Moody Bill Has Medicaid Pay Schools For Student Mental Health

The text as introduced · 967 words

89R4866 LRM-D

By: Moody
H.B. No. 2129

A BILL TO BE ENTITLED

AN ACT

relating to school-based health services, including the

administration of the school health and related services program

and the provision and Medicaid reimbursement of certain services to

certain public school students.

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

SECTION 1. Subchapter A, Chapter 38, Education Code, is

amended by adding Section 38.042 to read as follows:

Sec. 38.042. ON-CAMPUS MENTAL HEALTH OR BEHAVIORAL HEALTH

SERVICES. (a) A school district may contract with a local mental

health authority to provide mental health or behavioral health

services on a campus of the district.

(b) At the request of a student's parent or guardian, a

local mental health authority providing on-campus mental health or

behavioral health services that conducts a mental health or

behavioral health assessment of the student or provides mental

health or behavioral health services to the student shall provide

to the student's primary care physician the results of the

assessment conducted and, if applicable, the results of any

services provided.

SECTION 2. Subchapter B, Chapter 532, Government Code, as

effective April 1, 2025, is amended by adding Section 532.00551 to

read as follows:

Sec. 532.00551. SCHOOL HEALTH AND RELATED SERVICES PROGRAM:

INTEGRITY AND AUDIT FUNCTIONS. (a) The commission shall make every

effort to ensure the integrity of the school health and related

services program, including by:

(1) performing risk assessments of every element of

the program;

(2) annually performing desk audits of all local

education agencies participating in the program;

(3) performing in-depth audits of a sample of local

education agencies;

(4) ensuring compliance with all applicable federal

standards and guidance regarding the administration of random

moment time studies, coding, and cost claiming;

(5) considering information provided by the Texas

Education Agency on the agency's audits of local education agencies

that participate in the program;

(6) coordinating with the Texas Education Agency and

any relevant stakeholders or advisory bodies in the development of

training materials, policies, and technical assistance necessary

to ensure compliance with all applicable state and federal

requirements; and

(7) evaluating the program based on metrics developed

by the commission.

(b) The commission may contract with a third party with the

necessary expertise to comply with this section.

(c) At least once every five years, the commission's office

of inspector general shall evaluate the effectiveness of the

commission's efforts to ensure the integrity of the school health

and related services program.

SECTION 3. Subchapter C, Chapter 532, Government Code, as

effective April 1, 2025, is amended by adding Section 532.0104 to

read as follows:

Sec. 532.0104. RETENTION OF CERTAIN MONEY TO ADMINISTER

SCHOOL HEALTH AND RELATED SERVICES PROGRAM. (a) This section

applies only to federal money the commission receives to provide

the school health and related services program.

(b) Subject to Subsection (c), the commission may retain

from the money to which this section applies an amount equal to the

estimated costs necessary, as determined by the commission, to

administer the school health and related services program,

including costs associated with the development of training

materials, compliance monitoring, technical assistance, and audit

functions.

(c) The amount retained by the commission under this section

may not exceed two percent of the total amount received by the

commission during a state fiscal year.

SECTION 4. Subchapter B, Chapter 32, Human Resources Code,

is amended by adding Sections 32.0271 and 32.04245 to read as

follows:

Sec. 32.0271. REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED

TO MEDICAID-ENROLLED STUDENTS BY LOCAL EDUCATION AGENCIES. (a) In

this section, "local education agency" includes a school district

or open-enrollment charter school.

(b) This section applies only with respect to a child who is

enrolled in Medicaid and is eligible to receive services under the

school health and related services program, regardless of whether

the child has an individualized education program.

(c) The commission shall ensure that reimbursement under

the school health and related services program is provided to a

local education agency for all mental health and behavioral health

services covered under the program that are provided to a child

described by Subsection (b).

(d) The parent or legal guardian of a child to whom this

section applies must provide written consent for any services

provided to the child under this section. The parent or legal

guardian may revoke that consent at any time.

(e) A local education agency that provides mental health or

behavioral health services to a child under this section shall

provide a written summary of each of the child's service visits to:

(1) if the child is younger than 18 years of age, the

child's parent or legal guardian; and

(2) if the child's parent or legal guardian provides

consent, the child's primary care provider.

(f) This section does not require a local education agency

to enroll as a Medicaid provider.

Sec. 32.04245. SCHOOL HEALTH AND RELATED SERVICES PROGRAM:

THIRD-PARTY INSURERS. The commission may not provide reimbursement

under the school health and related services program to a

third-party health insurer for any service provided in order to

facilitate the coordination of benefits.

SECTION 5. As soon as practicable after the effective date

of this Act, the Health and Human Services Commission shall seek any

necessary amendment to the state Medicaid plan or other appropriate

authorization from the Centers for Medicare and Medicaid Services

or other appropriate federal agency to implement Section 32.0271,

Human Resources Code, as added by this Act, and may delay

implementing that section until the amendment or other

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, 2025.