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A BILL TO BE ENTITLED
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AN ACT
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relating to the reimbursement under Medicaid of local educational |
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agencies for the provision of health care services to students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0271 to read as follows: |
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Sec. 32.0271. REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED |
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TO MEDICAID-ELIGIBLE STUDENTS BY LOCAL EDUCATIONAL AGENCIES. (a) |
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In this section, "local educational agency" includes a school |
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district or open-enrollment charter school. |
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(b) The commission shall ensure that Medicaid reimbursement |
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is provided to a local educational agency for all health care |
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services covered under Medicaid, including behavioral health |
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services and nursing services, that are provided to students |
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eligible for Medicaid through the agency by a health professional, |
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if: |
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(1) the agency is an authorized health care provider |
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under Medicaid; and |
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(2) the parent or legal guardian of the student |
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provides consent before the service is provided. |
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(c) To the extent permitted by federal law, the commission |
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shall ensure a local educational agency receives Medicaid |
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reimbursement under Subsection (b) regardless of whether: |
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(1) the service is included in a student's |
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individualized education plan or individualized family service |
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plan; and |
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(2) the health professional providing the service is |
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the recipient's primary care provider. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Health and Human Services Commission shall seek an |
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amendment to the state Medicaid plan or other appropriate |
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authorization from the Centers for Medicare and Medicaid Services |
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or other appropriate federal agency necessary to implement Section |
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32.0271, Human Resources Code, as added by this Act, and may delay |
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implementing that section until the amendment or other |
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authorization is granted. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |