1 | 1 | | 89R6229 KKR-D |
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2 | 2 | | By: Bhojani H.B. No. 4459 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the provision of certain services under the Medicaid |
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10 | 10 | | managed care program to recipients who are victims of family |
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11 | 11 | | violence. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 540, Government Code, as effective April |
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14 | 14 | | 1, 2025, is amended by adding Subchapter T to read as follows: |
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15 | 15 | | SUBCHAPTER T. FAMILY VIOLENCE SERVICES |
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16 | 16 | | Sec. 540.0951. DEFINITIONS. In this subchapter: |
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17 | 17 | | (1) "Family violence" has the meaning assigned by |
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18 | 18 | | Section 71.004, Family Code. |
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19 | 19 | | (2) "Family violence services provider" means a |
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20 | 20 | | licensed health care provider, licensed mental health or behavioral |
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21 | 21 | | health provider, or other provider designated by commission rule |
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22 | 22 | | who provides family violence services. |
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23 | 23 | | (3) "Family violence services" means services that |
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24 | 24 | | provide trauma-informed care to a recipient who is a survivor of |
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25 | 25 | | family violence, including health care services, mental and |
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26 | 26 | | behavioral health services, and other services designated by |
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27 | 27 | | commission rule as family violence services. |
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28 | 28 | | (4) "Service coordination" includes: |
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29 | 29 | | (A) contact between a recipient and a service |
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30 | 30 | | coordinator for a Medicaid managed care organization; |
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31 | 31 | | (B) coordination, including with providers, to |
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32 | 32 | | assist a recipient in accessing benefits provided by the |
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33 | 33 | | organization; and |
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34 | 34 | | (C) coordination, including with providers as |
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35 | 35 | | appropriate, to assist a recipient in accessing services provided |
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36 | 36 | | by other entities or service providers in the recipient's |
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37 | 37 | | community. |
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38 | 38 | | Sec. 540.0952. FAMILY VIOLENCE SERVICES; SERVICE |
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39 | 39 | | COORDINATION. (a) A contract between a Medicaid managed care |
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40 | 40 | | organization and the commission to provide health care services to |
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41 | 41 | | recipients must: |
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42 | 42 | | (1) require the contracting Medicaid managed care |
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43 | 43 | | organization to: |
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44 | 44 | | (A) ensure recipients who are survivors of family |
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45 | 45 | | violence have access to family violence services providers and |
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46 | 46 | | family violence services; and |
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47 | 47 | | (B) provide family violence services |
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48 | 48 | | coordination to those recipients; and |
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49 | 49 | | (2) include performance metrics designed to assist the |
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50 | 50 | | commission in evaluating the organization's coordination and |
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51 | 51 | | provision of those services, including metrics related to: |
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52 | 52 | | (A) the number of family violence screenings |
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53 | 53 | | conducted; |
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54 | 54 | | (B) the number and types of referrals for family |
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55 | 55 | | violence services; and |
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56 | 56 | | (C) the organization's engagement with family |
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57 | 57 | | violence services providers. |
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58 | 58 | | (b) In implementing family violence services coordination |
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59 | 59 | | for recipients, a Medicaid managed care organization must: |
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60 | 60 | | (1) establish partnerships with licensed family |
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61 | 61 | | violence services providers to develop service coordination |
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62 | 62 | | pathways for recipients who are survivors of family violence; |
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63 | 63 | | (2) develop protocols for integrating the provision of |
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64 | 64 | | trauma-informed family violence services with health care and |
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65 | 65 | | mental health services provided to recipients in a manner that |
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66 | 66 | | meets a recipient's specific needs; |
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67 | 67 | | (3) require health care and mental health providers |
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68 | 68 | | participating in the organization's provider network to conduct |
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69 | 69 | | screenings of recipients to identify signs that a recipient is a |
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70 | 70 | | survivor of family violence that: |
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71 | 71 | | (A) use evidence-based screening methods |
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72 | 72 | | sensitive to a recipient's needs; and |
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73 | 73 | | (B) are conducted by personnel with appropriate |
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74 | 74 | | training about trauma-informed care, family violence awareness, |
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75 | 75 | | and culturally competent support practices; |
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76 | 76 | | (4) develop a streamlined process for referring |
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77 | 77 | | recipients to domestic violence services providers that ensures |
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78 | 78 | | continuity of care and provides access to specialized services and |
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79 | 79 | | family violence resources, including emergency shelters and |
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80 | 80 | | organizations providing legal support; and |
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81 | 81 | | (5) ensure recipients have access to mental and |
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82 | 82 | | behavioral health services that specifically address trauma |
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83 | 83 | | experienced by survivors of domestic violence, including: |
