88R10190 BDP-F | ||
By: Howard, Garcia, Thompson of Harris, | H.B. No. 4366 | |
et al. |
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relating to the eligibility for and provision of benefits under | ||
Medicaid or the child health plan program for certain individuals | ||
committed, placed, or detained in certain facilities and settings. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Section 531.02418, Government | ||
Code, is amended to read as follows: | ||
Sec. 531.02418. MEDICAID AND CHILD HEALTH PLAN PROGRAM | ||
ELIGIBILITY DETERMINATIONS AND BENEFITS FOR CERTAIN INDIVIDUALS; | ||
ANNUAL REPORT. | ||
SECTION 2. Section 531.02418, Government Code, is amended | ||
by amending Subsections (a) and (d) and adding Subsection (f) to | ||
read as follows: | ||
(a) Notwithstanding any other law and to the extent | ||
permitted by federal law, the [ |
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memorandum of understanding with the Texas Juvenile Justice | ||
Department and the Department of Family and Protective Services to | ||
ensure that each individual who is committed, placed, or detained | ||
under Title 3, Family Code, is assessed by the commission for | ||
eligibility for Medicaid, including the STAR Health managed care | ||
program, and the child health plan program before that individual's | ||
release from commitment, placement, or detention. Local juvenile | ||
probation departments are subject to the requirements of the | ||
memorandum. | ||
(d) The memorandum of understanding required by Subsection | ||
(a) must require [ |
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(1) an individual described by Subsection (a) who is | ||
determined eligible by the commission for coverage under Medicaid, | ||
including the STAR Health managed care program, or the child health | ||
plan program: | ||
(A) be [ |
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individual is eligible; and | ||
(B) [ |
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telehealth and telemedicine medical services, through the program | ||
as soon as possible after the eligibility determination is made; | ||
(2) the Texas Juvenile Justice Department, using | ||
available resources, assist the individual with accessing | ||
telehealth services or telemedicine medical services, including | ||
mental health and behavioral health services, through the program | ||
in which the individual is enrolled; and | ||
(3) the Texas Juvenile Justice Department, in | ||
coordination with the commission and Department of Family and | ||
Protective Services: | ||
(A) create a release plan for an individual | ||
described by Subsection (a) who is enrolled in Medicaid, including | ||
under the STAR Health managed care program, or the child health plan | ||
program to ensure the individual continues [ |
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receiving [ |
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of the individual's release from placement, detention, or | ||
commitment; or | ||
(B) if the department is unable to create a | ||
release plan required under Paragraph (A), include documentation in | ||
the individual's release order that describes: | ||
(i) the reasons the department was unable | ||
to create the plan; and | ||
(ii) the anticipated impact on the | ||
individual's continuity of care under the program. | ||
(f) Not later than September 1 of each year, the Texas | ||
Juvenile Justice Department shall prepare and submit a report to | ||
the governor, lieutenant governor, and speaker of the house of | ||
representatives that contains the following information: | ||
(1) the number of individuals described by Subsection | ||
(a) who were: | ||
(A) determined eligible by the commission for | ||
coverage under Medicaid or the child health plan program; and | ||
(B) enrolled in a program under this section; | ||
(2) the number of individuals described by Subdivision | ||
(1)(B) who received services under the program in which the | ||
individual was enrolled while the individual was committed, placed, | ||
or detained under Title 3, Family Code; and | ||
(3) if an individual described by Subdivision (1)(B) | ||
did not receive services under the program in which the individual | ||
was enrolled, an explanation regarding why the individual did not | ||
receive services under the program. | ||
SECTION 3. Section 32.0264, Human Resources Code, is | ||
repealed. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act, the Health and Human Services Commission, the Texas | ||
Juvenile Justice Department, and the Department of Family and | ||
Protective Services shall update the memorandum of understanding | ||
required by Section 531.02418, Government Code, as amended by this | ||
Act. | ||
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 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. |