By: Miles S.B. No. 2021
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to providing access to local health departments and
  certain health service regional offices under the Medicaid managed
  care program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 533.001, Government Code, is amended by
  adding Subdivisions (3-a) and (3-b) to read as follows:
               (3-a)  "Health service regional office" means an office
  located in a public health region and administered by a regional
  director under Section 121.007, Health and Safety Code.
               (3-b)  "Local health department" means a local health
  department established under Subchapter D, Chapter 121, Health and
  Safety Code.
         SECTION 2.  Section 533.006(a), Government Code, is amended
  to read as follows:
         (a)  The commission shall require that each managed care
  organization that contracts with the commission to provide health
  care services to recipients in a region:
               (1)  seek participation in the organization's provider
  network from:
                     (A)  each health care provider in the region who
  has traditionally provided care to recipients;
                     (B)  each hospital in the region that has been
  designated as a disproportionate share hospital under Medicaid;
  [and]
                     (C)  each specialized pediatric laboratory in the
  region, including those laboratories located in children's
  hospitals; and
                     (D)  each local health department in the region
  and each health service regional office acting in the capacity of a
  local health department in the region; and
               (2)  include in its provider network for not less than
  three years:
                     (A)  each health care provider in the region who:
                           (i)  previously provided care to Medicaid
  and charity care recipients at a significant level as prescribed by
  the commission;
                           (ii)  agrees to accept the prevailing
  provider contract rate of the managed care organization; and
                           (iii)  has the credentials required by the
  managed care organization, provided that lack of board
  certification or accreditation by The Joint Commission may not be
  the sole ground for exclusion from the provider network;
                     (B)  each accredited primary care residency
  program in the region; [and]
                     (C)  each disproportionate share hospital
  designated by the commission as a statewide significant traditional
  provider; and
                     (D)  each local health department in the region
  and each health service regional office acting in the capacity of a
  local health department in the region.
         SECTION 3.  (a)  The Health and Human Services Commission
  shall, in a contract between the commission and a managed care
  organization under Chapter 533, Government Code, that is entered
  into or renewed on or after the effective date of this Act, require
  that the managed care organization comply with Section 533.006,
  Government Code, as amended by this Act.
         (b)  The Health and Human Services Commission shall seek to
  amend contracts entered into with managed care organizations under
  Chapter 533, Government Code, before the effective date of this Act
  to require those managed care organizations to comply with Section
  533.006, Government Code, as amended by this Act. To the extent of
  a conflict between that section and a provision of a contract with a
  managed care organization entered into before the effective date of
  this Act, the contract provision prevails.
         SECTION 4.  The Health and Human Services Commission is
  required to implement a provision of this Act only if the
  legislature appropriates money to the commission specifically for
  that purpose. If the legislature does not appropriate money
  specifically for that purpose, the commission may, but is not
  required to, implement a provision of this Act using other
  appropriations that are available for that purpose.
         SECTION 5.  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 6.  This Act takes effect September 1, 2020.