Senate Bill No. 855 aims to enhance the authority of medical consenters regarding financial responsibility for out-of-network medical care provided to children in foster care. The bill introduces a new section, 266.0043, to the Family Code, which allows medical consenters, other than the department, to assume financial responsibility for medical care, including behavioral health services, from out-of-network providers. This includes the ability to enroll the child in a health insurance plan. The bill clarifies that the department will not be liable for these costs unless ordered by a court, and it ensures that the rights of parents and the access to Medicaid benefits for foster children remain intact.

Additionally, the bill adds 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 healthcare services as outlined in the new Family Code section. It mandates that contracts between Medicaid managed care organizations and the commission must comply with this requirement. The bill is set to take effect on September 1, 2025, and includes provisions for state agencies to seek necessary federal waivers before implementation.

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