of a contract between the office and the
242+ grant recipient. The contract must include provisions under which
243+ the office is granted sufficient control to ensure that:
244+ (1) grant funds are spent in a manner that is
245+ consistent with the public purpose of providing adequate access to
246+ quality health care in all areas of this state; and
247+ (2) both this state and the grant recipient are
248+ benefited by the award of the grant.
249+ Sec. 526.0324. INNOVATION GRANT PROGRAM. (a) To the extent
250+ money is appropriated to the commission for the purpose, the
251+ commission may establish an innovation grant program to provide
208252 support to rural hospitals, rural hospital districts, and rural
209- hospital authorities that undertake initiatives:
210- (1) to provide access to health care and improve the
253+ hospital authorities that undertake initiatives that:
254+ (1) provide access to health care and improve the
211255 quality of health care provided to residents of a rural county;
212- (2) that are likely to improve the financial stability
213- of the grant recipient; and
214- (3) that are estimated to become sustainable and be
256+ (2) are likely to improve the financial stability of
257+ the grant recipient; and
258+ (3) are estimated to become sustainable and be
215259 maintained without additional state funding after the award of a
216260 grant under this section.
217- (b) In awarding grants under this section, the office shall
261+ (b) If the commission establishes an innovation grant
262+ program under this section, the office shall administer the grant
263+ program for the commission.
264+ (c) In awarding grants under this section, the office may
218265 prioritize initiatives focused on improving health care facilities
219266 or services for:
220267 (1) women who are pregnant or recently gave birth;
221268 (2) individuals under the age of 20;
222269 (3) older adults residing in a rural county; or
223270 (4) individuals who are uninsured.
224- Sec. 526.0325. RURAL HOSPITAL SUPPORT GRANT PROGRAM. The
225- commission shall establish a rural hospital support grant program
226- to award support grants to rural hospitals, rural hospital
227- districts, rural hospital authorities, and rural hospital
228- organizations to improve the financial stability, continue the
229- operations, and support the long-term viability of the grant
230- recipient.
271+ (d) The office shall develop an application process and
272+ eligibility and selection criteria for grant applicants under this
273+ section.
274+ (e) The office may award a grant under this section only in
275+ accordance with the terms of a contract between the office and the
276+ grant recipient. The contract must include provisions under which
277+ the office is granted sufficient control to ensure that:
278+ (1) grant funds are spent in a manner that is
279+ consistent with the public purpose of providing adequate access to
280+ quality health care in all areas of this state; and
281+ (2) both this state and the grant recipient are
282+ benefited by the award of the grant.
283+ (f) A grant recipient may not use the proceeds of a grant
284+ awarded under this section to:
285+ (1) reimburse an expense or pay a cost that another
286+ source, including Medicaid, is obligated to reimburse or pay by law
287+ or under a contract; or
288+ (2) supplant, or be used as a substitute for, money
289+ awarded to the recipient from a non-Medicaid federal funding
290+ source, including a federal grant.
291+ Sec. 526.0325. RURAL HOSPITAL SUPPORT GRANT PROGRAM. (a)
292+ To the extent money is appropriated to the commission for the
293+ purpose, the commission may establish a rural hospital support
294+ grant program to award support grants to rural hospitals, rural
295+ hospital districts, and rural hospital authorities to improve the
296+ financial stability, continue the operations, and support the
297+ long-term viability of the grant recipient. If the commission
298+ establishes a rural hospital support grant program under this
299+ section, the office shall administer the grant program for the
300+ commission.
301+ (b) The office shall develop an application process and
302+ eligibility and selection criteria for grant applicants under this
303+ section.
304+ (c) The office may award a grant under this section only in
305+ accordance with the terms of a contract between the office and the
306+ grant recipient. The contract must include provisions under which
307+ the office is granted sufficient control to ensure that:
308+ (1) the grant funds are spent in a manner that is
309+ consistent with the public purpose of providing adequate access to
310+ quality health care in all areas of this state; and
311+ (2) both this state and the grant recipient are
312+ benefited by the award of the grant.
231313 Sec. 526.0326. GENERAL GRANT PROVISIONS. (a) Chapter 783
232314 does not apply to the solicitation of applicants for a grant under
233315 this subchapter.
