S.B. No. 855 amends the Family Code by adding Section 266.0043, which allows certain medical consenters, other than the department, to assume financial responsibility for out-of-network medical care provided to children in foster care. This includes behavioral health services and allows medical consenters to enroll the child in a health insurance plan. The bill specifies that the department is not liable for these costs unless ordered by a court. Additionally, it mandates that medical consenters notify the child's caseworker within ten business days after the care is provided, ensuring that the child's health passport includes records of this care.

The bill also introduces Section 540.0807 to the Government Code, which prohibits Medicaid managed care organizations from taking adverse actions that would prevent or discourage recipients from accessing health care services as outlined in the new Family Code section. Furthermore, it requires that contracts between Medicaid managed care organizations and the commission comply with this provision, while clarifying that these organizations are not liable for the costs associated with the care provided under the new law. The act is set to take effect on September 1, 2025.

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