Bill Text: TX HB3225 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the reimbursement under Medicaid of local educational agencies for the provision of health care services to students.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-13 - Left pending in committee [HB3225 Detail]
Download: Texas-2021-HB3225-Introduced.html
87R5210 MM-D | ||
By: Hinojosa | H.B. No. 3225 |
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relating to the reimbursement under Medicaid of local educational | ||
agencies for the provision of health care services to students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.0275 to read as follows: | ||
Sec. 32.0275. REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED | ||
TO MEDICAID-ELIGIBLE STUDENTS BY LOCAL EDUCATIONAL AGENCIES. (a) | ||
In this section, "local educational agency" includes a school | ||
district or open-enrollment charter school. | ||
(b) The commission shall ensure that Medicaid reimbursement | ||
is provided to a local educational agency for all health care | ||
services covered under Medicaid, including behavioral health | ||
services, that are provided to students eligible for Medicaid | ||
through the agency by a health professional, if: | ||
(1) the agency is an authorized health care provider | ||
under Medicaid; and | ||
(2) the parent or legal guardian of the student | ||
provides consent before the service is provided. | ||
(c) The commission shall ensure a local educational agency | ||
receives Medicaid reimbursement under Subsection (b): | ||
(1) regardless of whether: | ||
(A) there is any charge for the service to the | ||
student as a Medicaid recipient or to the community at large; | ||
(B) the provided service is included in a | ||
student's individualized education plan or individualized family | ||
service plan; and | ||
(C) the health professional providing the | ||
service is the recipient's primary care provider; and | ||
(2) that is based on the random moment time study | ||
methodology. | ||
(d) A local educational agency may only use the proceeds of | ||
Medicaid reimbursements received under this section to continue to | ||
fund the provision of health care services by the agency. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the Health and Human Services Commission shall seek an | ||
amendment to the state Medicaid plan or other appropriate | ||
authorization from the Centers for Medicare and Medicaid Services | ||
or other appropriate federal agency necessary to implement Section | ||
32.0275, Human Resources Code, as added by this Act, and may delay | ||
implementing that section until the amendment or other | ||
authorization is granted. | ||
SECTION 3. 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, 2021. |