Bill Summary – FastDemocracy

      
		By: Moody, Garcia
            H.B. No. 98
         
      Statutes affected: 
Introduced:  ()
House Committee Report:  ()
Engrossed:  ()

               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the administration, provision, and Medicaid 
         
            reimbursement of mental health or behavioral health services 
         
            provided 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 38.037 to read as follows:
         
                   Sec. 38.037.  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 531, Government Code, is 
         
            amended by adding Sections 531.021136 and 531.024121 to read as 
         
            follows:
         
                   Sec. 531.021136.  COMMISSION'S AUTHORITY TO RETAIN 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.
         
                   Sec. 531.024121.  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 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



	A BILL TO BE ENTITLED
	AN ACT
	relating to the administration, provision, and Medicaid
	reimbursement of mental health or behavioral health services
	provided 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 38.037 to read as follows:
	Sec. 38.037. 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 531, Government Code, is
	amended by adding Sections 531.021136 and 531.024121 to read as
	follows:
	Sec. 531.021136. COMMISSION'S AUTHORITY TO RETAIN 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.
	Sec. 531.024121. 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 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