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.