234316 (b) To the extent practicable, the office shall award a
235317 grant under this subchapter not later than the 180th day after the
236318 date the office receives the recipient's grant application.
237319 (c) A Medicaid provider's receipt of a grant under this
238320 subchapter does not affect any legal or contractual duty of the
239321 provider to comply with any applicable Medicaid requirements.
240- (d) The office shall administer the grant programs
241- established under this subchapter.
242- (e) The office may award a grant under this subchapter only
243- in accordance with the terms of a contract between the office and
244- the grant recipient. The contract must include provisions under
245- which the office is granted sufficient control to ensure that:
246- (1) the grant funds are spent in a manner that is
247- consistent with the public purpose of providing adequate access to
248- quality health care; and
249- (2) both this state and the grant recipient are
250- benefited by the award of the grant.
251- (f) The office shall develop an application process and
252- eligibility and selection criteria for persons applying for a grant
253- under this subchapter.
254- (g) A grant recipient may not use the proceeds of a grant
255- awarded under this subchapter to:
256- (1) reimburse an expense or pay a cost that another
257- source, including Medicaid, is obligated to reimburse or pay by law
258- or under a contract; or
259- (2) supplant, or be used as a substitute for, money
260- awarded to the recipient from a non-Medicaid federal funding
261- source, including a federal grant.
262- Sec. 526.0327. APPROPRIATION CONTINGENCY. The commission
263- is required to implement a provision of this subchapter only if the
264- legislature appropriates money specifically for that purpose.
265- SECTION 5. Section 532.0155, Government Code, is amended by
266- amending Subsection (b) and adding Subsection (g) to read as
322+ SECTION 5. Section 532.0155, Government Code, as effective
323+ April 1, 2025, is amended by adding Subsection (g) to read as
267324 follows:
268- (b) To the extent allowed by federal law [and subject to
269- limitations on appropriations], the executive commissioner by rule
270- shall adopt a prospective reimbursement methodology for the payment
271- of rural hospitals participating in Medicaid that ensures the rural
272- hospitals are reimbursed on an individual basis for providing
273- inpatient and general outpatient services to recipients by using
274- the hospitals' most recent cost information concerning the costs
275- incurred for providing the services. The commission shall
276- calculate the prospective cost-based reimbursement rates once
277- every two years.
278- (g) To the extent allowed by federal law, the executive
279- commissioner, in addition to the cost-based reimbursement rate
280- calculated by the executive commissioner under Subsection (b),
281- shall develop and calculate an add-on reimbursement rate for rural
282- hospitals that have a department of obstetrics and gynecology. The
283- executive commissioner shall calculate the rate required by this
284- subsection annually.
285- SECTION 6. Section 548.0351, Government Code, is amended by
286- adding Subdivisions (6-a) and (6-b) to read as follows:
287- (6-a) "Rural health clinic" has the meaning assigned
288- by Section 113.0001, Health and Safety Code.
289- (6-b) "Rural hospital" means a health care facility
325+ (g) To the extent allowed by federal law and subject to
326+ available appropriations, the executive commissioner, in addition
327+ to the cost-based reimbursement rate calculated by the executive
328+ commissioner under Subsection (b), shall develop and calculate an
329+ add-on reimbursement rate for rural hospitals that have a
330+ department of obstetrics and gynecology. The executive
331+ commissioner shall calculate the rate required by this subsection
332+ annually.
333+ SECTION 6. Section 548.0351, Government Code, as effective
334+ April 1, 2025, is amended by adding Subdivision (6-a) to read as
335+ follows:
336+ (6-a) "Rural hospital" means a health care facility
290337 licensed under Chapter 241, Health and Safety Code, that:
291338 (A) is located in a county with a population of
292339 68,750 or less; or
293340 (B) has been designated by the Centers for
294341 Medicare and Medicaid Services as a critical access hospital, rural
295342 referral center, or sole community hospital and:
296343 (i) is not located in a metropolitan
297344 statistical area; or
298345 (ii) if the hospital has 100 or fewer beds,
299346 is located in a metropolitan statistical area.
