Bill Text: TX HB1238 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the school health and related services program, including parental consent for program services, the establishment of a school health and related services program advisory council, and the publication of the School Health and Related Services (SHARS) Handbook portion of the Texas Medicaid Provider Procedures Manual.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-05 - Referred to Health & Human Services [HB1238 Detail]
Download: Texas-2023-HB1238-Engrossed.html
88R19604 GCB-D | ||
By: VanDeaver | H.B. No. 1238 |
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relating to the school health and related services program, | ||
including parental consent for program services, the establishment | ||
of a school health and related services program advisory council, | ||
and the publication of the School Health and Related Services | ||
(SHARS) Handbook portion of the Texas Medicaid Provider Procedures | ||
Manual. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 38, Education Code, is | ||
amended by adding Section 38.035 to read as follows: | ||
Sec. 38.035. SCHOOL HEALTH AND RELATED SERVICES PROGRAM: | ||
PARENTAL CONSENT. (a) For each student for whom a school district | ||
or open-enrollment charter school may request reimbursement under | ||
the school health and related services program during a school | ||
year, the district or school shall obtain written parental consent | ||
for disclosure to the district or school, the agency, or the Health | ||
and Human Services Commission of the student's personally | ||
identifiable information, as necessary to administer the program. | ||
(b) The parent's written consent under Subsection (a) must | ||
be in a form that satisfies the requirements of the Family | ||
Educational Rights and Privacy Act of 1974 (20 U.S.C. Section | ||
1232g). | ||
(c) A school district or open-enrollment charter school | ||
shall provide a copy of a parent's written consent under Subsection | ||
(a) to the agency and the Health and Human Services Commission for | ||
the agency and the commission to maintain in the agency's and the | ||
commission's records as necessary to administer the program. | ||
(d) Parental consent obtained in compliance with Subsection | ||
(a) for a school year is sufficient for all program-related | ||
purposes of the agency or the Health and Human Services Commission | ||
involving the use of a student's personally identifiable | ||
information for the remainder of that year. The school district or | ||
open-enrollment charter school, the agency, or the commission may | ||
not require additional parental consent other than the written | ||
consent described by Subsection (a) for a program-related purpose | ||
that does not involve the sharing of a student's personally | ||
identifiable information. | ||
SECTION 2. Subchapter B, Chapter 531, Government Code, is | ||
amended by adding Section 531.021183 to read as follows: | ||
Sec. 531.021183. SCHOOL HEALTH AND RELATED SERVICES (SHARS) | ||
HANDBOOK. (a) Not later than July 1 of each year, the commission | ||
shall publish an update to the School Health and Related Services | ||
(SHARS) Handbook portion of the Texas Medicaid Provider Procedures | ||
Manual for providers of services to Medicaid recipients. | ||
(b) For at least 60 days before publishing an update to the | ||
School Health and Related Services (SHARS) Handbook, the executive | ||
commissioner by rule shall establish a procedure allowing the | ||
public to inspect and comment on proposed changes to the handbook in | ||
the same manner that public inspection and comment is provided in | ||
the rulemaking process under Chapter 2001. | ||
(c) The commission shall consult the advisory council | ||
established under Chapter 106, Health and Safety Code, regarding | ||
any proposed changes to the handbook. | ||
SECTION 3. Subtitle E, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 106 to read as follows: | ||
CHAPTER 106. SCHOOL HEALTH AND RELATED SERVICES PROGRAM | ||
ADVISORY COUNCIL | ||
Sec. 106.001. DEFINITIONS. In this chapter: | ||
(1) "Advisory council" means the school health and | ||
related services program advisory council established under this | ||
chapter. | ||
(2) "Agency" means the Texas Education Agency. | ||
(3) "SHARS handbook" means the School Health and | ||
Related Services (SHARS) Handbook portion of the Texas Medicaid | ||
