86R4686 JES-F
 
  By: Watson S.B. No. 344
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the participation of campus-based mental health
  professionals in certain health benefit plans.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 843.010, Insurance Code, is amended to
  read as follows:
         Sec. 843.010.  APPLICABILITY OF CERTAIN PROVISIONS TO
  GOVERNMENTAL HEALTH BENEFIT PLANS.  (a)  Sections 843.306(f) and
  843.363(a)(4) do not apply to coverage under:
               (1)  the child health plan program under Chapter 62,
  Health and Safety Code, or the health benefits plan for children
  under Chapter 63, Health and Safety Code; or
               (2)  a Medicaid program, including a Medicaid managed
  care program operated under Chapter 533, Government Code.
         (b)  Section 843.3046 applies to:
               (1)  a basic coverage plan under Chapter 1551;
               (2)  a basic plan under Chapter 1575;
               (3)  a primary care coverage plan under Chapter 1579;
               (4)  a plan providing basic coverage under Chapter
  1601;
               (5)  the Medicaid managed care program operated under
  Chapter 533, Government Code; and
               (6)  the child health plan program under Chapter 62,
  Health and Safety Code.
         SECTION 2.  Subchapter I, Chapter 843, Insurance Code, is
  amended by adding Section 843.3046 to read as follows:
         Sec. 843.3046.  CAMPUS-BASED MENTAL HEALTH PROFESSIONALS.
  (a)  In this section:
               (1)  "Campus-based mental health professional" means a
  licensed clinical social worker, professional counselor,
  psychological associate, or psychologist who provides mental
  health care services primarily or exclusively at a campus of a
  school district or an open-enrollment charter school.
               (2)  "Open-enrollment charter school" means a school
  that has been granted a charter under Subchapter D, Chapter 12,
  Education Code.
               (3)  "School district" means a public school district
  created under the laws of this state.
         (b)  If a health maintenance organization includes mental
  health care services in the services covered by the health
  maintenance organization's health care plan, the health
  maintenance organization may not reject the initial application of
  a campus-based mental health professional to contract with the
  health maintenance organization to provide mental health care
  services on behalf of the health maintenance organization based on
  a determination that the health maintenance organization has
  contracted with sufficient qualified mental health care providers
  in the applicant's geographic area.
         (c)  A campus-based mental health professional who applies
  to a health maintenance organization to contract with the health
  maintenance organization to provide mental health care services on
  behalf of the health maintenance organization is entitled to an
  expedited decision on the application.
         SECTION 3.  Subchapter C, Chapter 848, Insurance Code, is
  amended by adding Section 848.111 to read as follows:
         Sec. 848.111.  CAMPUS-BASED MENTAL HEALTH PROFESSIONALS.
  (a)  In this section:
               (1)  "Campus-based mental health professional" means a
  licensed clinical social worker, professional counselor,
  psychological associate, or psychologist who provides mental
  health care services primarily or exclusively at a campus of a
  school district or an open-enrollment charter school.
               (2)  "Open-enrollment charter school" means a school
  that has been granted a charter under Subchapter D, Chapter 12,
  Education Code.
               (3)  "School district" means a public school district
  created under the laws of this state.
         (b)  If a health care collaborative includes mental health
  care services in the services covered by the health care
  collaborative's health care plan, the health care collaborative may
  not reject the initial application of a campus-based mental health
  professional to contract with the health care collaborative to
  provide mental health care services as part of the health care
  collaborative's delivery network based on a determination that the
  health care collaborative has contracted with sufficient qualified
  mental health care providers in the applicant's geographic area.
         (c)  A campus-based mental health professional who applies
  to a health care collaborative for inclusion in the health care
  collaborative's delivery network is entitled to an expedited
  decision on the application.
         SECTION 4.  Subchapter B, Chapter 1301, Insurance Code, is
  amended by adding Section 1301.0516 to read as follows:
         Sec. 1301.0516.  CERTAIN CAMPUS-BASED MENTAL HEALTH
  SERVICES. (a) In this section:
               (1)  "Campus-based mental health professional" means a
  licensed clinical social worker, professional counselor,
  psychological associate, or psychologist who provides mental
  health care services primarily or exclusively at a campus of a
  school district or an open-enrollment charter school.
               (2)  "Open-enrollment charter school" means a school
  that has been granted a charter under Subchapter D, Chapter 12,
  Education Code.
               (3)  "School district" means a public school district
  created under the laws of this state.
         (b)  Notwithstanding any other law, this section applies to:
               (1)  a basic coverage plan under Chapter 1551;
               (2)  a basic plan under Chapter 1575;
               (3)  a primary care coverage plan under Chapter 1579;
  and
               (4)  a plan providing basic coverage under Chapter
  1601.
         (c)  If an insurer offers a preferred provider benefit plan
  that includes mental health care services in the services covered
  by the plan, the insurer may not reject the initial application of a
  campus-based mental health professional to contract for
  designation as a preferred provider under the plan based on a
  determination that the insurer has contracted with sufficient
  qualified mental health care providers in the applicant's
  geographic area.
         (d)  A campus-based mental health professional who applies
  to an insurer for designation as a preferred provider is entitled to
  an expedited decision on the application.
         SECTION 5.  (a)  Section 843.3046, Insurance Code, as added
  by this Act, applies only to an application to contract with a
  health maintenance organization submitted on or after the effective
  date of this Act.
         (b)  Section 848.111, Insurance Code, as added by this Act,
  applies only to an application to contract with a health care
  collaborative submitted on or after the effective date of this Act.
         (c)  Section 1301.0516, Insurance Code, as added by this Act,
  applies only to an application to contract with an insurer
  submitted on or after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2019.