88R2856 KKR-D
 
  By: Bucy H.B. No. 2773
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reimbursement under Medicaid of local educational
  agencies for the provision of health care services to students.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
  is amended by adding Section 32.0271 to read as follows:
         Sec. 32.0271.  REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED
  TO MEDICAID-ELIGIBLE STUDENTS BY LOCAL EDUCATIONAL AGENCIES. (a)
  In this section, "local educational agency" includes a school
  district or open-enrollment charter school.
         (b)  The commission shall ensure that Medicaid reimbursement
  is provided to a local educational agency for all health care
  services covered under Medicaid, including behavioral health
  services and nursing services, that are provided to students
  eligible for Medicaid through the agency by a health professional,
  if:
               (1)  the agency is an authorized health care provider
  under Medicaid; and
               (2)  the parent or legal guardian of the student
  provides consent before the service is provided.
         (c)  To the extent permitted by federal law, the commission
  shall ensure a local educational agency receives Medicaid
  reimbursement under Subsection (b) regardless of whether:
               (1)  the service is included in a student's
  individualized education plan or individualized family service
  plan; and
               (2)  the health professional providing the service is
  the recipient's primary care provider.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Health and Human Services Commission shall seek an
  amendment to the state Medicaid plan or other appropriate
  authorization from the Centers for Medicare and Medicaid Services
  or other appropriate federal agency necessary to implement Section
  32.0271, Human Resources Code, as added by this Act, and may delay
  implementing that section until the amendment or other
  authorization is granted.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.