Sethi Bill Lets Schools Bill Medicaid For Student Health Care

The text as introduced · 341 words

By: Sethi
H.B. No. 760

A BILL TO BE ENTITLED

AN ACT

relating to the reimbursement under Medicaid of local educational

agencies for the provision of health care services to students.

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

SECTION 1. Subchapter B, Chapter 32, Human Resources Code,

is amended by adding Section 32.0271 to read as follows:

Sec. 32.0271. REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED

TO MEDICAID-ELIGIBLE STUDENTS BY LOCAL EDUCATIONAL AGENCIES. (a)

In this section, "local educational agency" includes a school

district or open-enrollment charter school.

(b) The commission shall ensure that Medicaid reimbursement

is provided to a local educational agency for all health care

services covered under Medicaid, including behavioral health

services and nursing services, that are provided to students

eligible for Medicaid through the agency by a health professional,

if:

(1) the agency is an authorized health care provider

under Medicaid; and

(2) the parent or legal guardian of the student

provides consent before the service is provided.

(c) To the extent permitted by federal law, the commission

shall ensure a local educational agency receives Medicaid

reimbursement under Subsection (b) regardless of whether:

(1) the service is included in a student's

individualized education plan or individualized family service

plan; and

(2) the health professional providing the service is

the recipient's primary care provider.

SECTION 2. As soon as practicable after the effective date

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

amendment to the state Medicaid plan or other appropriate

authorization from the Centers for Medicare and Medicaid Services

or other appropriate federal agency necessary 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 3. 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.