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.