86R17695 JES-D
 
  By: Bernal, Ortega H.B. No. 706
 
  Substitute the following for H.B. No. 706:
 
  By:  Ortega C.S.H.B. No. 706
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the eligibility of certain children who are deaf or hard
  of hearing for audiology services under the school health and
  related services program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.033 to read as follows:
         Sec. 38.033.  SCHOOL HEALTH AND RELATED SERVICES PROGRAM;
  ELIGIBILITY FOR AUDIOLOGY SERVICES. (a)  A child is eligible to
  receive audiology services provided under the school health and
  related services program if the child:
               (1)  is 20 years of age or younger;
               (2)  has a disability or chronic medical condition;
               (3)  is eligible for Medicaid benefits; and
               (4)  has been prescribed the services under:
                     (A)  an individualized education program created
  under the Individuals with Disabilities Education Act (20 U.S.C.
  Section 1400 et seq.); or
                     (B)  a plan created under Section 504,
  Rehabilitation Act of 1973 (29 U.S.C. Section 794).
         (b)  The Health and Human Services Commission shall provide
  reimbursement to a provider under the school health and related
  services program for audiology services provided to a child who is
  eligible for the services under Subsection (a).
         (c)  The executive commissioner of the Health and Human
  Services Commission, in consultation with the agency, shall adopt
  rules necessary to implement this section.
         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, 2019.