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A BILL TO BE ENTITLED
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AN ACT
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relating to school-based health services, including the |
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administration of the school health and related services program |
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and the provision and Medicaid reimbursement of certain services to |
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certain public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.042 to read as follows: |
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Sec. 38.042. ON-CAMPUS MENTAL HEALTH OR BEHAVIORAL HEALTH |
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SERVICES. (a) A school district may contract with a local mental |
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health authority to provide mental health or behavioral health |
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services on a campus of the district. |
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(b) At the request of a student's parent or guardian, a |
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local mental health authority providing on-campus mental health or |
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behavioral health services that conducts a mental health or |
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behavioral health assessment of the student or provides mental |
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health or behavioral health services to the student shall provide |
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to the student's primary care physician the results of the |
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assessment conducted and, if applicable, the results of any |
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services provided. |
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SECTION 2. Subchapter B, Chapter 532, Government Code, as |
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effective April 1, 2025, is amended by adding Section 532.00551 to |
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read as follows: |
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Sec. 532.00551. SCHOOL HEALTH AND RELATED SERVICES PROGRAM: |
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INTEGRITY AND AUDIT FUNCTIONS. (a) The commission shall make every |
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effort to ensure the integrity of the school health and related |
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services program, including by: |
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(1) performing risk assessments of every element of |
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the program; |
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(2) annually performing desk audits of all local |
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education agencies participating in the program; |
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(3) performing in-depth audits of a sample of local |
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education agencies; |
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(4) ensuring compliance with all applicable federal |
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standards and guidance regarding the administration of random |
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moment time studies, coding, and cost claiming; |
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(5) considering information provided by the Texas |
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Education Agency on the agency's audits of local education agencies |
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that participate in the program; |
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(6) coordinating with the Texas Education Agency and |
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any relevant stakeholders or advisory bodies in the development of |
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training materials, policies, and technical assistance necessary |
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to ensure compliance with all applicable state and federal |
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requirements; and |
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(7) evaluating the program based on metrics developed |
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by the commission. |
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(b) The commission may contract with a third party with the |
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necessary expertise to comply with this section. |
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(c) At least once every five years, the commission's office |
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of inspector general shall evaluate the effectiveness of the |
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commission's efforts to ensure the integrity of the school health |
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and related services program. |
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SECTION 3. Subchapter C, Chapter 532, Government Code, as |
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effective April 1, 2025, is amended by adding Section 532.0104 to |
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read as follows: |
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Sec. 532.0104. RETENTION OF CERTAIN MONEY TO ADMINISTER |
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SCHOOL HEALTH AND RELATED SERVICES PROGRAM. (a) This section |
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applies only to federal money the commission receives to provide |
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the school health and related services program. |
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(b) Subject to Subsection (c), the commission may retain |
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from the money to which this section applies an amount equal to the |
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estimated costs necessary, as determined by the commission, to |
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administer the school health and related services program, |
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including costs associated with the development of training |
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materials, compliance monitoring, technical assistance, and audit |
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functions. |
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(c) The amount retained by the commission under this section |
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may not exceed two percent of the total amount received by the |
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commission during a state fiscal year. |
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SECTION 4. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Sections 32.0271 and 32.04245 to read as |
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follows: |
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Sec. 32.0271. REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED |
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TO MEDICAID-ENROLLED STUDENTS BY LOCAL EDUCATION AGENCIES. (a) In |
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this section, "local education agency" includes a school district |
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or open-enrollment charter school. |
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(b) This section applies only with respect to a child who is |
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enrolled in Medicaid and is eligible to receive services under the |
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school health and related services program, regardless of whether |
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the child has an individualized education program. |
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(c) The commission shall ensure that reimbursement under |
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the school health and related services program is provided to a |
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local education agency for all mental health and behavioral health |
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services covered under the program that are provided to a child |
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described by Subsection (b). |
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(d) The parent or legal guardian of a child to whom this |
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section applies must provide written consent for any services |
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provided to the child under this section. The parent or legal |
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guardian may revoke that consent at any time. |
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(e) A local education agency that provides mental health or |
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behavioral health services to a child under this section shall |
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provide a written summary of each of the child's service visits to: |
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(1) if the child is younger than 18 years of age, the |
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child's parent or legal guardian; and |
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(2) if the child's parent or legal guardian provides |
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consent, the child's primary care provider. |
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(f) This section does not require a local education agency |
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to enroll as a Medicaid provider. |
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Sec. 32.04245. SCHOOL HEALTH AND RELATED SERVICES PROGRAM: |
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THIRD-PARTY INSURERS. The commission may not provide reimbursement |
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under the school health and related services program to a |
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third-party health insurer for any service provided in order to |
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facilitate the coordination of benefits. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the Health and Human Services Commission shall seek any |
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necessary amendment to the state Medicaid plan or other appropriate |
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authorization from the Centers for Medicare and Medicaid Services |
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or other appropriate federal agency to implement Section 32.0271, |
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Human Resources Code, as added by this Act, and may delay |
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implementing that section until the amendment or other |
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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, 2025. |