bill letting Medicaid patients see associate-level counselors

The text as introduced · 568 words

89R493 KKR-F

By: Darby
H.B. No. 1716

A BILL TO BE ENTITLED

AN ACT

relating to the provision of counseling services by certain

providers under Medicaid and reimbursement for those services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 32.027, Human Resources Code, is amended

by amending Subsection (l) and adding Subsection (m) to read as

follows:

(l) Subject to appropriations, the commission shall assure

that a recipient of medical assistance under this chapter may

select a licensed psychologist, a licensed marriage and family

therapist, as defined by Section 502.002, Occupations Code, a

licensed professional counselor, as defined by Section 503.002,

Occupations Code, or a licensed clinical [ master ] social worker, as

defined by Section 505.002, Occupations Code, to perform any health

care service or procedure covered under the medical assistance

program if the selected person is authorized by law to perform the

service or procedure. This subsection shall be liberally

construed.

(m) The commission shall assure that a recipient of medical

assistance under this chapter may select the following to perform

any health care service or procedure covered under the medical

assistance program, including a service or procedure performed at a

federally qualified health center as defined by 42 U.S.C. Section

1396d(l)(2)(B), if the selected person is licensed and authorized

by law to perform the service or procedure:

(1) a licensed marriage and family therapist

associate, as defined by Section 502.002, Occupations Code, who is

working toward fulfilling the supervised practice requirements to

be licensed as a licensed marriage and family therapist, as defined

by that section;

(2) a licensed master social worker, as defined by

Section 505.002, Occupations Code, who is actively pursuing the

education and training required to be licensed as a licensed

clinical social worker, as defined by that section; or

(3) a licensed professional counselor associate, as

described by 22 T.A.C. Chapter 681, who is working toward

fulfilling the supervised practice requirements to be licensed as a

licensed professional counselor, as defined by Section 503.002,

Occupations Code.

SECTION 2. Subchapter B, Chapter 32, Human Resources Code,

is amended by adding Section 32.079 to read as follows:

Sec. 32.079. REIMBURSEMENT FOR CERTAIN COUNSELING

SERVICES. (a) Subject to Subsection (b), the commission shall

provide reimbursement under the medical assistance program to a

provider described by Section 32.027(m) who is selected by a

recipient of medical assistance and who provides a service or

procedure covered under the medical assistance program that the

provider is authorized by law to perform. The commission shall

ensure that the provider is reimbursed at a rate equal to 50 percent

of the reimbursement rate established for a licensed psychiatrist

or licensed psychologist for providing similar services.

(b) The commission shall ensure that reimbursement provided

to a provider under Subsection (a) is limited to not more than 3,000

hours or, if applicable, the number of hours of clinical practice or

other experience the provider is required to complete to qualify

for the applicable license.

(c) This section shall be liberally construed.

SECTION 3. 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 4. This Act takes effect September 1, 2025.