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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain services under the Medicaid |
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managed care program to recipients who are victims of family |
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violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 540, Government Code, as effective April |
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1, 2025, is amended by adding Subchapter T to read as follows: |
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SUBCHAPTER T. FAMILY VIOLENCE SERVICES |
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Sec. 540.0951. DEFINITIONS. In this subchapter: |
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(1) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(2) "Family violence services provider" means a |
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licensed health care provider, licensed mental health or behavioral |
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health provider, or other provider designated by commission rule |
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who provides family violence services. |
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(3) "Family violence services" means services that |
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provide trauma-informed care to a recipient who is a survivor of |
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family violence, including health care services, mental and |
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behavioral health services, and other services designated by |
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commission rule as family violence services. |
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(4) "Service coordination" includes: |
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(A) contact between a recipient and a service |
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coordinator for a Medicaid managed care organization; |
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(B) coordination, including with providers, to |
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assist a recipient in accessing benefits provided by the |
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organization; and |
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(C) coordination, including with providers as |
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appropriate, to assist a recipient in accessing services provided |
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by other entities or service providers in the recipient's |
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community. |
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Sec. 540.0952. FAMILY VIOLENCE SERVICES; SERVICE |
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COORDINATION. (a) A contract between a Medicaid managed care |
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organization and the commission to provide health care services to |
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recipients must: |
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(1) require the contracting Medicaid managed care |
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organization to: |
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(A) ensure recipients who are survivors of family |
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violence have access to family violence services providers and |
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family violence services; and |
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(B) provide family violence services |
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coordination to those recipients; and |
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(2) include performance metrics designed to assist the |
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commission in evaluating the organization's coordination and |
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provision of those services, including metrics related to: |
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(A) the number of family violence screenings |
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conducted; |
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(B) the number and types of referrals for family |
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violence services; and |
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(C) the organization's engagement with family |
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violence services providers. |
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(b) In implementing family violence services coordination |
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for recipients, a Medicaid managed care organization must: |
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(1) establish partnerships with licensed family |
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violence services providers to develop service coordination |
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pathways for recipients who are survivors of family violence; |
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(2) develop protocols for integrating the provision of |
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trauma-informed family violence services with health care and |
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mental health services provided to recipients in a manner that |
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meets a recipient's specific needs; |
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(3) require health care and mental health providers |
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participating in the organization's provider network to conduct |
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screenings of recipients to identify signs that a recipient is a |
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survivor of family violence that: |
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(A) use evidence-based screening methods |
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sensitive to a recipient's needs; and |
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(B) are conducted by personnel with appropriate |
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training about trauma-informed care, family violence awareness, |
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and culturally competent support practices; |
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(4) develop a streamlined process for referring |
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recipients to domestic violence services providers that ensures |
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continuity of care and provides access to specialized services and |
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family violence resources, including emergency shelters and |
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organizations providing legal support; and |
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(5) ensure recipients have access to mental and |
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behavioral health services that specifically address trauma |
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experienced by survivors of domestic violence, including: |
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(A) counseling to address the immediate and |
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long-term mental health needs of a recipient; and |
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(B) group counseling or support groups. |
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Sec. 540.0953. SERVICE COORDINATOR TRAINING. A Medicaid |
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managed care organization must ensure that each individual who |
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provides family violence service coordination to recipients under |
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this subchapter receive training on trauma-informed care, family |
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violence awareness, and culturally competent support practices. |
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Sec. 540.0954. MEDICAID MANAGED CARE ORGANIZATION ANNUAL |
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REPORT. A Medicaid managed care organization shall annually submit |
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to the commission a written report detailing the organization's |
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efforts to comply with this subchapter during the preceding year. |
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The report must include data on: |
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(1) the number of family violence screenings conducted |
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by providers included in the organization's provider network; |
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(2) the number and type of recipient referrals for |
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family violence services made by providers; and |
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(3) the scope of family violence mental health and |
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behavioral health services provided to recipients. |
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Sec. 540.0955. ANNUAL AUDIT. (a) The commission shall |
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annually conduct a performance audit of a Medicaid managed care |
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organization to: |
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(1) ensure the organization is providing family |
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violence services coordination; and |
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(2) evaluate the organization's performance in |
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providing family violence services and service coordination to |
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recipients under this subchapter. |
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(b) In evaluating a Medicaid managed care organization's |
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performance under Subsection (a), the commission shall: |
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(1) use the metrics included in the organization's |
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contract with the commission; and |
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(2) assess the quality of care and service |
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coordination provided to recipients by the organization. |
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Sec. 540.0956. RULES. The executive commissioner shall |
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adopt rules necessary to implement this subchapter, including rules |
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designating: |
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(1) services that are considered family violence |
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services; and |
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(2) health care providers that may receive Medicaid |
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reimbursement for providing family violence services. |
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SECTION 2. Section 32.024, Human Resources Code, is amended |
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by adding Subsection (ss) to read as follows: |
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(ss) The commission shall ensure that medical assistance |
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reimbursement is provided to a family violence services provider |
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for providing family violence services to a recipient under |
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Subchapter T, Chapter 540, Government Code. |
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SECTION 3. (a) The Health and Human Services Commission |
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shall, in a contract between the commission and a managed care |
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organization under Chapter 540, Government Code, as effective April |
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1, 2025, that is entered into or renewed on or after the effective |
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date of this Act, require that the managed care organization comply |
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with Subchapter T, Chapter 540, Government Code, as added by this |
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Act. |
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(b) The Health and Human Services Commission shall seek to |
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amend contracts entered into with managed care organizations under |
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Chapter 533, Government Code, or under Chapter 540, Government |
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Code, as effective April 1, 2025, before the effective date of this |
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Act to require those managed care organizations to comply with |
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Subchapter T, Chapter 540, Government Code, as added by this Act. |
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To the extent of a conflict between Subchapter T, Chapter 540, |
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Government Code, as added by this Act, and a provision of a contract |
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with a managed care organization entered into before the effective |
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date of this Act, the contract provision prevails. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2025. |