| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to provision of behavioral health services under Medicaid |
|
|
using audio-only technology and to reimbursement for those |
|
|
services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 531, Government Code, is |
|
|
amended by adding Section 531.02172 to read as follows: |
|
|
Sec. 531.02172. OPTION TO RECEIVE BEHAVIORAL HEALTH |
|
|
SERVICES AS AUDIO-ONLY TELEHEALTH OR TELEMEDICINE MEDICAL SERVICE. |
|
|
(a) To the extent permitted by federal law, the commission shall |
|
|
ensure that Medicaid recipients and child health plan program |
|
|
enrollees, regardless of whether receiving benefits through a |
|
|
managed care delivery model or another delivery model, have the |
|
|
option to receive behavioral health services as a telehealth |
|
|
service or telemedicine medical service, as appropriate, using |
|
|
audio-only technology if the provider determines that the use of |
|
|
audio-only technology is clinically appropriate and meets the |
|
|
standard of care for providing the services. |
|
|
(b) The commission or a Medicaid managed care organization |
|
|
shall defer to the determination of the behavioral health service |
|
|
provider regarding whether the provision of behavioral health |
|
|
services using audio-only technology is clinically appropriate. |
|
|
(c) The commission shall ensure that behavioral health |
|
|
services provided as a telehealth service using audio-only |
|
|
technology are reimbursed at the same rate as Medicaid reimburses |
|
|
for the same in-person service. |
|
|
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, 2021. |