Texas 2025 - 89th Regular

Texas House Bill HB2946 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R5364 SCF-F
2	2	By: Oliverson H.B. No. 2946
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the provision of nutrition support services to Medicaid
10	10	recipients in lieu of other state Medicaid plan services and a
11	11	report on the health outcomes of providing those services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 540.0272, Government Code, as effective
14	14	April 1, 2025, is amended to read as follows:
15	15	Sec. 540.0272. CERTAIN SERVICES PERMITTED IN LIEU OF STATE
16	16	MEDICAID PLAN SERVICES [OTHER MENTAL HEALTH OR SUBSTANCE USE
17	17	DISORDER SERVICES]; ANNUAL REPORT. (a) A contract to which this
18	18	subchapter applies must contain language permitting the
19	19	contracting Medicaid managed care organization to offer recipients
20	20	enrolled in the organization's managed care plan medically
21	21	appropriate, cost-effective, evidence-based mental health or
22	22	substance use services or, subject to Section 540.02721, nutrition
23	23	support services from a list of services approved by the commission
24	24	[state Medicaid managed care advisory committee] and included in
25	25	the contract as services the organization may provide recipients in
26	26	lieu of [mental health or substance use disorder] services
27	27	specified in the state Medicaid plan. A recipient is not required
28	28	to use a service from the list included in the contract in lieu of a
29	29	[another mental health or substance use disorder] service specified
30	30	in the state Medicaid plan.
31	31	(b) The commission shall:
32	32	(1) not later than November 1 of each year, prepare and
33	33	submit to the legislature a [an annual] report on the number of
34	34	times during the preceding year a service from the list included in
35	35	the contract is used; and
36	36	(2) consider the actual cost and use of any services
37	37	from the list included in the contract that are offered by a
38	38	Medicaid managed care organization when setting the capitation
39	39	rates for that organization under the contract.
40	40	SECTION 2. Subchapter F, Chapter 540, Government Code, as
41	41	effective April 1, 2025, is amended by adding Section 540.02721 to
42	42	read as follows:
43	43	Sec. 540.02721. NUTRITION SUPPORT SERVICES; BIENNIAL
44	44	REPORT. (a) In this section:
45	45	(1) "Community-based nutrition support organization"
46	46	means an organization that:
47	47	(A) provides nutrition support services;
48	48	(B) has an established agreement with a health
49	49	care provider to implement nutrition support services under this
50	50	section; and
51	51	(C) employs:
52	52	(i) at least one registered dietitian
53	53	nutritionist;
54	54	(ii) culinary personnel; and
55	55	(iii) support personnel capable of
56	56	providing patient referrals to a health care provider, sourcing
57	57	ingredients, and packaging and delivering meals to eligible
58	58	recipients.
59	59	(2) "Food prescription program" means a program under
60	60	which a health care provider prescribes nutritious food, including
61	61	fresh fruits and vegetables, to an individual who has or is at risk
62	62	of developing a diet-related chronic disease to, as appropriate,
63	63	treat the disease or reduce the individual's risk of developing the
64	64	disease by increasing the patient's access to and consumption of
65	65	healthy food.
66	66	(3) "Medically tailored meal" means food prepared as
67	67	prescribed by a dietician or other health care provider to treat an
68	68	individual's diet-related chronic disease or health condition and
69	69	any associated symptoms.
70	70	(b) In approving the list of nutrition support services that
71	71	are permitted in lieu of services specified in the state Medicaid
72	72	plan under Section 540.0272, the commission shall consider
73	73	including the following services:
74	74	(1) case management services related to food and
75	75	nutrition access;
76	76	(2) nutrition counseling and guidance that is specific
77	77	to an individual's needs or designed to improve health outcomes;
78	78	(3) the provision of medically tailored meals;
79	79	(4) food prescription programs; and
80	80	(5) any other nutrition support service the commission
81	81	determines to be appropriate, evidence-based, and cost-effective.
82	82	(c) In implementing Section 540.0272 as it relates to
83	83	nutrition support services and this section, the commission shall
84	84	ensure that:
85	85	(1) community-based nutrition support organizations
86	86	may provide nutrition support services to recipients under
87	87	Medicaid; and
88	88	(2) a recipient does not receive duplicate services
89	89	under Medicaid.
90	90	(d) The executive commissioner shall establish a separate
91	91	provider type for community-based nutrition support organizations
92	92	for purposes of enrollment and reimbursement as a provider under
93	93	Medicaid.
94	94	(e) Not later than November 1 of each even-numbered year,
95	95	the commission shall prepare and submit to the legislature a
96	96	biennial report on the health outcomes of providing nutrition
97	97	support services in lieu of services specified in the state
98	98	Medicaid plan. The report must include:
99	99	(1) the number of recipients receiving nutrition
100	100	support services during the preceding two-year period; and
101	101	(2) an assessment of those individuals' health
102	102	outcomes based on relevant National Committee for Quality Assurance
103	103	Healthcare Effectiveness Data and Information Set (HEDIS)
104	104	measures, including:
105	105	(A) hemoglobin A1c levels;
106	106	(B) blood pressure control;
107	107	(C) birth weight, if applicable;
108	108	(D) emergency room visits; and
109	109	(E) any other measure of the health outcomes the
110	110	commission determines relevant to evaluate the effectiveness of
111	111	nutrition support services.
112	112	SECTION 3. The changes in law made by this Act apply to a
113	113	contract entered into or renewed on or after the effective date of
114	114	this Act. A contract entered into or renewed before that date is
115	115	governed by the law in effect on the date the contract was entered
116	116	into or renewed, and that law is continued in effect for that
117	117	purpose.
118	118	SECTION 4. If before implementing any provision of this Act
119	119	a state agency determines that a waiver or authorization from a
120	120	federal agency is necessary for implementation of that provision,
121	121	the agency affected by the provision shall request the waiver or
122	122	authorization and may delay implementing that provision until the
123	123	waiver or authorization is granted.
124	124	SECTION 5. This Act takes effect September 1, 2025.