bill letting Medicaid patients pick more counselors

The text as introduced · 586 words

89R386 KKR-D

By: Miles
S.B. No. 2088

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 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) The commission shall provide reimbursement under

the medical assistance program to a provider described by Section

32.027(l) who is a licensed marriage and family therapist, licensed

professional counselor, or licensed clinical social worker, is

selected by a recipient of medical assistance, and provides

counseling services 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 the

reimbursement rate established for a licensed psychiatrist or

licensed psychologist for providing similar services.

(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 counseling services 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 70 percent of the reimbursement rate

established for a licensed psychiatrist or licensed psychologist

for providing similar services.

(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.