88R12033 JG-D
 
  By: Raymond H.B. No. 5265
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to Medicaid coverage and reimbursement for certain
  inpatient mental health services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.02465 to read as follows:
         Sec. 32.02465.  REIMBURSEMENT FOR CERTAIN INPATIENT MENTAL
  HEALTH SERVICES. (a) In this section, "inpatient mental health
  institution" means a hospital, nursing facility, or other
  institution with 16 or more beds that primarily provides health
  care services, including medical attention, nursing care, and
  related services, to individuals with a mental illness.
         (b)  The commission shall ensure that medical assistance
  reimbursement is provided to an inpatient mental health institution
  that provides health care services to a recipient under the medical
  assistance program.
         (c)  The executive commissioner by rule shall ensure that
  medical assistance reimbursement provided under this section
  includes reimbursement for:
               (1)  health care services provided to a recipient under
  the medical assistance program regardless of the recipient's age;
  and
               (2)  the entirety of a recipient's stay at an inpatient
  mental health institution during which the institution provided
  those services.
         SECTION 2.  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 3.  This Act takes effect September 1, 2023.