Cook Bill Requires A License To Help Sick Kids Cope

The text as introduced · 1,342 words

89R15860 BEE/KKR/SCF-D

By: Cook, Johnson, Zaffirini
S.B. No. 2886

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of child life services and the coverage

of child life services under Medicaid and health benefit plans;

requiring an occupational license; authorizing a fee.

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

SECTION 1. Subtitle I, Title 3, Occupations Code, is

amended by adding Chapter 508 to read as follows:

CHAPTER 508. CHILD LIFE SERVICES

Sec. 508.001. DEFINITIONS. In this chapter:

(1) "Child life services" means the psychosocial

support provided to pediatric patients and to the children of

seriously ill adult patients by helping improve a child's coping

skills, aiding in the development of holistic pain management and

other symptom management strategies, and improving the overall

patient experience.

(2) "Child life specialist" means an individual

licensed under this chapter to provide child life services.

(3) "Commissioner" means the commissioner of state

health services.

(4) "Department" means the Department of State Health

Services.

(5) "Executive commissioner" means the executive

commissioner of the Health and Human Services Commission.

Sec. 508.002. LICENSE REQUIRED. A person may not offer or

provide child life services unless the person holds a child life

specialist license issued under this chapter.

Sec. 508.003. LICENSE APPLICATION AND ISSUANCE; FEE. (a)

An applicant for a license under this chapter shall submit to the

executive commissioner, in the form and manner prescribed by rule

by the executive commissioner, an application for a license to

provide child life services under this chapter.

(b) The executive commissioner by rule shall set the amount

of an application fee.

(c) The department shall issue a license under this chapter

to a person who:

(1) is at least 18 years of age; and

(2) submits:

(A) a completed application under Subsection

(a);

(B) the fee required under Section 508.004; and

(C) any other information the executive

commissioner requires by rule.

Sec. 508.004. LICENSE FEE. The fee for a license under this

chapter is $120.

Sec. 508.005. LICENSE TERM. The executive commissioner by

rule shall establish the term of a license issued under this

chapter.

Sec. 508.006. PRACTICE SETTING AND CLIENT POPULATION

CERTIFICATIONS; FEES. (a) Subject to Subsection (b), the

department may issue to the holder of a license issued under this

chapter a certification for the practice of child life services in a

practice setting or with a client population not authorized by a

license issued under this chapter. A certification issued under

this section expires at the same time as the license held by the

certification holder.

(b) The holder of a license issued under this chapter is

eligible for a certification if the license holder:

(1) submits:

(A) the fee required under this section; and

(B) any other information the executive

commissioner requires by rule; and

(2) satisfies eligibility requirements the executive

commissioner establishes by rule.

(c) The eligibility requirements the executive commissioner

establishes by rule under Subsection (b)(2) must include the

applicant's successful completion of at least 12 units of

continuing education as approved by the commission in the subject

area of the certification.

(d) The commission may issue a certification in the

following practice setting and client population specializations:

(1) supportive palliative care and hospice for

pediatric patients;

(2) supportive palliative care and hospice for

children of adult patients;

(3) neurodiverse populations;

(4) trauma-informed care;

(5) grief and bereavement;

(6) facility animal handler;

(7) disaster relief;

(8) critical care;

(9) hematology and oncology;

(10) community-based services; and

(11) any other specialization the commission

considers to be specific to and within the scope of child life.

(e) The fee for a certification issued under this chapter is

$90.

Sec. 508.007. LICENSE OR CERTIFICATION RENEWAL; RENEWAL

FEE. (a) The executive commissioner by rule shall prescribe

requirements for the renewal of a license or certification issued

under this chapter.

(b) The fee for the renewal of:

(1) a license issued under this chapter is $90; and

(2) a certification issued under this chapter is $70.

Sec. 508.008. PRACTICE BY LICENSE HOLDER. The executive

commissioner by rule shall prescribe standards for the provision of

child life services.

Sec. 508.009. ENFORCEMENT. A person who violates this

chapter or a rule adopted under this chapter is subject to

disciplinary action by the commission.

Sec. 508.010. RULES. The executive commissioner shall

adopt the rules necessary to implement and enforce this chapter.

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

is amended by adding Section 32.0318 to read as follows:

Sec. 32.0318. REIMBURSEMENT FOR CHILD LIFE SERVICES. (a)

In this section:

(1) "Child life services" and "child life specialist"

have the meanings assigned by Section 508.001, Occupations Code.

(2) "Recipient" means a recipient of medical

assistance.

(b) The commission shall:

(1) ensure that medical assistance reimbursement is

provided to a child life specialist who provides child life

services to a recipient; and

(2) establish a separate provider type for child life

specialists for purposes of enrollment as a provider for and

reimbursement under the medical assistance program.

(c) Child life services provided to a recipient may be

provided in an in-person setting or remotely as a telehealth

service or telemedicine medical service.

(d) The executive commissioner shall adopt rules necessary

to implement this section.

SECTION 3. Chapter 1367, Insurance Code, is amended by

adding Subchapter G to read as follows:

SUBCHAPTER G. CHILD LIFE SERVICES

Sec. 1367.301. DEFINITION. In this subchapter, "child life

services" has the meaning assigned by Section 508.001, Occupations

Code.

Sec. 1367.302. APPLICABILITY OF SUBCHAPTER. (a) This

subchapter applies only to a health benefit plan that provides

benefits for medical, surgical, or prescription drug expenses

incurred as a result of a health condition, accident, or sickness,

including an individual, group, blanket, or franchise insurance

policy or insurance agreement, a group hospital service contract,

or an individual or group evidence of coverage or similar coverage

document that is issued by:

(1) an insurance company;

(2) a group hospital service corporation operating

under Chapter 842;

(3) a health maintenance organization operating under

Chapter 843;

(4) an approved nonprofit health corporation that

holds a certificate of authority under Chapter 844;

(5) a multiple employer welfare arrangement that holds

a certificate of authority under Chapter 846;

(6) a stipulated premium company operating under

Chapter 884;

(7) a fraternal benefit society operating under

Chapter 885;

(8) a Lloyd's plan operating under Chapter 941; or

(9) an exchange operating under Chapter 942.

(b) Notwithstanding any other law, this subchapter applies

to:

(1) a basic coverage plan under Chapter 1551;

(2) a basic plan under Chapter 1575;

(3) a primary care coverage plan under Chapter 1579;

(4) a plan providing basic coverage under Chapter

1601; and

(5) the child health plan program under Chapter 62,

Health and Safety Code.

Sec. 1367.303. COVERAGE REQUIRED. (a) A health benefit

plan must provide coverage for child life services provided by a

child life specialist licensed under Chapter 508, Occupations Code.

(b) A health benefit plan must provide coverage for a child

life service provided as a telemedicine medical service or

telehealth service on the same basis and to the same extent that the

plan provides coverage for the service in an in-person setting.

SECTION 4. Subchapter G, Chapter 1367, Insurance Code, as

added by this Act, applies only to a health benefit plan delivered,

issued for delivery, or renewed on or after January 1, 2026.

SECTION 5. (a) Not later than March 1, 2026, the executive

commissioner of the Health and Human Services Commission shall

adopt rules necessary to implement Chapter 508, Occupations Code,

as added by this Act.

(b) A person is not required to comply with Chapter 508,

Occupations Code, as added by this Act, until March 1, 2026.

SECTION 6. 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 7. This Act takes effect September 1, 2025.