Texas 2025 - 89th Regular

Texas House Bill HB3396 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~89R22007~~ RAL-D
	1	+	89R6287 RAL-D
2	2		By: Frank H.B. No. 3396
3		-	~~Substitute the following for H.B. No. 3396:~~
4		-	~~By: Hull C.S.H.B. No. 3396~~
	3	+
	4	+
5	5
6	6
7	7		A BILL TO BE ENTITLED
8	8		AN ACT
9	9		relating to the authority of certain medical consenters to assume
10	10		financial responsibility for certain out-of-network medical care
11	11		provided to children in foster care.
12	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13		SECTION 1. Chapter 266, Family Code, is amended by adding
14	14		Section 266.0043 to read as follows:
15	15		Sec. 266.0043. ASSUMPTION OF FINANCIAL RESPONSIBILITY BY
16	16		MEDICAL CONSENTERS. (a) In this section:
17	17		(1) "Health care provider" means an individual who is
18	18		licensed, certified, or otherwise authorized to provide health care
19		-	services in this state. ~~The term does not include a pharmacy.~~
	19	+	services in this state.
20	20		(2) "Managed care plan" has the meaning assigned by
21	21		Section 540.0001, Government Code.
22	22		(3) "Medicaid" and "Medicaid managed care
23	23		organization" have the meanings assigned by Section 521.0001,
24	24		Government Code.
25	25		(4) "Medicaid managed care plan" means a managed care
26	26		plan offered by a Medicaid managed care organization.
27	27		(5) "Medical consenter" means a person authorized to
28	28		consent to medical care for a foster child under Section
29	29		266.004(b).
30	30		(6) "Out-of-network provider" means a health care
31	31		provider who is not included in the provider network of the Medicaid
32	32		managed care plan in which a foster child is enrolled.
33		-	(7) "Pharmacy" has the meaning assigned by Section
34		-	551.003, Occupations Code.
35	33		(b) Notwithstanding any other law, a medical consenter
36	34		other than the department may assume financial responsibility for
37	35		medical care, including behavioral health services, provided to a
38	36		foster child by an out-of-network provider engaged by the medical
39		-	consenter on behalf of the child. For purposes of this section,
40		-	assuming financial responsibility may include the medical
41		-	consenter enrolling the child in a health insurance plan.
	37	+	consenter on behalf of the child.
42	38		(c) The department is not liable for the cost of medical
43		-	care described by Subsection (b), unless a court orders the
44		-	department to cover the cost of the medical care.
45		-	(d) This section may not be construed to:
46		-	(1) limit or restrict a foster child's access to
47		-	Medicaid benefits, including in-network benefits provided under
48		-	the Medicaid managed care program;
49		-	(2) change or limit the rights of parents of children
50		-	in the temporary managing conservatorship of the department; or
51		-	(3) limit a court's authority to order the department
52		-	to assume financial responsibility for the cost of services
53		-	provided to a foster child by an out-of-network provider.
	39	+	care described by Subsection (b).
	40	+	(d) This section may not be construed to limit or restrict a
	41	+	foster child's access to Medicaid benefits, including in-network
	42	+	benefits provided under the Medicaid managed care program.
54	43		(e) Not later than the 10th business day after the date
55	44		medical care for which a medical consenter assumes financial
56	45		responsibility under this section is provided, the medical
57	46		consenter shall notify, in the form and manner prescribed by the
58	47		department, the child's caseworker of the provision of that care.
59	48		The department shall ensure the child's health passport includes
60	49		records of the medical care provided under this section.
61		-	SECTION 2. Subchapter Q, Chapter 540, Government Code, is
62		-	amended by adding Section 540.0807 to read as follows:
	50	+	SECTION 2. Subchapter Q, Chapter 540, Government Code, as
	51	+	effective April 1, 2025, is amended by adding Section 540.0807 to
	52	+	read as follows:
63	53		Sec. 540.0807. ACCESS TO CARE PAID FOR BY CERTAIN MEDICAL
64	54		CONSENTERS. (a) A Medicaid managed care organization may not take
65	55		adverse action to prevent or discourage a recipient from accessing
66	56		health care and related services and benefits in accordance with
67	57		Section 266.0043, Family Code.
68	58		(b) A STAR Health program managed care contract between a
69	59		Medicaid managed care organization and the commission must require
70	60		that the organization comply with Subsection (a).
71	61		(c) This section may not be construed to confer liability on
72	62		a Medicaid managed care organization for the cost of health care and
73	63		related services and benefits described by Section 266.0043(b),
74	64		Family Code.
75	65		SECTION 3. If before implementing any provision of this Act
76	66		a state agency determines that a waiver or authorization from a
77	67		federal agency is necessary for implementation of that provision,
78	68		the agency affected by the provision shall request the waiver or
79	69		authorization and may delay implementing that provision until the
80	70		waiver or authorization is granted.
81	71		SECTION 4. This Act takes effect September 1, 2025.