89R5958 LRM-F     By: Howard H.B. No. 4121       A BILL TO BE ENTITLED   AN ACT   relating to the eligibility for and provision of benefits under   Medicaid or the child health plan program for certain individuals   committed, placed, or detained in certain facilities and settings.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 545.0101, Government   Code, as effective April 1, 2025, is amended to read as follows:          Sec. 545.0101.  MEMORANDUM OF UNDERSTANDING REGARDING   MEDICAID AND CHILD HEALTH PLAN PROGRAM ELIGIBILITY DETERMINATIONS   AND BENEFITS FOR CERTAIN CHILDREN; ANNUAL REPORT.          SECTION 2.  Section 545.0101, Government Code, as effective   April 1, 2025, is amended by amending Subsections (a) and (c) and   adding Subsection (e) to read as follows:          (a)  Notwithstanding any other law and to the extent   permitted by federal law, the [The] commission shall enter into a   memorandum of understanding with the Texas Juvenile Justice   Department and the Department of Family and Protective Services to   ensure that the commission assesses each individual who is   committed, placed, or detained under Title 3, Family Code, for   Medicaid, including the STAR Health managed care program, and child   health plan program eligibility before that individual's release   from commitment, placement, or detention. A local juvenile   probation department is subject to the requirements of the   memorandum.          (c)  The memorandum of understanding must require that [be   tailored to]:                (1)  [achieve the goal of ensuring that] an individual   described by Subsection (a) who the commission determines is   eligible for Medicaid, including the STAR Health managed care   program, or the child health plan program:                      (A)  be [is] enrolled in the program for which the   individual is eligible; and                      (B)  [may] begin receiving services, including   telehealth services and telemedicine medical services, through the   program as soon as possible after the eligibility determination is   made; [and]                (2)  the Texas Juvenile Justice Department, using   available resources, assist the individual with accessing   telehealth services or telemedicine medical services, including   mental health and behavioral health services, through the program   in which the individual is enrolled; and                (3)  the Texas Juvenile Justice Department, in   coordination with the commission and Department of Family and   Protective Services:                      (A)  create a release plan for an individual   described by Subsection (a) who is enrolled in Medicaid, including   under the STAR Health managed care program, or the child health plan   program to ensure the individual continues [if possible, achieve   the goal of ensuring that the individual may begin] receiving   services through the applicable program on the date of the   individual's release from commitment, placement, or detention; or                      (B)  if the department is unable to create a   release plan required under Paragraph (A), include documentation in   the individual's release order that describes:                            (i)  the reasons the department was unable   to create the plan; and                            (ii)  the anticipated impact on the   individual's continuity of care under the program.          (e)  Not later than September 1 of each year, the Texas   Juvenile Justice Department shall prepare and submit a report to   the governor, lieutenant governor, and speaker of the house of   representatives that contains the following information:                (1)  the number of individuals described by Subsection   (a) who were:                      (A)  determined eligible by the commission for   coverage under Medicaid or the child health plan program; and                      (B)  enrolled in a program under this section;                (2)  the number of individuals described by Subdivision   (1)(B) who received services under the program in which the   individual was enrolled while the individual was committed, placed,   or detained under Title 3, Family Code; and                (3)  if an individual described by Subdivision (1)(B)   did not receive services under the program in which the individual   was enrolled, an explanation regarding why the individual did not   receive services under the program.          SECTION 3.  Section 32.0264, Human Resources Code, is   repealed.          SECTION 4.  As soon as practicable after the effective date   of this Act, the Health and Human Services Commission, the Texas   Juvenile Justice Department, and the Department of Family and   Protective Services shall update the memorandum of understanding   required by Section 545.0101, Government Code, as amended by this   Act.          SECTION 5.  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 6.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.