HB26 - Relating to authorizing Medicaid managed care organizations to offer nutrition support services in lieu of other state Medicaid plan services.

      H.B. No. 26         AN ACT   relating to authorizing Medicaid managed care organizations to   offer nutrition support services in lieu of other state Medicaid   plan services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 540.0272, Government Code, is amended to   read as follows:          Sec. 540.0272.  CERTAIN SERVICES PERMITTED IN LIEU OF STATE   MEDICAID PLAN SERVICES  [ OTHER MENTAL HEALTH OR SUBSTANCE USE   DISORDER SERVICES ]; ANNUAL REPORT.   (a)  A contract to which this   subchapter applies must contain language permitting the   contracting Medicaid managed care organization to offer medically   appropriate, cost-effective, evidence-based mental health or   substance use services or nutrition counseling and instruction   services from a list of services  approved by the state Medicaid   managed care advisory committee and included in the contract in   lieu of [ mental health or substance use disorder ] services   specified in the state Medicaid plan.  A recipient is not required   to use a service from the list included in the contract in lieu of   another [ mental health or substance use disorder ] service specified   in the state Medicaid plan.           (b)   The commission shall:                (1)  prepare and submit to the legislature an annual   report on the number of times during the preceding year a service   from the list included in the contract is used; and                (2)  consider the actual cost and use of any services   from the list included in the contract that are offered by a   Medicaid managed care organization when setting the capitation   rates for that organization under the contract.           (c)     In approving the list of nutrition counseling and   instruction services that are permitted in lieu of services   specified in the state Medicaid plan under this section, the state   Medicaid managed care advisory committee may only include nutrition   counseling and instruction.   The list may not include:                 (1)  home-delivered meals;                 (2)  food prescriptions; or                 (3)  grocery support.          SECTION 2.  Subchapter F, Chapter 540, Government Code, is   amended by adding Section 540.02721 to read as follows:           Sec.   540.02721.     PILOT PROGRAM TO PROVIDE ADDITIONAL   NUTRITION SUPPORT SERVICES TO CERTAIN PREGNANT RECIPIENTS IN LIEU   OF STATE MEDICAID PLAN SERVICES.   (a)   In this section:                 (1)     "Participant" means a recipient who participates   in the pilot program.                 (2)     "Pilot program" means the pilot program   established by the commission under authority of this section.                 (3)     "Medically tailored meal" means a meal designed by   a registered dietician as part of a treatment plan to improve an   individual's health outcomes and chronic disease management.           (b)     The commission may establish a pilot program under which   Medicaid managed care organizations are authorized to offer and   provide nutrition support services in lieu of services specified in   the state Medicaid plan to a recipient who is:                 (1)  pregnant; and                 (2)     diagnosed with a chronic health condition or   disease that may contribute to a high-risk pregnancy or birth   complications, including:                       (A)  gestational diabetes;                       (B)  hypertension; and                       (C)  obesity.           (c)     Notwithstanding Section 540.0272, a Medicaid managed   care organization may offer the following services under the pilot   program in lieu of services specified in the state Medicaid plan:                 (1)     nutrition counseling and instruction services   authorized under Section 540.0272;                 (2)     medically tailored meals, provided the meals are   provided with nutrition counseling and instruction services   authorized under Section 540.0272; and                 (3)     other evidence-based nutrition support services   designed to improve maternal and infant health outcomes, as   determined by the commission.           (d)     The commission shall collect and analyze data on the   impact to maternal and infant health outcomes that nutrition   support services have on pilot program participants. The data the   commission collects and analyzes must include:                 (1)     the rate by which pilot program participants   comply with a medically tailored meal plan or other nutrition   support services provided under the pilot program;                 (2)     health outcomes associated with each participant's   pregnancy;                 (3)     the impact of nutrition support services on a   participant's chronic health condition or disease-related   symptoms; and                 (4)     newborn and infant health outcomes for children   born to participants.           (e)     As soon as practicable after the termination of the   pilot program, the commission shall prepare and submit to the   legislature a written report that includes:                 (1)     a summary of the pilot program outcomes, including   a summary of the data the commission collects and analyzes under   Subsection (d); and                 (2)  recommendations for legislative or other action.           (f)     The pilot program, if established, terminates August   31, 2030.           (g)  This section expires September 1, 2031.          SECTION 3.  The changes in law made by this Act apply to a   contract entered into or renewed on or after the effective date of   this Act.  A contract entered into or renewed before that date is   governed by the law in effect on the date the contract was entered   into or renewed, and the former law is continued in effect for that   purpose.          SECTION 4.  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 5.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 26 was passed by the House on April   23, 2025, by the following vote:  Yeas 132, Nays 13, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 26 on May 29, 2025, by the following vote:  Yeas 130, Nays 9, 1   present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 26 was passed by the Senate, with   amendments, on May 26, 2025, by the following vote:  Yeas 30, Nays   1.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor