HB2129 - Relating to school-based health services, including the administration of the school health and related services program and the provision and Medicaid reimbursement of certain services to certain public school students.

  89R4866 LRM-D     By: Moody H.B. No. 2129       A BILL TO BE ENTITLED   AN ACT   relating to school-based health services, including the   administration of the school health and related services program   and the provision and Medicaid reimbursement of certain services to   certain public school students.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.042 to read as follows:           Sec.   38.042.     ON-CAMPUS MENTAL HEALTH OR BEHAVIORAL HEALTH   SERVICES. (a)   A school district may contract with a local mental   health authority to provide mental health or behavioral health   services on a campus of the district.           (b)     At the request of a student's parent or guardian, a   local mental health authority providing on-campus mental health or   behavioral health services that conducts a mental health or   behavioral health assessment of the student or provides mental   health or behavioral health services to the student shall provide   to the student's primary care physician the results of the   assessment conducted and, if applicable, the results of any   services provided.          SECTION 2.  Subchapter B, Chapter 532, Government Code, as   effective April 1, 2025, is amended by adding Section 532.00551 to   read as follows:           Sec.   532.00551.     SCHOOL HEALTH AND RELATED SERVICES PROGRAM:   INTEGRITY AND AUDIT FUNCTIONS. (a) The commission shall make every   effort to ensure the integrity of the school health and related   services program, including by:                 (1)     performing risk assessments of every element of   the program;                 (2)     annually performing desk audits of all local   education agencies participating in the program;                 (3)     performing in-depth audits of a sample of local   education agencies;                 (4)     ensuring compliance with all applicable federal   standards and guidance regarding the administration of random   moment time studies, coding, and cost claiming;                 (5)     considering information provided by the Texas   Education Agency on the agency's audits of local education agencies   that participate in the program;                 (6)     coordinating with the Texas Education Agency and   any relevant stakeholders or advisory bodies in the development of   training materials, policies, and technical assistance necessary   to ensure compliance with all applicable state and federal   requirements; and                 (7)     evaluating the program based on metrics developed   by the commission.           (b)     The commission may contract with a third party with the   necessary expertise to comply with this section.           (c)     At least once every five years, the commission's office   of inspector general shall evaluate the effectiveness of the   commission's efforts to ensure the integrity of the school health   and related services program.          SECTION 3.  Subchapter C, Chapter 532, Government Code, as   effective April 1, 2025, is amended by adding Section 532.0104 to   read as follows:           Sec.   532.0104.     RETENTION OF CERTAIN MONEY TO ADMINISTER   SCHOOL HEALTH AND RELATED SERVICES PROGRAM. (a) This section   applies only to federal money the commission receives to provide   the school health and related services program.           (b)     Subject to Subsection (c), the commission may retain   from the money to which this section applies an amount equal to the   estimated costs necessary, as determined by the commission, to   administer the school health and related services program,   including costs associated with the development of training   materials, compliance monitoring, technical assistance, and audit   functions.           (c)     The amount retained by the commission under this section   may not exceed two percent of the total amount received by the   commission during a state fiscal year.          SECTION 4.  Subchapter B, Chapter 32, Human Resources Code,   is amended by adding Sections 32.0271 and 32.04245 to read as   follows:           Sec.   32.0271.     REIMBURSEMENT FOR CERTAIN SERVICES PROVIDED   TO MEDICAID-ENROLLED STUDENTS BY LOCAL EDUCATION AGENCIES. (a) In   this section, "local education agency" includes a school district   or open-enrollment charter school.           (b)     This section applies only with respect to a child who is   enrolled in Medicaid and is eligible to receive services under the   school health and related services program, regardless of whether   the child has an individualized education program.           (c)     The commission shall ensure that reimbursement under   the school health and related services program is provided to a   local education agency for all mental health and behavioral health   services covered under the program that are provided to a child   described by Subsection (b).           (d)     The parent or legal guardian of a child to whom this   section applies must provide written consent for any services   provided to the child under this section. The parent or legal   guardian may revoke that consent at any time.           (e)     A local education agency that provides mental health or   behavioral health services to a child under this section shall   provide a written summary of each of the child's service visits to:                 (1)     if the child is younger than 18 years of age, the   child's parent or legal guardian; and                 (2)     if the child's parent or legal guardian provides   consent, the child's primary care provider.           (f)     This section does not require a local education agency   to enroll as a Medicaid provider.           Sec.   32.04245.     SCHOOL HEALTH AND RELATED SERVICES PROGRAM:   THIRD-PARTY INSURERS. The commission may not provide reimbursement   under the school health and related services program to a   third-party health insurer for any service provided in order to   facilitate the coordination of benefits.          SECTION 5.  As soon as practicable after the effective date   of this Act, the Health and Human Services Commission shall seek any   necessary amendment to the state Medicaid plan or other appropriate   authorization from the Centers for Medicare and Medicaid Services   or other appropriate federal agency 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 6.  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, 2025.