House Bill No. 3396 aims to empower certain medical consenters to take on 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 defines key terms such as "health care provider," "managed care plan," and "medical consenter." It allows medical consenters, other than the department, to assume financial responsibility for medical care, including behavioral health services, from out-of-network providers. Additionally, it stipulates that the department will not be liable for these costs and emphasizes that this provision does not limit a foster child's access to Medicaid benefits.

Furthermore, 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 health care services as outlined in the new Family Code section. It also mandates that contracts between Medicaid managed care organizations and the commission must ensure compliance with this requirement. The bill includes a provision for state agencies to seek necessary waivers or authorizations from federal agencies before implementing any part of the act, which is set to take effect on September 1, 2025.

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