Bill Text: TX SB74 | 2017-2018 | 85th Legislature | Enrolled

---

Bill Title: Relating to the provision of certain behavioral health services to children, adolescents, and their families under a contract with a managed care organization.

Sponsorship: Bipartisan Bill

Status: (Passed) 2017-06-09 - Effective immediately [SB74 Detail]

Download: Texas-2017-SB74-Enrolled.html

---

S.B. No. 74

AN ACT
relating to the provision of certain behavioral health services to
children, adolescents, and their families under a contract with a
managed care organization.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 533, Government Code, is
amended by adding Sections 533.002552 and 533.002553 to read as
follows:
Sec. 533.002552. TARGETED CASE MANAGEMENT AND PSYCHIATRIC
REHABILITATIVE SERVICES FOR CHILDREN, ADOLESCENTS, AND FAMILIES.
(a) A provider in the provider network of a managed care
organization that contracts with the commission to provide
behavioral health services under Section 533.00255 may contract
with the managed care organization to provide targeted case
management and psychiatric rehabilitative services to children,
adolescents, and their families.
(b) Commission rules and guidelines concerning contract and
training requirements applicable to the provision of behavioral
health services may apply to a provider that contracts with a
managed care organization under Subsection (a) only to the extent
those contract and training requirements are specific to the
provision of targeted case management and psychiatric
rehabilitative services to children, adolescents, and their
families.
(c) Commission rules and guidelines applicable to a
provider that contracts with a managed care organization under
Subsection (a) may not require the provider to provide a behavioral
health crisis hotline or a mobile crisis team that operates 24 hours
per day and seven days per week. This subsection does not prohibit
a managed care organization that contracts with the commission to
provide behavioral health services under Section 533.00255 from
specifically contracting with a provider for the provision of a
behavioral health crisis hotline or a mobile crisis team that
operates 24 hours per day and seven days per week.
(d) Commission rules and guidelines applicable to a
provider that contracts with a managed care organization to provide
targeted case management and psychiatric rehabilitative services
specific to children and adolescents who are at risk of juvenile
justice involvement, expulsion from school, displacement from the
home, hospitalization, residential treatment, or serious injury to
self, others, or animals may not require the provider to also
provide less intensive psychiatric rehabilitative services
specified by commission rules and guidelines as applicable to the
provision of targeted case management and psychiatric
rehabilitative services to children, adolescents, and their
families, if that provider has a referral arrangement to provide
access to those less intensive psychiatric rehabilitative
services.
(e) Commission rules and guidelines applicable to a
provider that contracts with a managed care organization under
Subsection (a) may not require the provider to provide services not
covered under Medicaid.
Sec. 533.002553. BEHAVIORAL HEALTH SERVICES PROVIDED
THROUGH THIRD PARTY OR SUBSIDIARY. (a) In this section,
"behavioral health services" has the meaning assigned by Section
533.00255.
(b) For a managed care organization that contracts with the
commission under this chapter and that provides behavioral health
services through a contract with a third party or an arrangement
with a subsidiary of the managed care organization, the commission
shall:
(1) require the effective sharing and integration of
care coordination, service authorization, and utilization
management data between the managed care organization and the third
party or subsidiary;
(2) encourage, to the extent feasible, the colocation
of physical health and behavioral health care coordination staff;
(3) require warm call transfers between physical
health and behavioral health care coordination staff;
(4) require the managed care organization and the
third party or subsidiary to implement joint rounds for physical
health and behavioral health services network providers or some
other effective means for sharing clinical information; and
(5) ensure that the managed care organization makes
available a seamless provider portal for both physical health and
behavioral health services network providers, to the extent allowed
by federal law.
SECTION 2. Not later than January 1, 2018, the executive
commissioner of the Health and Human Services Commission shall
adopt rules and guidelines or amend existing rules and guidelines
as necessary to comply with the requirements of Section 533.002552,
Government Code, as added by this Act.
SECTION 3. 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 4. 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, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 74 passed the Senate on
April 3, 2017, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 22, 2017, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 74 passed the House, with
amendment, on May 17, 2017, by the following vote: Yeas 140,
Nays 2, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor