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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of applied behavior analysis and |
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associated services through telecommunications or information |
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technology under certain public benefits programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 531.02161(b), Government Code, is |
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amended to read as follows: |
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(b) To the extent permitted by federal law and to the extent |
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it is cost-effective and clinically effective, as determined by the |
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commission, the commission shall ensure that Medicaid recipients, |
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child health plan program enrollees, and other individuals |
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receiving benefits under a public benefits program administered by |
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the commission or a health and human services agency, regardless of |
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whether receiving benefits through a managed care delivery model or |
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another delivery model, have the option to receive services as |
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telemedicine medical services, telehealth services, or otherwise |
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using telecommunications or information technology, including the |
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following services: |
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(1) preventive health and wellness services; |
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(2) case management services, including targeted case |
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management services; |
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(3) subject to Subsection (c), behavioral health |
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services; |
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(4) occupational, physical, and speech therapy |
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services; |
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(5) applied behavior analysis and associated |
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evaluation services; |
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(6) nutritional counseling services; and |
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(7) [(6)] assessment services, including nursing |
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assessments under the following Section 1915(c) waiver programs: |
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(A) the community living assistance and support |
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services (CLASS) waiver program; |
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(B) the deaf-blind with multiple disabilities |
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(DBMD) waiver program; |
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(C) the home and community-based services (HCS) |
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waiver program; and |
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(D) the Texas home living (TxHmL) waiver program. |
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SECTION 2. 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 3. This Act takes effect September 1, 2023. |