3 | 5 | | |
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4 | 6 | | |
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5 | 7 | | A BILL TO BE ENTITLED |
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6 | 8 | | AN ACT |
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7 | 9 | | relating to requiring contracts with Medicaid managed care |
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8 | 10 | | organizations to permit the organizations to offer nutrition |
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9 | 11 | | counseling and instruction services in lieu of other state Medicaid |
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10 | 12 | | plan services. |
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11 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 14 | | SECTION 1. Section 540.0272, Government Code, as effective |
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13 | 15 | | April 1, 2025, is amended to read as follows: |
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14 | 16 | | Sec. 540.0272. CERTAIN SERVICES PERMITTED IN LIEU OF STATE |
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15 | 17 | | MEDICAID PLAN SERVICES [OTHER MENTAL HEALTH OR SUBSTANCE USE |
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16 | 18 | | DISORDER SERVICES]; ANNUAL REPORT. (a) A contract to which this |
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17 | 19 | | subchapter applies must contain language permitting the |
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18 | 20 | | contracting Medicaid managed care organization to offer medically |
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19 | 21 | | appropriate, cost-effective, evidence-based mental health or |
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20 | 22 | | substance use services or nutrition counseling and instruction |
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21 | 23 | | services from a list of services approved by the state Medicaid |
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22 | 24 | | managed care advisory committee and included in the contract in |
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23 | 25 | | lieu of [mental health or substance use disorder] services |
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24 | 26 | | specified in the state Medicaid plan. A recipient is not required |
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25 | 27 | | to use a service from the list included in the contract in lieu of |
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26 | 28 | | another [mental health or substance use disorder] service specified |
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27 | 29 | | in the state Medicaid plan. |
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28 | 30 | | (b) The commission shall: |
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29 | 31 | | (1) prepare and submit to the legislature an annual |
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30 | 32 | | report on the number of times during the preceding year a service |
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31 | 33 | | from the list included in the contract is used; and |
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32 | 34 | | (2) consider the actual cost and use of any services |
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33 | 35 | | from the list included in the contract that are offered by a |
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34 | 36 | | Medicaid managed care organization when setting the capitation |
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35 | 37 | | rates for that organization under the contract. |
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36 | 38 | | (c) In approving the list of nutrition counseling and |
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37 | 39 | | instruction services that are permitted in lieu of services |
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38 | 40 | | specified in the state Medicaid plan under this section, the state |
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39 | 41 | | Medicaid managed care advisory committee may only include nutrition |
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40 | 42 | | counseling and instruction. The list may not include: |
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41 | 43 | | (1) home-delivered meals; |
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42 | 44 | | (2) food prescriptions; or |
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43 | 45 | | (3) grocery support. |
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44 | 46 | | SECTION 2. The changes in law made by this Act apply to a |
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45 | 47 | | contract entered into or renewed on or after the effective date of |
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46 | 48 | | this Act. A contract entered into or renewed before that date is |
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47 | 49 | | governed by the law in effect on the date the contract was entered |
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48 | 50 | | into or renewed, and that law is continued in effect for that |
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49 | 51 | | purpose. |
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50 | 52 | | SECTION 3. If before implementing any provision of this Act |
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51 | 53 | | a state agency determines that a waiver or authorization from a |
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52 | 54 | | federal agency is necessary for implementation of that provision, |
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53 | 55 | | the agency affected by the provision shall request the waiver or |
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54 | 56 | | authorization and may delay implementing that provision until the |
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55 | 57 | | waiver or authorization is granted. |
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56 | 58 | | SECTION 4. This Act takes effect September 1, 2025. |
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