300- SECTION 7. Section 548.0352, Government Code, is amended to
301- read as follows:
347+ SECTION 7. Section 548.0352, Government Code, as effective
348+ April 1, 2025, is amended to read as follows:
302349 Sec. 548.0352. ESTABLISHMENT OF PEDIATRIC
303350 TELE-CONNECTIVITY RESOURCE PROGRAM FOR RURAL TEXAS. The commission
304351 with any necessary assistance of pediatric tele-specialty
305352 providers shall establish a pediatric tele-connectivity resource
306- program for rural Texas to award grants to rural hospitals and rural
307- health clinics [nonurban health care facilities] to connect the
308- hospitals and clinics [the facilities] with pediatric specialists
309- and pediatric subspecialists who provide telemedicine medical
310- services or with an institution of higher education that is a member
311- of the Texas Child Mental Health Care Consortium established under
312- Chapter 113, Health and Safety Code.
313- SECTION 8. Section 548.0353, Government Code, is amended to
314- read as follows:
315- Sec. 548.0353. USE OF PROGRAM GRANT. A rural hospital or
316- rural health clinic [nonurban health care facility] awarded a grant
317- under this subchapter may use grant money to:
353+ program for rural Texas to award grants to rural hospitals
354+ [nonurban health care facilities] to connect the hospitals [the
355+ facilities] with pediatric specialists and pediatric
356+ subspecialists who provide telemedicine medical services or with an
357+ institution of higher education that is a member of the Texas Child
358+ Mental Health Care Consortium established under Chapter 113, Health
359+ and Safety Code.
360+ SECTION 8. Section 548.0353, Government Code, as effective
361+ April 1, 2025, is amended to read as follows:
362+ Sec. 548.0353. USE OF PROGRAM GRANT. A rural hospital
363+ [nonurban health care facility] awarded a grant under this
364+ subchapter may use grant money to:
318365 (1) purchase equipment necessary for implementing a
319366 telemedicine medical service;
320- (2) modernize the hospital's or clinic's [facility's]
321- information technology infrastructure and secure information
322- technology support to ensure an uninterrupted two-way video signal
323- that is compliant with the Health Insurance Portability and
324- Accountability Act of 1996 (Pub. L. No. 104-191);
367+ (2) modernize the hospital's [facility's] information
368+ technology infrastructure and secure information technology
369+ support to ensure an uninterrupted two-way video signal that is
370+ compliant with the Health Insurance Portability and Accountability
371+ Act of 1996 (Pub. L. No. 104-191);
325372 (3) pay a service fee to a pediatric tele-specialty
326373 provider under an annual contract with the provider; or
327374 (4) pay for other activities, services, supplies,
328375 facilities, resources, and equipment the commission determines
329- necessary for the hospital or clinic [facility] to use a
330- telemedicine medical service.
331- SECTION 9. Section 548.0354, Government Code, is amended to
332- read as follows:
376+ necessary for the hospital [facility] to use a telemedicine medical
377+ service.
378+ SECTION 9. Section 548.0354, Government Code, as effective
379+ April 1, 2025, is amended to read as follows:
333380 Sec. 548.0354. SELECTION OF PROGRAM GRANT RECIPIENTS. (a)
334381 The commission [with any necessary assistance of pediatric
335382 tele-specialty providers] may select [an] eligible rural hospitals
336- and rural health clinics [nonurban health care facility] to receive
337- a grant under this subchapter.
338- (b) To be eligible for a grant, a rural hospital or rural
339- health clinic [nonurban health care facility] must maintain [have:
383+ [nonurban health care facility] to receive a grant under this
384+ subchapter.
385+ (b) To be eligible for a grant, a rural hospital [nonurban
386+ health care facility] must maintain [have:
340387 [(1) a quality assurance program that measures the
341388 compliance of the facility's health care providers with the
342389 facility's medical protocols;
343390 [(2) on staff at least one full-time equivalent
344391 physician who has training and experience in pediatrics and one
345392 individual who is responsible for ongoing nursery and neonatal
346393 support and care;
347394 [(3) a designated neonatal intensive care unit or an
348395 emergency department;
349396 [(4) a commitment to obtaining neonatal or pediatric
350397 education from a tertiary facility to expand the facility's depth
351398 and breadth of telemedicine medical service capabilities; and
352399 [(5) the capability of maintaining] records and
353400 produce [producing] reports that measure the effectiveness of a
354- [the] grant received by the hospital or clinic under this
355- subchapter [facility would receive].
401+ [the] grant received by the hospital under this subchapter
402+ [facility would receive].
