Howard Bill Keeps Medicaid For Kids In Juvenile Detention

The text as introduced · 1,165 words

90R2860 LRM-F

By: Howard
H.B. No. 1063

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 individuals committed

to or placed or detained in juvenile facilities.

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

SECTION 1. The heading to Section 545.0101, Government

Code, is amended to read as follows:

Sec. 545.0101. [ MEMORANDUM OF UNDERSTANDING REGARDING ]

MEDICAID AND CHILD HEALTH PLAN PROGRAM ELIGIBILITY

[ DETERMINATIONS ] FOR JUVENILE OFFENDERS [ CERTAIN CHILDREN ] ;

MEMORANDUM OF UNDERSTANDING AND ANNUAL REPORT .

SECTION 2. Section 545.0101, Government Code, is amended by

amending Subsections (a) and (c) and adding Subsections (a-1),

(a-2), and (e) to read as follows:

(a) In this section, "juvenile facility" means a facility

for the placement, detention, or commitment of a child under Title

3, Family Code.

(a-1) Notwithstanding any other state law and to the extent

permitted by federal law, an individual who is eligible for

benefits under Medicaid, including the STAR Health managed care

program, or the child health plan program immediately before, or

who becomes eligible for benefits under either program during, the

individual's commitment to or placement or detention in a juvenile

facility:

(1) remains eligible for benefits under the applicable

program during the period of commitment, placement, or detention;

and

(2) is entitled to receive under the applicable

program, during that period, those benefits for which federal

matching money is available.

(a-2) 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 to or [ , ]

placed[ , ] or detained in a juvenile facility [ 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-2) [ (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 for which

federal matching money is available, 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-2) 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-2) 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 62.107(a)(2), Health and Safety Code, is

amended to read as follows:

(2) "Juvenile facility" has the meaning assigned by

Section 545.0101, Government Code [ 62.106 ].

SECTION 4. Section 62.107(f), Health and Safety Code, is

amended to read as follows:

(f) If a juvenile facility chooses to provide the notice

described by Subsection (d), at the time of the child's release, the

facility shall provide the child's guardian or custodian, as

appropriate, with a written copy of the notice and a telephone

number at which the commission may be contacted regarding

[ confirmation of or assistance relating to reinstatement of ] the

child's eligibility for health benefits coverage under the child

health plan.

SECTION 5. Section 32.0265(a)(2), Human Resources Code, is

amended to read as follows:

(2) "Juvenile facility" has the meaning assigned by

Section 545.0101, Government Code [ 32.0264 ].

SECTION 6. Section 32.0265(f), Human Resources Code, is

amended to read as follows:

(f) If a juvenile facility chooses to provide the notice

described by Subsection (d), at the time of the child's release, the

facility shall provide the child's guardian or custodian, as

appropriate, with a written copy of the notice and a telephone

number at which the commission may be contacted regarding

[ confirmation of or assistance relating to reinstatement of ] the

child's eligibility for medical assistance benefits.

SECTION 7. The following provisions are repealed:

(1) Section 62.106, Health and Safety Code; and

(2) Section 32.0264, Human Resources Code.

SECTION 8. 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 9. 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 10. 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, 2027.