Texas 2025 - 89th Regular

Texas House Bill HB4121 Compare Versions

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

Old	New	Differences
1	1	89R5958 LRM-F
2	2	By: Howard H.B. No. 4121
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the eligibility for and provision of benefits under
10	10	Medicaid or the child health plan program for certain individuals
11	11	committed, placed, or detained in certain facilities and settings.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Section 545.0101, Government
14	14	Code, as effective April 1, 2025, is amended to read as follows:
15	15	Sec. 545.0101. MEMORANDUM OF UNDERSTANDING REGARDING
16	16	MEDICAID AND CHILD HEALTH PLAN PROGRAM ELIGIBILITY DETERMINATIONS
17	17	AND BENEFITS FOR CERTAIN CHILDREN; ANNUAL REPORT.
18	18	SECTION 2. Section 545.0101, Government Code, as effective
19	19	April 1, 2025, is amended by amending Subsections (a) and (c) and
20	20	adding Subsection (e) to read as follows:
21	21	(a) Notwithstanding any other law and to the extent
22	22	permitted by federal law, the [The] commission shall enter into a
23	23	memorandum of understanding with the Texas Juvenile Justice
24	24	Department and the Department of Family and Protective Services to
25	25	ensure that the commission assesses each individual who is
26	26	committed, placed, or detained under Title 3, Family Code, for
27	27	Medicaid, including the STAR Health managed care program, and child
28	28	health plan program eligibility before that individual's release
29	29	from commitment, placement, or detention. A local juvenile
30	30	probation department is subject to the requirements of the
31	31	memorandum.
32	32	(c) The memorandum of understanding must require that [be
33	33	tailored to]:
34	34	(1) [achieve the goal of ensuring that] an individual
35	35	described by Subsection (a) who the commission determines is
36	36	eligible for Medicaid, including the STAR Health managed care
37	37	program, or the child health plan program:
38	38	(A) be [is] enrolled in the program for which the
39	39	individual is eligible; and
40	40	(B) [may] begin receiving services, including
41	41	telehealth services and telemedicine medical services, through the
42	42	program as soon as possible after the eligibility determination is
43	43	made; [and]
44	44	(2) the Texas Juvenile Justice Department, using
45	45	available resources, assist the individual with accessing
46	46	telehealth services or telemedicine medical services, including
47	47	mental health and behavioral health services, through the program
48	48	in which the individual is enrolled; and
49	49	(3) the Texas Juvenile Justice Department, in
50	50	coordination with the commission and Department of Family and
51	51	Protective Services:
52	52	(A) create a release plan for an individual
53	53	described by Subsection (a) who is enrolled in Medicaid, including
54	54	under the STAR Health managed care program, or the child health plan
55	55	program to ensure the individual continues [if possible, achieve
56	56	the goal of ensuring that the individual may begin] receiving
57	57	services through the applicable program on the date of the
58	58	individual's release from commitment, placement, or detention; or
59	59	(B) if the department is unable to create a
60	60	release plan required under Paragraph (A), include documentation in
61	61	the individual's release order that describes:
62	62	(i) the reasons the department was unable
63	63	to create the plan; and
64	64	(ii) the anticipated impact on the
65	65	individual's continuity of care under the program.
66	66	(e) Not later than September 1 of each year, the Texas
67	67	Juvenile Justice Department shall prepare and submit a report to
68	68	the governor, lieutenant governor, and speaker of the house of
69	69	representatives that contains the following information:
70	70	(1) the number of individuals described by Subsection
71	71	(a) who were:
72	72	(A) determined eligible by the commission for
73	73	coverage under Medicaid or the child health plan program; and
74	74	(B) enrolled in a program under this section;
75	75	(2) the number of individuals described by Subdivision
76	76	(1)(B) who received services under the program in which the
77	77	individual was enrolled while the individual was committed, placed,
78	78	or detained under Title 3, Family Code; and
79	79	(3) if an individual described by Subdivision (1)(B)
80	80	did not receive services under the program in which the individual
81	81	was enrolled, an explanation regarding why the individual did not
82	82	receive services under the program.
83	83	SECTION 3. Section 32.0264, Human Resources Code, is
84	84	repealed.
85	85	SECTION 4. As soon as practicable after the effective date
86	86	of this Act, the Health and Human Services Commission, the Texas
87	87	Juvenile Justice Department, and the Department of Family and
88	88	Protective Services shall update the memorandum of understanding
89	89	required by Section 545.0101, Government Code, as amended by this
90	90	Act.
91	91	SECTION 5. If before implementing any provision of this Act
92	92	a state agency determines that a waiver or authorization from a
93	93	federal agency is necessary for implementation of that provision,
94	94	the agency affected by the provision shall request the waiver or
95	95	authorization and may delay implementing that provision until the
96	96	waiver or authorization is granted.
97	97	SECTION 6. This Act takes effect immediately if it receives
98	98	a vote of two-thirds of all the members elected to each house, as
99	99	provided by Section 39, Article III, Texas Constitution. If this
100	100	Act does not receive the vote necessary for immediate effect, this
101	101	Act takes effect September 1, 2025.