79R7701 KLA-D

By:  Guillen                                                      H.B. No. 2606


A BILL TO BE ENTITLED
AN ACT
relating to expanding mental health services provided under the medical assistance and children's health insurance programs and other health and human services programs. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 531.073, Government Code, is amended by adding Subsection (g) to read as follows: (g) The commission shall ensure that, notwithstanding any applicable prior authorization requirement and regardless of cost, a person who is an enrollee in the child health plan program or who is a recipient under the Medicaid vendor drug program or any other state program that requires prior authorization under this section is authorized to receive a psychotropic medication prescribed for the person to treat a mental illness or condition if the medication is the most effective medication available to treat the illness or condition. SECTION 2. Section 62.151(b), Health and Safety Code, is amended to read as follows: (b) In developing the covered benefits, the commission shall consider the health care needs of healthy children and children with special health care needs. The child health plan must provide at least the mental health services that were covered benefits under the child health plan during the state fiscal biennium ending August 31, 2003. SECTION 3. The heading to Section 62.154, Health and Safety Code, is amended to read as follows: Sec. 62.154. [WAITING PERIOD;] CROWD OUT. SECTION 4. Section 62.154(a), Health and Safety Code, is amended to read as follows: (a) [To the extent permitted under Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended, and any other applicable law or regulations, the child health plan must include a waiting period.] The child health plan may include copayments and other provisions intended to discourage: (1) employers and other persons from electing to discontinue offering coverage for children under employee or other group health benefit plans; and (2) individuals with access to adequate health benefit plan coverage, other than coverage under the child health plan, from electing not to obtain or to discontinue that coverage for a child. SECTION 5. Section 531.001(f), Health and Safety Code, is amended to read as follows: (f) It is the public policy of this state to offer services first to those persons who are most in need. Therefore, funds appropriated by the legislature for mental health and mental retardation services may be spent only to provide services to the priority populations identified in the department's long-range plan. The department shall use criteria for identifying priority populations that are based on urgency of a person's need for services. The criteria may not be based solely on a person's diagnosis. SECTION 6. Section 32.024, Human Resources Code, is amended by adding Subsection (bb) to read as follows: (bb) The department shall ensure that optional mental health services for adult recipients under the medical assistance program are funded and provided at or above the level for which those services were funded and provided during the state fiscal biennium ending August 31, 2003. SECTION 7. Section 32.027, Human Resources Code, is amended by adding Subsection (e-1) to read as follows: (e-1) The department shall assure that a recipient of medical assistance under this chapter may select a licensed psychologist or a licensed marriage and family therapist, as defined by Section 502.002, Occupations Code, to perform any health care service or procedure covered under the medical assistance program if the selected psychologist or marriage and family therapist is authorized by law to perform the service or procedure. This subsection shall be liberally construed. SECTION 8. It is the intent of the legislature that, for the state fiscal biennium beginning September 1, 2005, the legislature appropriate in the General Appropriations Act: (1) for the first year of that biennium, an amount to the Health and Human Services Commission and the health and human services agencies for providing mental health services under health and human services programs that is equal to the sum of: (A) the amounts appropriated to the Health and Human Services Commission and the health and human services agencies for those services for the state fiscal year ending August 31, 2005, plus $50 million; and (B) five percent of the amount described by Paragraph (A) of this subdivision; and (2) for the second year of that biennium, an amount equal to the sum of: (A) the amount determined under Subdivision (1) of this section; and (B) five percent of the amount described by Paragraph (A) of this subdivision. SECTION 9. The following are repealed: (1) Sections 62.154(b), (c), and (d), Health and Safety Code; and (2) Section 32.027(e), Human Resources Code, as repealed by Chapter 198, Acts of the 78th Legislature, Regular Session, 2003, and amended by Chapter 1251, Acts of the 78th Legislature, Regular Session, 2003. SECTION 10. 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 11. This Act takes effect September 1, 2005.