88R10190 BDP-F
 
  By: Howard, Garcia, Thompson of Harris, H.B. No. 4366
      et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [The] commission shall enter into a
  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 [be tailored to achieve the goal of ensuring] that:
               (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 [is] enrolled in the program for which the
  individual is eligible; and
                     (B)  [may] begin receiving services, including
  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 [, if possible, to
  achieve the goal of ensuring that the individual may begin]
  receiving [those] services under the applicable program on the date
  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.