Bill Text: TX HB1396 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the provision of counseling services by certain providers under Medicaid and reimbursement for those services.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2023-03-03 - Referred to Human Services [HB1396 Detail]

Download: Texas-2023-HB1396-Introduced.html

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88R3704 KKR-D
By: Moody H.B. No. 1396

A BILL TO BE ENTITLED
AN ACT
relating to the provision of counseling services by certain
providers under Medicaid and reimbursement for those services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.027, Human Resources Code, is amended
by amending Subsection (l) and adding Subsection (m) to read as
follows:
(l) Subject to appropriations, the commission shall assure
that a recipient of medical assistance under this chapter may
select a licensed psychologist, a licensed marriage and family
therapist, as defined by Section 502.002, Occupations Code, a
licensed professional counselor, as defined by Section 503.002,
Occupations Code, or a licensed clinical [master] social worker, as
defined by Section 505.002, Occupations Code, to perform any health
care service or procedure covered under the medical assistance
program if the selected person is authorized by law to perform the
service or procedure. This subsection shall be liberally
construed.
(m) The commission shall assure that a recipient of medical
assistance under this chapter may select the following to perform
any health care service or procedure covered under the medical
assistance program if the selected person is licensed and
authorized by law to perform the service or procedure:
(1) a licensed marriage and family therapist
associate, as defined by Section 502.002, Occupations Code, who is
working toward fulfilling the supervised practice requirements to
be licensed as a licensed marriage and family therapist, as defined
by that section;
(2) a licensed master social worker, as defined by
Section 505.002, Occupations Code, who is actively pursuing the
education and training required to be licensed as a licensed
clinical social worker, as defined by that section; or
(3) a licensed professional counselor associate, as
described by 22 T.A.C. Chapter 681, who is working toward
fulfilling the supervised practice requirements to be licensed as a
licensed professional counselor, as defined by Section 503.002,
Occupations Code.
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.079 to read as follows:
Sec. 32.079. REIMBURSEMENT FOR CERTAIN COUNSELING
SERVICES. (a) The commission shall provide reimbursement under
the medical assistance program to a provider described by Section
32.027(l) who is a licensed marriage and family therapist, licensed
professional counselor, or licensed clinical social worker, is
selected by a recipient of medical assistance, and provides
counseling services covered under the medical assistance program
that the provider is authorized by law to perform. The commission
shall ensure that the provider is reimbursed at a rate equal to the
reimbursement rate established for a licensed psychiatrist or
licensed psychologist for providing similar services.
(b) The commission shall provide reimbursement under the
medical assistance program to a provider described by Section
32.027(m) who is selected by a recipient of medical assistance and
who provides counseling services covered under the medical
assistance program that the provider is authorized by law to
perform. The commission shall ensure that the provider is
reimbursed at a rate equal to 70 percent of the reimbursement rate
established for a licensed psychiatrist or licensed psychologist
for providing similar services.
(c) This section shall be liberally construed.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 4. This Act takes effect September 1, 2023.