bill checking every youth for Medicaid or CHIP before release

The text as introduced · 797 words

89R5958 LRM-F

By: Howard
H.B. No. 4121

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 545.0101, Government

Code, as effective April 1, 2025, is amended to read as follows:

Sec. 545.0101. MEMORANDUM OF UNDERSTANDING REGARDING

MEDICAID AND CHILD HEALTH PLAN PROGRAM ELIGIBILITY DETERMINATIONS

AND BENEFITS FOR CERTAIN CHILDREN ; ANNUAL REPORT .

SECTION 2. Section 545.0101, Government Code, as effective

April 1, 2025, is amended by amending Subsections (a) and (c) and

adding Subsection (e) 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 the commission assesses each individual who is

committed, placed, or detained under Title 3, Family Code, for

Medicaid , including the STAR Health managed care program, and child

health plan program eligibility before that individual's release

from commitment, placement, or detention. A local juvenile

probation department is subject to the requirements of the

memorandum.

(c) The memorandum of understanding must require that [ be

tailored to ]:

(1) [ achieve the goal of ensuring that ] an individual

described by Subsection (a) who the commission determines is

eligible for 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 services and telemedicine medical services, through the

program as soon as possible after the eligibility determination is

made; [ and ]

(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, achieve

the goal of ensuring that the individual may begin ] receiving

services through the applicable program on the date of the

individual's release from commitment, placement, or detention ; 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 .

(e) 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 545.0101, 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, 2025.