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84 | 84 | | (A) counseling to address the immediate and |
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85 | 85 | | long-term mental health needs of a recipient; and |
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86 | 86 | | (B) group counseling or support groups. |
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87 | 87 | | Sec. 540.0953. SERVICE COORDINATOR TRAINING. A Medicaid |
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88 | 88 | | managed care organization must ensure that each individual who |
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89 | 89 | | provides family violence service coordination to recipients under |
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90 | 90 | | this subchapter receive training on trauma-informed care, family |
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91 | 91 | | violence awareness, and culturally competent support practices. |
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92 | 92 | | Sec. 540.0954. MEDICAID MANAGED CARE ORGANIZATION ANNUAL |
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93 | 93 | | REPORT. A Medicaid managed care organization shall annually submit |
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94 | 94 | | to the commission a written report detailing the organization's |
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95 | 95 | | efforts to comply with this subchapter during the preceding year. |
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96 | 96 | | The report must include data on: |
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97 | 97 | | (1) the number of family violence screenings conducted |
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98 | 98 | | by providers included in the organization's provider network; |
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99 | 99 | | (2) the number and type of recipient referrals for |
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100 | 100 | | family violence services made by providers; and |
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101 | 101 | | (3) the scope of family violence mental health and |
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102 | 102 | | behavioral health services provided to recipients. |
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103 | 103 | | Sec. 540.0955. ANNUAL AUDIT. (a) The commission shall |
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104 | 104 | | annually conduct a performance audit of a Medicaid managed care |
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105 | 105 | | organization to: |
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106 | 106 | | (1) ensure the organization is providing family |
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107 | 107 | | violence services coordination; and |
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108 | 108 | | (2) evaluate the organization's performance in |
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109 | 109 | | providing family violence services and service coordination to |
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110 | 110 | | recipients under this subchapter. |
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111 | 111 | | (b) In evaluating a Medicaid managed care organization's |
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112 | 112 | | performance under Subsection (a), the commission shall: |
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113 | 113 | | (1) use the metrics included in the organization's |
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114 | 114 | | contract with the commission; and |
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115 | 115 | | (2) assess the quality of care and service |
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116 | 116 | | coordination provided to recipients by the organization. |
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117 | 117 | | Sec. 540.0956. RULES. The executive commissioner shall |
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118 | 118 | | adopt rules necessary to implement this subchapter, including rules |
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119 | 119 | | designating: |
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120 | 120 | | (1) services that are considered family violence |
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121 | 121 | | services; and |
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122 | 122 | | (2) health care providers that may receive Medicaid |
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123 | 123 | | reimbursement for providing family violence services. |
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124 | 124 | | SECTION 2. Section 32.024, Human Resources Code, is amended |
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125 | 125 | | by adding Subsection (ss) to read as follows: |
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126 | 126 | | (ss) The commission shall ensure that medical assistance |
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127 | 127 | | reimbursement is provided to a family violence services provider |
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128 | 128 | | for providing family violence services to a recipient under |
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129 | 129 | | Subchapter T, Chapter 540, Government Code. |
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130 | 130 | | SECTION 3. (a) The Health and Human Services Commission |
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131 | 131 | | shall, in a contract between the commission and a managed care |
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132 | 132 | | organization under Chapter 540, Government Code, as effective April |
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133 | 133 | | 1, 2025, that is entered into or renewed on or after the effective |
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134 | 134 | | date of this Act, require that the managed care organization comply |
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135 | 135 | | with Subchapter T, Chapter 540, Government Code, as added by this |
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136 | 136 | | Act. |
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137 | 137 | | (b) The Health and Human Services Commission shall seek to |
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138 | 138 | | amend contracts entered into with managed care organizations under |
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139 | 139 | | Chapter 533, Government Code, or under Chapter 540, Government |
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140 | 140 | | Code, as effective April 1, 2025, before the effective date of this |
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141 | 141 | | Act to require those managed care organizations to comply with |
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142 | 142 | | Subchapter T, Chapter 540, Government Code, as added by this Act. |
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143 | 143 | | To the extent of a conflict between Subchapter T, Chapter 540, |
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144 | 144 | | Government Code, as added by this Act, and a provision of a contract |
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145 | 145 | | with a managed care organization entered into before the effective |
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146 | 146 | | date of this Act, the contract provision prevails. |
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147 | 147 | | SECTION 4. If before implementing any provision of this Act |
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148 | 148 | | a state agency determines that a waiver or authorization from a |
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149 | 149 | | federal agency is necessary for implementation of that provision, |
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150 | 150 | | the agency affected by the provision shall request the waiver or |
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151 | 151 | | authorization and may delay implementing that provision until the |
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152 | 152 | | waiver or authorization is granted. |
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153 | 153 | | SECTION 5. This Act takes effect September 1, 2025. |
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