Bill Text: TX HB4083 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to trauma screening for certain children and trauma-informed care training for certain providers participating in the Medicaid managed care program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Human Services [HB4083 Detail]
Download: Texas-2017-HB4083-Introduced.html
85R11123 JG-F | ||
By: Miller | H.B. No. 4083 |
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relating to trauma screening for certain children and | ||
trauma-informed care training for certain providers participating | ||
in the Medicaid managed care program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 266.0042, Family Code, is amended to | ||
read as follows: | ||
Sec. 266.0042. CONSENT FOR PSYCHOTROPIC | ||
MEDICATION. Consent to the administration of a psychotropic | ||
medication is valid only if: | ||
(1) the consent is given voluntarily and without undue | ||
influence; and | ||
(2) the person authorized by law to consent for the | ||
foster child receives verbally or in writing information that | ||
describes: | ||
(A) the specific condition to be treated; | ||
(B) the beneficial effects on that condition | ||
expected from the medication; | ||
(C) the probable health and mental health | ||
consequences of not consenting to the medication; | ||
(D) the probable clinically significant side | ||
effects and risks associated with the medication; [ |
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(E) the generally accepted alternative | ||
medications and non-pharmacological interventions to the | ||
medication, if any, and the reasons for the proposed course of | ||
treatment; and | ||
(F) the determination, following a screening of | ||
the foster child for trauma, that the symptoms exhibited by the | ||
foster child are related to a diagnosed mental disorder and not a | ||
traumatic event or that the administration of the psychotropic | ||
medication is recommended for temporary relief for symptoms related | ||
to a traumatic event. | ||
SECTION 2. Section 533.0052, Government Code, is amended to | ||
read as follows: | ||
Sec. 533.0052. STAR HEALTH PROGRAM: TRAUMA-INFORMED CARE | ||
TRAINING. (a) A contract between a managed care organization and | ||
the commission for the organization to provide health care services | ||
to recipients under the STAR Health program must require that: | ||
(1) [ |
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diagnoses mental health conditions or disorders for, prescribes | ||
psychotropic medications for, or provides non-pharmacological | ||
interventions or therapeutic treatment for mental health | ||
conditions or disorders to foster children in the conservatorship | ||
of the Department of Family and Protective Services receives a | ||
minimum of eight hours of trauma-informed care training that the | ||
Department of Family and Protective Services, after consultation | ||
with the Department of State Health Services, considers appropriate | ||
and that includes training on: | ||
(A) attachment theory; | ||
(B) the impact of trauma on a child's: | ||
(i) brain development; | ||
(ii) neurochemistry; | ||
(iii) behavior; and | ||
(iv) cognitive processes and perception; | ||
(C) managing psychological triggers of traumatic | ||
memories; | ||
(D) to reduce the chances of misdiagnosis, | ||
distinctions between symptoms related to trauma exposure and | ||
symptoms related to mental health disorders; | ||
(E) the types and appropriate uses of | ||
non-pharmacological interventions and evidence-based treatment | ||
modalities for trauma; | ||
(F) the factors to consider regarding the | ||
potential use of psychotropic medications by children who have | ||
experienced traumatic events; and | ||
(G) the impact of alcohol use on the brain | ||
development of a child in utero and the impact of fetal alcohol | ||
spectrum disorder on a child's behavior; and | ||
(2) each contracted physician or provider who provides | ||
non-pharmacological interventions or therapeutic treatment to | ||
foster children in the conservatorship of the Department of Family | ||
and Protective Services be certified to use at least one | ||
evidence-based, trauma-informed intervention or therapy that has | ||
received a positive rating for the strength of the research | ||
evidence supporting the intervention or therapy from the California | ||
Evidence-Based Clearinghouse for Child Welfare. | ||
(a-1) The commission shall make the training described by | ||
Subsection (a)(1) available at no cost to each contracted physician | ||
or provider. | ||
(a-2) A contracted physician or provider may meet the | ||
requirements in Subsection (a) by providing documentation to the | ||
commission of relevant training and certification. | ||
(b) The commission shall require [ |
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care organization providing health care services to recipients | ||
under the STAR Health program to require that each contracted | ||
physician or provider receives [ |
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post-traumatic stress disorder from other mental health disorders, | ||
such as [ |
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disorder, and oppositional defiant disorder, not later than | ||
[ |
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providing services under the managed care plan. | ||
(c) Notwithstanding any other law, a contracted physician | ||
or provider is not required to meet the training and certification | ||
requirements of this section before September 1, 2019. This | ||
subsection expires September 1, 2021. | ||
SECTION 3. (a) Section 533.0052, Government Code, as | ||
amended by this Act, applies only to a contract between the Health | ||
and Human Services Commission and a managed care organization that | ||
is entered into or renewed on or after the effective date of this | ||
Act. | ||
(b) To the extent permitted by law or the terms of the | ||
contract, the Health and Human Services Commission shall amend a | ||
contract entered into before the effective date of this Act with a | ||
managed care organization to require compliance with Section | ||
533.0052, Government Code, as amended by this Act. | ||
SECTION 4. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 5. This Act takes effect September 1, 2017. |