356403 (c) To the extent practicable, the commission shall award a
357404 program grant to a grant recipient not later than the 180th day
358405 after the date the commission receives the recipient's program
359406 grant application under this section.
360407 (d) Chapter 783 does not apply to the solicitation of
361408 applicants for a program grant award under this subchapter.
362- SECTION 10. Section 548.0357, Government Code, is amended
363- to read as follows:
409+ SECTION 10. Section 548.0357, Government Code, as effective
410+ April 1, 2025, is amended to read as follows:
364411 Sec. 548.0357. BIENNIAL REPORT. Not later than December 1
365412 of each even-numbered year, the commission shall submit a report to
366413 the governor and members of the legislature regarding the
367414 activities of the program and grant recipients under the program,
368415 including the results and outcomes of grants awarded under this
369416 subchapter. The commission may combine the report required by this
370417 section with the report submitted by the State Office of Rural
371418 Hospital Finance under Section 526.0301.
372419 SECTION 11. Section 113.0001, Health and Safety Code, is
373- amended by adding Subdivisions (4), (5), and (6) to read as follows:
374- (4) "Rural health clinic" means a rural health clinic,
375- as defined by 42 C.F.R. Section 491.2, that is:
376- (A) accredited by an accreditation organization,
377- a participant in the federal Medicare program, or both; and
378- (B) located in a county that does not contain a
379- general hospital or special hospital, as those terms are defined by
380- Section 241.003.
381- (5) "Rural hospital" has the meaning assigned by
420+ amended by adding Subdivision (4) to read as follows:
421+ (4) "Rural hospital" has the meaning assigned by
382422 Section 548.0351, Government Code.
383- (6) "Rural hospital organization" has the meaning
384- assigned by Section 526.0321, Government Code.
385423 SECTION 12. Chapter 113, Health and Safety Code, is amended
386424 by adding Subchapter D-1 to read as follows:
387425 SUBCHAPTER D-1. RURAL PEDIATRIC MENTAL HEALTH CARE ACCESS PROGRAM
388426 Sec. 113.0181. MENTAL HEALTH CARE ACCESS PROGRAM FOR RURAL
389- HOSPITALS AND RURAL HEALTH CLINICS. (a) Using the network of
390- comprehensive child psychiatry access centers established under
391- Section 113.0151, the consortium shall establish or expand provider
392- consultation programs to assist health care practitioners
393- providing services at rural hospitals or rural health clinics to:
394- (1) identify and assess the behavioral health needs of
395- pediatric and perinatal patients seeking services at the hospital
396- or clinic; and
397- (2) identify necessary mental health care services to
398- improve access to mental health care services for pediatric and
399- perinatal patients seeking services at the hospital or clinic.
400- (b) The consortium, in collaboration with a rural hospital
401- organization, shall develop a plan to establish, under the
402- authority provided in Section 113.0151(b) and not later than
403- September 1, 2026, telemedicine or telehealth programs to identify
404- and assess behavioral health needs and provide access to mental
405- health care services for pediatric patients seeking services at
406- rural hospitals or rural health clinics. The plan may include
407- limitations on the hours of the day during which services provided
408- by the telemedicine or telehealth programs are available. The plan
409- shall provide access to mental health care services for pediatric
410- patients seeking services at the rural hospital or rural health
411- clinic at the same or a substantially similar level as the mental
412- health care services provided to students attending school in a
413- school district for which the consortium has made available mental
414- health care services under this chapter.
415- (c) On or after September 1, 2026, and subject to available
416- appropriations, the consortium shall establish a program
417- establishing or expanding telemedicine or telehealth programs to
418- identify and assess behavioral health needs and provide access to
419- mental health care services for pediatric patients seeking services
420- at rural hospitals or rural health clinics.
427+ HOSPITALS. Using the network of comprehensive child psychiatry
428+ access centers established under Section 113.0151, the consortium
429+ shall establish or expand telemedicine or telehealth programs for
430+ identifying and assessing behavioral health needs and providing
431+ access to mental health care services for pediatric patients
432+ seeking services at a rural hospital.
