Bill Text: TX HB98 | 2023-2024 | 88th Legislature | Engrossed


Bill Title: Relating to the administration, provision, and Medicaid reimbursement of mental health or behavioral health services provided to certain public school students.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2023-04-27 - Referred to Education [HB98 Detail]

Download: Texas-2023-HB98-Engrossed.html
 
 
  By: Moody, Garcia H.B. No. 98
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the administration, provision, and Medicaid
  reimbursement of mental health or behavioral health services
  provided to certain public school students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.037 to read as follows:
         Sec. 38.037.  ON-CAMPUS MENTAL HEALTH OR BEHAVIORAL HEALTH
  SERVICES. (a)  A school district may contract with a local mental
  health authority to provide mental health or behavioral health
  services on a campus of the district.
         (b)  At the request of a student's parent or guardian, a
  local mental health authority providing on-campus mental health or
  behavioral health services that conducts a mental health or
  behavioral health assessment of the student or provides mental
  health or behavioral health services to the student shall provide
  to the student's primary care physician the results of the
  assessment conducted and, if applicable, the results of any
  services provided.
         SECTION 2.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Sections 531.021136 and 531.024121 to read as
  follows:
         Sec. 531.021136.  COMMISSION'S AUTHORITY TO RETAIN CERTAIN
  MONEY TO ADMINISTER SCHOOL HEALTH AND RELATED SERVICES PROGRAM.
  (a) This section applies only to federal money the commission
  receives to provide the school health and related services program.
         (b)  Subject to Subsection (c), the commission may retain
  from the money to which this section applies an amount equal to the
  estimated costs necessary, as determined by the commission, to
  administer the school health and related services program,
  including costs associated with the development of training
  materials, compliance monitoring, technical assistance, and audit
  functions.
         (c)  The amount retained by the commission under this section
  may not exceed two percent of the total amount received by the
  commission during a state fiscal year.
         Sec. 531.024121.  SCHOOL HEALTH AND RELATED SERVICES
  PROGRAM: INTEGRITY AND AUDIT FUNCTIONS. (a) The commission shall
  make every effort to ensure the integrity of the school health and
  related services program, including by:
               (1)  performing risk assessments of every element of
  the program;
               (2)  annually performing desk audits of all local
  education agencies participating in the program;
               (3)  performing in-depth audits of a sample of local
  education agencies;
               (4)  ensuring compliance with all applicable federal
  standards and guidance regarding the administration of random
  moment time studies, coding, and cost claiming;
               (5)  considering information provided by the Texas
  Education Agency on the agency's audits of local education agencies
  that participate in the program;
               (6)  coordinating with the Texas Education Agency and
  any relevant stakeholders or advisory bodies in the development of
  training materials, policies, and technical assistance necessary
  to ensure compliance with all applicable state and federal
  requirements; and
               (7)  evaluating the program based on metrics developed
  by the commission.
         (b)  The commission may contract with a third party with the
  necessary expertise to comply with this section.
         (c)  At least once every five years, the commission's office
  of inspector general shall evaluate the effectiveness of the
  commission's efforts to ensure the integrity of the school health
  and related services program.
         SECTION 3.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Sections 32.0271 and 32.04245 to read as
  follows:
         Sec. 32.0271.  REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED
  TO MEDICAID-ENROLLED STUDENTS BY LOCAL EDUCATION AGENCIES. (a) In
  this section, "local education agency" includes a school district
  or open-enrollment charter school.
         (b)  This section applies only with respect to a child who is
  enrolled in Medicaid and is eligible to receive services under the
  school health and related services program, regardless of whether
  the child has an individualized education program.
         (c)  The commission shall ensure that reimbursement under
  the school health and related services program is provided to a
  local education agency for all mental health and behavioral health
  services covered under the program that are provided to a child
  described by Subsection (b).
         (d)  The parent or legal guardian of a child to whom this
  section applies must provide written consent for any services
  provided to the child under this section. The parent or legal
  guardian may revoke that consent at any time.
         (e)  A local education agency that provides mental health or
  behavioral health services to a child under this section shall
  provide a written summary of each of the child's service visits to:
               (1)  if the child is younger than 18 years of age, the
  child's parent or legal guardian; and
               (2)  if the child's parent or legal guardian provides
  consent, the child's primary care provider.
         (f)  This section does not require a local education agency
  to enroll as a Medicaid provider.
         Sec. 32.04245.  SCHOOL HEALTH AND RELATED SERVICES PROGRAM:
  THIRD-PARTY INSURERS. The commission may not provide reimbursement
  under the school health and related services program to a
  third-party health insurer for any service provided in order to
  facilitate the coordination of benefits.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the Health and Human Services Commission shall seek any
  necessary amendment to the state Medicaid plan or other appropriate
  authorization from the Centers for Medicare and Medicaid Services
  or other appropriate federal agency to implement Section 32.0271,
  Human Resources Code, as added by this Act, and may delay
  implementing that section until the amendment or other
  authorization is granted.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
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