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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of counseling services by certain |
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providers under Medicaid and reimbursement for those services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.027, Human Resources Code, is amended |
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by amending Subsection (l) and adding Subsection (m) to read as |
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follows: |
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(l) Subject to appropriations, the commission shall assure |
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that a recipient of medical assistance under this chapter may |
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select a licensed psychologist, a licensed marriage and family |
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therapist, as defined by Section 502.002, Occupations Code, a |
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licensed professional counselor, as defined by Section 503.002, |
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Occupations Code, or a licensed clinical [master] social worker, as |
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defined by Section 505.002, Occupations Code, to perform any health |
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care service or procedure covered under the medical assistance |
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program if the selected person is authorized by law to perform the |
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service or procedure. This subsection shall be liberally |
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construed. |
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(m) The commission shall assure that a recipient of medical |
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assistance under this chapter may select the following to perform |
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any health care service or procedure covered under the medical |
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assistance program if the selected person is licensed and |
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authorized by law to perform the service or procedure: |
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(1) a licensed marriage and family therapist |
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associate, as defined by Section 502.002, Occupations Code, who is |
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working toward fulfilling the supervised practice requirements to |
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be licensed as a licensed marriage and family therapist, as defined |
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by that section; |
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(2) a licensed master social worker, as defined by |
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Section 505.002, Occupations Code, who is actively pursuing the |
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education and training required to be licensed as a licensed |
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clinical social worker, as defined by that section; or |
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(3) a licensed professional counselor intern, as |
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described by 22 T.A.C. Chapter 681, who is working toward |
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fulfilling the supervised practice requirements to be licensed as a |
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licensed professional counselor, as defined by Section 503.002, |
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Occupations Code. |
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SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.079 to read as follows: |
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Sec. 32.079. REIMBURSEMENT FOR CERTAIN COUNSELING |
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SERVICES. (a) The commission shall provide reimbursement under |
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the medical assistance program to a provider described by Section |
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32.027(l) who is a licensed marriage and family therapist, licensed |
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professional counselor, or licensed clinical social worker, is |
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selected by a recipient of medical assistance, and provides |
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counseling services covered under the medical assistance program |
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that the provider is authorized by law to perform. The commission |
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shall ensure that the provider is reimbursed at a rate equal to the |
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reimbursement rate established for a licensed psychiatrist or |
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licensed psychologist for providing similar services. |
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(b) The commission shall provide reimbursement under the |
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medical assistance program to a provider described by Section |
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32.027(m) who is selected by a recipient of medical assistance and |
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who provides counseling services covered under the medical |
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assistance program that the provider is authorized by law to |
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perform. The commission shall ensure that the provider is |
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reimbursed at a rate equal to 70 percent of the reimbursement rate |
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established for a licensed psychiatrist or licensed psychologist |
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for providing similar services. |
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(c) This section shall be liberally construed. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2021. |