Texas 2025 - 89th Regular

Texas House Bill HB26 Compare Versions

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11 89R14146 SCF-D
22 By: Hull H.B. No. 26
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57 A BILL TO BE ENTITLED
68 AN ACT
79 relating to requiring contracts with Medicaid managed care
810 organizations to permit the organizations to offer nutrition
911 counseling and instruction services in lieu of other state Medicaid
1012 plan services.
1113 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1214 SECTION 1. Section 540.0272, Government Code, as effective
1315 April 1, 2025, is amended to read as follows:
1416 Sec. 540.0272. CERTAIN SERVICES PERMITTED IN LIEU OF STATE
1517 MEDICAID PLAN SERVICES [OTHER MENTAL HEALTH OR SUBSTANCE USE
1618 DISORDER SERVICES]; ANNUAL REPORT. (a) A contract to which this
1719 subchapter applies must contain language permitting the
1820 contracting Medicaid managed care organization to offer medically
1921 appropriate, cost-effective, evidence-based mental health or
2022 substance use services or nutrition counseling and instruction
2123 services from a list of services approved by the state Medicaid
2224 managed care advisory committee and included in the contract in
2325 lieu of [mental health or substance use disorder] services
2426 specified in the state Medicaid plan. A recipient is not required
2527 to use a service from the list included in the contract in lieu of
2628 another [mental health or substance use disorder] service specified
2729 in the state Medicaid plan.
2830 (b) The commission shall:
2931 (1) prepare and submit to the legislature an annual
3032 report on the number of times during the preceding year a service
3133 from the list included in the contract is used; and
3234 (2) consider the actual cost and use of any services
3335 from the list included in the contract that are offered by a
3436 Medicaid managed care organization when setting the capitation
3537 rates for that organization under the contract.
3638 (c) In approving the list of nutrition counseling and
3739 instruction services that are permitted in lieu of services
3840 specified in the state Medicaid plan under this section, the state
3941 Medicaid managed care advisory committee may only include nutrition
4042 counseling and instruction. The list may not include:
4143 (1) home-delivered meals;
4244 (2) food prescriptions; or
4345 (3) grocery support.
4446 SECTION 2. The changes in law made by this Act apply to a
4547 contract entered into or renewed on or after the effective date of
4648 this Act. A contract entered into or renewed before that date is
4749 governed by the law in effect on the date the contract was entered
4850 into or renewed, and that law is continued in effect for that
4951 purpose.
5052 SECTION 3. If before implementing any provision of this Act
5153 a state agency determines that a waiver or authorization from a
5254 federal agency is necessary for implementation of that provision,
5355 the agency affected by the provision shall request the waiver or
5456 authorization and may delay implementing that provision until the
5557 waiver or authorization is granted.
5658 SECTION 4. This Act takes effect September 1, 2025.