SB2886 - 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.

  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 o [Text truncated for display. Full text available on LegiScan.]