Texas 2025 - 89th Regular

Texas House Bill HB4459 Compare Versions

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11 89R6229 KKR-D
22 By: Bhojani H.B. No. 4459
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the provision of certain services under the Medicaid
1010 managed care program to recipients who are victims of family
1111 violence.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Chapter 540, Government Code, as effective April
1414 1, 2025, is amended by adding Subchapter T to read as follows:
1515 SUBCHAPTER T. FAMILY VIOLENCE SERVICES
1616 Sec. 540.0951. DEFINITIONS. In this subchapter:
1717 (1) "Family violence" has the meaning assigned by
1818 Section 71.004, Family Code.
1919 (2) "Family violence services provider" means a
2020 licensed health care provider, licensed mental health or behavioral
2121 health provider, or other provider designated by commission rule
2222 who provides family violence services.
2323 (3) "Family violence services" means services that
2424 provide trauma-informed care to a recipient who is a survivor of
2525 family violence, including health care services, mental and
2626 behavioral health services, and other services designated by
2727 commission rule as family violence services.
2828 (4) "Service coordination" includes:
2929 (A) contact between a recipient and a service
3030 coordinator for a Medicaid managed care organization;
3131 (B) coordination, including with providers, to
3232 assist a recipient in accessing benefits provided by the
3333 organization; and
3434 (C) coordination, including with providers as
3535 appropriate, to assist a recipient in accessing services provided
3636 by other entities or service providers in the recipient's
3737 community.
3838 Sec. 540.0952. FAMILY VIOLENCE SERVICES; SERVICE
3939 COORDINATION. (a) A contract between a Medicaid managed care
4040 organization and the commission to provide health care services to
4141 recipients must:
4242 (1) require the contracting Medicaid managed care
4343 organization to:
4444 (A) ensure recipients who are survivors of family
4545 violence have access to family violence services providers and
4646 family violence services; and
4747 (B) provide family violence services
4848 coordination to those recipients; and
4949 (2) include performance metrics designed to assist the
5050 commission in evaluating the organization's coordination and
5151 provision of those services, including metrics related to:
5252 (A) the number of family violence screenings
5353 conducted;
5454 (B) the number and types of referrals for family
5555 violence services; and
5656 (C) the organization's engagement with family
5757 violence services providers.
5858 (b) In implementing family violence services coordination
5959 for recipients, a Medicaid managed care organization must:
6060 (1) establish partnerships with licensed family
6161 violence services providers to develop service coordination
6262 pathways for recipients who are survivors of family violence;
6363 (2) develop protocols for integrating the provision of
6464 trauma-informed family violence services with health care and
6565 mental health services provided to recipients in a manner that
6666 meets a recipient's specific needs;
6767 (3) require health care and mental health providers
6868 participating in the organization's provider network to conduct
6969 screenings of recipients to identify signs that a recipient is a
7070 survivor of family violence that:
7171 (A) use evidence-based screening methods
7272 sensitive to a recipient's needs; and
7373 (B) are conducted by personnel with appropriate
7474 training about trauma-informed care, family violence awareness,
7575 and culturally competent support practices;
7676 (4) develop a streamlined process for referring
7777 recipients to domestic violence services providers that ensures
7878 continuity of care and provides access to specialized services and
7979 family violence resources, including emergency shelters and
8080 organizations providing legal support; and
8181 (5) ensure recipients have access to mental and
8282 behavioral health services that specifically address trauma
8383 experienced by survivors of domestic violence, including:
8484 (A) counseling to address the immediate and
8585 long-term mental health needs of a recipient; and
8686 (B) group counseling or support groups.
8787 Sec. 540.0953. SERVICE COORDINATOR TRAINING. A Medicaid
8888 managed care organization must ensure that each individual who
8989 provides family violence service coordination to recipients under
9090 this subchapter receive training on trauma-informed care, family
9191 violence awareness, and culturally competent support practices.
9292 Sec. 540.0954. MEDICAID MANAGED CARE ORGANIZATION ANNUAL
9393 REPORT. A Medicaid managed care organization shall annually submit
9494 to the commission a written report detailing the organization's
9595 efforts to comply with this subchapter during the preceding year.
9696 The report must include data on:
9797 (1) the number of family violence screenings conducted
9898 by providers included in the organization's provider network;
9999 (2) the number and type of recipient referrals for
100100 family violence services made by providers; and
101101 (3) the scope of family violence mental health and
102102 behavioral health services provided to recipients.
103103 Sec. 540.0955. ANNUAL AUDIT. (a) The commission shall
104104 annually conduct a performance audit of a Medicaid managed care
105105 organization to:
106106 (1) ensure the organization is providing family
107107 violence services coordination; and
108108 (2) evaluate the organization's performance in
109109 providing family violence services and service coordination to
110110 recipients under this subchapter.
111111 (b) In evaluating a Medicaid managed care organization's
112112 performance under Subsection (a), the commission shall:
113113 (1) use the metrics included in the organization's
114114 contract with the commission; and
115115 (2) assess the quality of care and service
116116 coordination provided to recipients by the organization.
117117 Sec. 540.0956. RULES. The executive commissioner shall
118118 adopt rules necessary to implement this subchapter, including rules
119119 designating:
120120 (1) services that are considered family violence
121121 services; and
122122 (2) health care providers that may receive Medicaid
123123 reimbursement for providing family violence services.
124124 SECTION 2. Section 32.024, Human Resources Code, is amended
125125 by adding Subsection (ss) to read as follows:
126126 (ss) The commission shall ensure that medical assistance
127127 reimbursement is provided to a family violence services provider
128128 for providing family violence services to a recipient under
129129 Subchapter T, Chapter 540, Government Code.
130130 SECTION 3. (a) The Health and Human Services Commission
131131 shall, in a contract between the commission and a managed care
132132 organization under Chapter 540, Government Code, as effective April
133133 1, 2025, that is entered into or renewed on or after the effective
134134 date of this Act, require that the managed care organization comply
135135 with Subchapter T, Chapter 540, Government Code, as added by this
136136 Act.
137137 (b) The Health and Human Services Commission shall seek to
138138 amend contracts entered into with managed care organizations under
139139 Chapter 533, Government Code, or under Chapter 540, Government
140140 Code, as effective April 1, 2025, before the effective date of this
141141 Act to require those managed care organizations to comply with
142142 Subchapter T, Chapter 540, Government Code, as added by this Act.
143143 To the extent of a conflict between Subchapter T, Chapter 540,
144144 Government Code, as added by this Act, and a provision of a contract
145145 with a managed care organization entered into before the effective
146146 date of this Act, the contract provision prevails.
147147 SECTION 4. If before implementing any provision of this Act
148148 a state agency determines that a waiver or authorization from a
149149 federal agency is necessary for implementation of that provision,
150150 the agency affected by the provision shall request the waiver or
151151 authorization and may delay implementing that provision until the
152152 waiver or authorization is granted.
153153 SECTION 5. This Act takes effect September 1, 2025.