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.

Spectrum: 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
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