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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility for and provision of benefits under |
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Medicaid or the child health plan program for certain individuals |
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committed, placed, or detained in certain facilities and settings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 531.02418, Government |
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Code, is amended to read as follows: |
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Sec. 531.02418. MEDICAID AND CHILD HEALTH PLAN PROGRAM |
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ELIGIBILITY DETERMINATIONS AND BENEFITS FOR CERTAIN INDIVIDUALS; |
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ANNUAL REPORT. |
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SECTION 2. Section 531.02418, Government Code, is amended |
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by amending Subsections (a) and (d) and adding Subsection (f) to |
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read as follows: |
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(a) Notwithstanding any other law and to the extent |
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permitted by federal law, the [The] commission shall enter into a |
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memorandum of understanding with the Texas Juvenile Justice |
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Department and the Department of Family and Protective Services to |
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ensure that each individual who is committed, placed, or detained |
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under Title 3, Family Code, is assessed by the commission for |
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eligibility for Medicaid, including the STAR Health managed care |
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program, and the child health plan program before that individual's |
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release from commitment, placement, or detention. Local juvenile |
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probation departments are subject to the requirements of the |
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memorandum. |
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(d) The memorandum of understanding required by Subsection |
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(a) must require [be tailored to achieve the goal of ensuring] that: |
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(1) an individual described by Subsection (a) who is |
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determined eligible by the commission for coverage under Medicaid, |
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including the STAR Health managed care program, or the child health |
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plan program: |
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(A) be [is] enrolled in the program for which the |
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individual is eligible; and |
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(B) [may] begin receiving services, including |
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telehealth and telemedicine medical services, through the program |
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as soon as possible after the eligibility determination is made; |
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(2) the Texas Juvenile Justice Department, using |
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available resources, assist the individual with accessing |
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telehealth services or telemedicine medical services, including |
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mental health and behavioral health services, through the program |
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in which the individual is enrolled; and |
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(3) the Texas Juvenile Justice Department, in |
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coordination with the commission and Department of Family and |
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Protective Services: |
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(A) create a release plan for an individual |
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described by Subsection (a) who is enrolled in Medicaid, including |
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under the STAR Health managed care program, or the child health plan |
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program to ensure the individual continues [, if possible, to |
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achieve the goal of ensuring that the individual may begin] |
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receiving [those] services under the applicable program on the date |
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of the individual's release from placement, detention, or |
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commitment; or |
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(B) if the department is unable to create a |
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release plan required under Paragraph (A), include documentation in |
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the individual's release order that describes: |
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(i) the reasons the department was unable |
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to create the plan; and |
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(ii) the anticipated impact on the |
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individual's continuity of care under the program. |
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(f) Not later than September 1 of each year, the Texas |
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Juvenile Justice Department shall prepare and submit a report to |
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the governor, lieutenant governor, and speaker of the house of |
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representatives that contains the following information: |
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(1) the number of individuals described by Subsection |
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(a) who were: |
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(A) determined eligible by the commission for |
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coverage under Medicaid or the child health plan program; and |
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(B) enrolled in a program under this section; |
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(2) the number of individuals described by Subdivision |
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(1)(B) who received services under the program in which the |
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individual was enrolled while the individual was committed, placed, |
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or detained under Title 3, Family Code; and |
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(3) if an individual described by Subdivision (1)(B) |
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did not receive services under the program in which the individual |
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was enrolled, an explanation regarding why the individual did not |
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receive services under the program. |
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SECTION 3. Section 32.0264, Human Resources Code, is |
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repealed. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Health and Human Services Commission, the Texas |
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Juvenile Justice Department, and the Department of Family and |
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Protective Services shall update the memorandum of understanding |
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required by Section 531.02418, Government Code, as amended by this |
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Act. |
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SECTION 5. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |