88R1510 MM-F
 
  By: Noble H.B. No. 793
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the selection and reimbursement of certain persons
  providing services required under a service plan filed by the
  Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 263, Family Code, is
  amended by adding Section 263.1021 to read as follows:
         Sec. 263.1021.  SELECTION AND REIMBURSEMENT OF SERVICE
  PROVIDER. (a)  A parent who is required to complete a service plan
  under this subchapter may obtain services from a qualified or
  licensed provider selected by the parent.
         (b)  Services obtained from a provider selected under
  Subsection (a):
               (1)  must be:
                     (A)  designed to achieve the stated goals of the
  service plan; and
                     (B)  provided using an evidence-based program or
  practice or a promising program or practice; and
               (2)  may be provided through an electronic
  communication platform.
         (c)  A service provider selected by a parent shall certify in
  writing whether the parent has satisfactorily completed the
  required service.
         (d)  The department shall reimburse a service provider
  selected by the parent under Subsection (a) who is not under
  contract with the department in an amount equal to the average cost
  for the specific service from department contractors providing the
  service in the region where the parent resides. 
         (e)  The department shall adopt rules relating to the manner
  in which providers are reimbursed for services provided under this
  section.
         (f)  Not later than December 1, 2023, the department shall
  adopt the rules required by Subsection (e). The department shall
  convene a work group to assist the department in developing the
  rules. This subsection expires September 1, 2024.
         SECTION 2.  The changes in law made by this Act apply only to
  a suit filed by the Department of Family and Protective Services on
  or after the effective date of this Act.  A suit filed by the
  department before that date is governed by the law in effect on the
  date the suit was filed, and the former law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.