Provider Procedures Manual described by Section 531.021183, | ||
Government Code. | ||
(4) "Program" means the school health and related | ||
services program under which certain health-related services | ||
provided under a student's individualized education program are | ||
eligible for Medicaid reimbursement. | ||
Sec. 106.002. COMPOSITION OF COUNCIL. (a) The advisory | ||
council is composed of 13 members as follows: | ||
(1) one employee of the agency with administrative | ||
duties involving the program; | ||
(2) two employees of the commission with | ||
administrative duties involving the program; | ||
(3) one superintendent or chief financial officer of a | ||
school district with a student enrollment of at least 5,000 | ||
students; | ||
(4) one superintendent or chief financial officer of a | ||
school district eligible for the allotment under Section 48.101(c), | ||
Education Code; | ||
(5) one superintendent or chief financial officer of a | ||
school district eligible for the allotment under Section 48.101(b) | ||
or (d), Education Code; | ||
(6) one special education director employed by a | ||
school district described by Subdivision (3); | ||
(7) one special education director employed by a | ||
school district described by Subdivision (4); | ||
(8) one special education director employed by a | ||
school district described by Subdivision (5); | ||
(9) two persons who are each a parent of a student | ||
eligible for reimbursement under the program; | ||
(10) one member of an advocacy group for children with | ||
special needs; and | ||
(11) one provider of special education services. | ||
(b) The commissioner of education shall appoint the member | ||
described by Subsection (a)(1). The executive commissioner or the | ||
executive commissioner's designee shall: | ||
(1) appoint the remaining 12 members to the advisory | ||
council; and | ||
(2) designate one member as chair of the advisory | ||
council. | ||
(c) An appointment to a vacancy on the advisory council | ||
shall be made in the same manner as the original appointment. A | ||
member is eligible for reappointment. | ||
Sec. 106.003. TERMS. Members of the advisory council serve | ||
staggered four-year terms, with the terms of six or seven members | ||
expiring on August 31 of each odd-numbered year. | ||
Sec. 106.004. REIMBURSEMENT. Members of the advisory | ||
council serve without compensation but are entitled to | ||
reimbursement for travel expenses. | ||
Sec. 106.005. COUNCIL DUTIES; ADVISORY STATUS. (a) The | ||
advisory council shall advise the agency and the commission | ||
regarding: | ||
(1) implementing and administering the program; | ||
(2) incorporating changes to federal law governing the | ||
program; | ||
(3) publishing the SHARS handbook, including the | ||
adoption of potential amendments to the handbook; and | ||
(4) any other issue involving the administration of | ||
the program or the publication of the handbook. | ||
(b) Chapter 2110, Government Code, does not apply to the | ||
advisory council. | ||
Sec. 106.006. ADMINISTRATIVE SUPPORT AND FUNDING. (a) The | ||
commission shall provide administrative support for the advisory | ||
council. | ||
(b) Funding for the administrative and operational expenses | ||
of the advisory council shall be provided by legislative | ||
appropriation made to the commission for that purpose. | ||
Sec. 106.007. RULES. The executive commissioner may adopt | ||
rules as necessary to implement this chapter. | ||
SECTION 4. Notwithstanding Section 531.021183, Government | ||
Code, as added by this Act, the Health and Human Services Commission | ||
shall publish the update to the School Health and Related Services | ||
(SHARS) Handbook portion of the Texas Medicaid Provider Procedures | ||
Manual as soon as practicable and not later than October 1, 2023. | ||
The Health and Human Services Commission shall publish the update | ||
to the handbook by a date not later than July 1 in 2024 and each | ||
subsequent year. | ||
SECTION 5. As soon as practicable and not later than October | ||
1, 2023, the commissioner of education and the executive | ||
commissioner of the Health and Human Services Commission shall | ||
appoint the members of the school health and related services | ||
program advisory council established under Chapter 106, Health and | ||
Safety Code, as added by this Act, and shall provide for staggered | ||
member terms as required by that chapter. | ||
SECTION 6. 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. |