89R6229 KKR-D
 
  By: Bhojani H.B. No. 4459
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of certain services under the Medicaid
  managed care program to recipients who are victims of family
  violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 540, Government Code, as effective April
  1, 2025, is amended by adding Subchapter T to read as follows:
  SUBCHAPTER T.  FAMILY VIOLENCE SERVICES
         Sec. 540.0951.  DEFINITIONS. In this subchapter:
               (1)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
               (2)  "Family violence services provider" means a
  licensed health care provider, licensed mental health or behavioral
  health provider, or other provider designated by commission rule
  who provides family violence services.
               (3)  "Family violence services" means services that
  provide trauma-informed care to a recipient who is a survivor of
  family violence, including health care services, mental and
  behavioral health services, and other services designated by
  commission rule as family violence services.
               (4)  "Service coordination" includes:
                     (A)  contact between a recipient and a service
  coordinator for a Medicaid managed care organization;
                     (B)  coordination, including with providers, to
  assist a recipient in accessing benefits provided by the
  organization; and
                     (C)  coordination, including with providers as
  appropriate, to assist a recipient in accessing services provided
  by other entities or service providers in the recipient's
  community.
         Sec. 540.0952.  FAMILY VIOLENCE SERVICES; SERVICE
  COORDINATION.  (a)  A contract between a Medicaid managed care
  organization and the commission to provide health care services to
  recipients must:
               (1)  require the contracting Medicaid managed care
  organization to:
                     (A)  ensure recipients who are survivors of family
  violence have access to family violence services providers and
  family violence services; and
                     (B)  provide family violence services
  coordination to those recipients; and
               (2)  include performance metrics designed to assist the
  commission in evaluating the organization's coordination and
  provision of those services, including metrics related to:
                     (A)  the number of family violence screenings
  conducted;
                     (B)  the number and types of referrals for family
  violence services; and
                     (C)  the organization's engagement with family
  violence services providers.
         (b)  In implementing family violence services coordination
  for recipients, a Medicaid managed care organization must:
               (1)  establish partnerships with licensed family
  violence services providers to develop service coordination
  pathways for recipients who are survivors of family violence;
               (2)  develop protocols for integrating the provision of
  trauma-informed family violence services with health care and
  mental health services provided to recipients in a manner that
  meets a recipient's specific needs;
               (3)  require health care and mental health providers
  participating in the organization's provider network to conduct
  screenings of recipients to identify signs that a recipient is a
  survivor of family violence that:
                     (A)  use evidence-based screening methods
  sensitive to a recipient's needs; and
                     (B)  are conducted by personnel with appropriate
  training about trauma-informed care, family violence awareness,
  and culturally competent support practices;
               (4)  develop a streamlined process for referring
  recipients to domestic violence services providers that ensures
  continuity of care and provides access to specialized services and
  family violence resources, including emergency shelters and
  organizations providing legal support; and
               (5)  ensure recipients have access to mental and
  behavioral health services that specifically address trauma
  experienced by survivors of domestic violence, including:
                     (A)  counseling to address the immediate and
  long-term mental health needs of a recipient; and
                     (B)  group counseling or support groups.
         Sec. 540.0953.  SERVICE COORDINATOR TRAINING. A Medicaid
  managed care organization must ensure that each individual who
  provides family violence service coordination to recipients under
  this subchapter receive training on trauma-informed care, family
  violence awareness, and culturally competent support practices.
         Sec. 540.0954.  MEDICAID MANAGED CARE ORGANIZATION ANNUAL
  REPORT. A Medicaid managed care organization shall annually submit
  to the commission a written report detailing the organization's
  efforts to comply with this subchapter during the preceding year.  
  The report must include data on:
               (1)  the number of family violence screenings conducted
  by providers included in the organization's provider network;
               (2)  the number and type of recipient referrals for
  family violence services made by providers; and
               (3)  the scope of family violence mental health and
  behavioral health services provided to recipients.
         Sec. 540.0955.  ANNUAL AUDIT. (a)  The commission shall
  annually conduct a performance audit of a Medicaid managed care
  organization to:
               (1)  ensure the organization is providing family
  violence services coordination; and
               (2)  evaluate the organization's performance in
  providing family violence services and service coordination to
  recipients under this subchapter.
         (b)  In evaluating a Medicaid managed care organization's
  performance under Subsection (a), the commission shall:
               (1)  use the metrics included in the organization's
  contract with the commission; and
               (2)  assess the quality of care and service
  coordination provided to recipients by the organization.
         Sec. 540.0956.  RULES. The executive commissioner shall
  adopt rules necessary to implement this subchapter, including rules
  designating:
               (1)  services that are considered family violence
  services; and
               (2)  health care providers that may receive Medicaid
  reimbursement for providing family violence services.
         SECTION 2.  Section 32.024, Human Resources Code, is amended
  by adding Subsection (ss) to read as follows:
         (ss) The commission shall ensure that medical assistance
  reimbursement is provided to a family violence services provider
  for providing family violence services to a recipient under
  Subchapter T, Chapter 540, Government Code.
         SECTION 3.  (a) The Health and Human Services Commission
  shall, in a contract between the commission and a managed care
  organization under Chapter 540, Government Code, as effective April
  1, 2025, that is entered into or renewed on or after the effective
  date of this Act, require that the managed care organization comply
  with Subchapter T, Chapter 540, Government Code, as added by this
  Act.
         (b)  The Health and Human Services Commission shall seek to
  amend contracts entered into with managed care organizations under
  Chapter 533, Government Code, or under Chapter 540, Government
  Code, as effective April 1, 2025, before the effective date of this
  Act to require those managed care organizations to comply with
  Subchapter T, Chapter 540, Government Code, as added by this Act.
  To the extent of a conflict between Subchapter T, Chapter 540,
  Government Code, as added by this Act, and a provision of a contract
  with a managed care organization entered into before the effective
  date of this Act, the contract provision prevails.
         SECTION 4.  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 5.  This Act takes effect September 1, 2025.