421433 Sec. 113.0182. CONSENT REQUIRED FOR SERVICES TO MINOR. (a)
422434 A person may provide mental health care services to a child younger
423435 than 18 years of age through a program established under this
424436 subchapter only if the person obtains the written consent of the
425- parent or legal guardian of the child or, if the parent or legal
426- guardian is not known or available, the adult with whom the child
427- primarily resides.
437+ parent or legal guardian of the child.
428438 (b) The consortium shall develop and post on the
429- consortium's Internet website a model form for a person to provide
430- consent under this section.
439+ consortium's Internet website a model form for a parent or legal
440+ guardian to provide consent under this section.
441+ Sec. 113.0183. REIMBURSEMENT FOR SERVICES. (a) Except as
442+ otherwise provided by this section, a child psychiatry access
443+ center established under Section 113.0151(a) may not submit an
444+ insurance claim or charge a rural hospital, or a health care
445+ practitioner providing services at a rural hospital, a fee for
446+ providing consultation services or training opportunities under
447+ this subchapter.
448+ (b) A child psychiatry access center established under
449+ Section 113.0151(a) may submit a claim for reimbursement to the
450+ commission or a contractor operating a medical assistance program
451+ on behalf of the commission if:
452+ (1) the provider of the services is enrolled and
453+ credentialed as a Medicaid provider; and
454+ (2) the individual receiving services by telehealth or
455+ telemedicine is eligible and enrolled in the Medicaid program.
456+ (c) Reimbursements issued under Subsection (b) shall be
457+ paid at the reimbursement rate established by the commission or in
458+ accordance with the contractual agreement between the provider and
459+ the contractor operating the medical assistance program on behalf
460+ of the commission.
431461 SECTION 13. Section 113.0251, Health and Safety Code, is
432462 amended to read as follows:
433463 Sec. 113.0251. BIENNIAL REPORT. Not later than December 1
434464 of each even-numbered year, the consortium shall prepare and submit
435465 to the governor, the lieutenant governor, the speaker of the house
436- of representatives, [and] the standing committee of each house of
437- the legislature with primary jurisdiction over behavioral health
438- issues, and the Legislative Budget Board and post on its Internet
439- website a written report that outlines:
466+ of representatives, and the standing committee of each house of the
467+ legislature with primary jurisdiction over behavioral health
468+ issues and post on its Internet website a written report that
469+ outlines:
440470 (1) the activities and objectives of the consortium;
441471 (2) the health-related institutions of higher
442472 education listed in Section 113.0052(1) that receive funding by the
443- executive committee;
444- (3) the rural hospitals and rural health clinics to
445- which the program established under Section 113.0181 provided
446- mental health access services;
473+ executive committee; [and]
474+ (3) the rural hospitals to which the program
475+ established under Section 113.0181 provided mental health access
476+ services;
447477 (4) the cost to maintain the mental health care access
448478 program established under Subchapter D-1; and
449479 (5) [(3)] any legislative recommendations based on
450480 the activities and objectives described by Subdivision (1).
451481 SECTION 14. The following provisions of the Government Code
452482 are repealed:
453483 (1) Section 548.0351(1); and
454484 (2) Section 548.0356.
455485 SECTION 15. If before implementing any provision of this
456486 Act a state agency determines that a waiver or authorization from a
457487 federal agency is necessary for implementation of that provision,
458488 the agency affected by the provision shall request the waiver or
459489 authorization and may delay implementing that provision until the
460490 waiver or authorization is granted.
461491 SECTION 16. (a) Not later than December 1, 2025, the Health
462492 and Human Services Commission shall contract with institutions of
463- higher education to administer an academy under Section 526.0305,
493+ higher education to establish an academy under Section 526.0305,
464494 Government Code, as added by this Act.
465- (b) Not later than January 1, 2026, the executive
466- commissioner of the Health and Human Services Commission shall
495+ (b) Not later than January 1, 2026, the president of an
496+ institution of higher education establishing an academy under
497+ Section 526.0305, Government Code, as added by this Act, shall
467498 appoint the members of the interagency advisory committee as
468- required by Section 526.0305, Government Code, as added by this
469- Act.
499+ required by that section.
470500 SECTION 17. This Act takes effect immediately if it
471501 receives a vote of two-thirds of all the members elected to each
472502 house, as provided by Section 39, Article III, Texas Constitution.
473503 If this Act does not receive the vote necessary for immediate
474504 effect, this Act takes effect September 1, 2025.