S.B. No. 855         AN ACT   relating to the authority of certain medical consenters to assume   financial responsibility for certain out-of-network medical care   provided to children in foster care.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 266, Family Code, is amended by adding   Section 266.0043 to read as follows:          Sec. 266.0043.  ASSUMPTION OF FINANCIAL RESPONSIBILITY BY   MEDICAL CONSENTERS. (a) In this section:                (1)  "Health care provider" means an individual who is   licensed, certified, or otherwise authorized to provide health care   services in this state.  The term does not include a pharmacy.                (2)  "Managed care plan" has the meaning assigned by   Section 540.0001, Government Code.                (3)  "Medicaid" and "Medicaid managed care   organization" have the meanings assigned by Section 521.0001,   Government Code.                (4)  "Medicaid managed care plan" means a managed care   plan offered by a Medicaid managed care organization.                (5)  "Medical consenter" means a person authorized to   consent to medical care for a foster child under Section   266.004(b).                (6)  "Out-of-network provider" means a health care   provider who is not included in the provider network of the Medicaid   managed care plan in which a foster child is enrolled.                (7)  "Pharmacy" has the meaning assigned by Section   551.003, Occupations Code.          (b)  Notwithstanding any other law, a medical consenter   other than the department may assume financial responsibility for   medical care, including behavioral health services, provided to a   foster child by an out-of-network provider engaged by the medical   consenter on behalf of the child.  For purposes of this section,   assuming financial responsibility may include the medical   consenter enrolling the child in a health insurance plan.          (c)  The department is not liable for the cost of medical   care described by Subsection (b), unless a court orders the   department to cover the cost of the medical care.          (d)  This section may not be construed to:                (1)  limit or restrict a foster child's access to   Medicaid benefits, including in-network benefits provided under   the Medicaid managed care program;                (2)  change or limit the rights of parents of children   in the temporary managing conservatorship of the department; or                (3)  limit a court's authority to order the department   to assume financial responsibility for the cost of services   provided to a foster child by an out-of-network provider.          (e)  Not later than the 10th business day after the date   medical care for which a medical consenter assumes financial   responsibility under this section is provided, the medical   consenter shall notify, in the form and manner prescribed by the   department, the child's caseworker of the provision of that care.   The department shall ensure the child's health passport includes   records of the medical care provided under this section.          SECTION 2.  Subchapter Q, Chapter 540, Government Code, is   amended by adding Section 540.0807 to read as follows:          Sec. 540.0807.  ACCESS TO CARE PAID FOR BY CERTAIN MEDICAL   CONSENTERS. (a) A Medicaid managed care organization may not take   adverse action to prevent or discourage a recipient from accessing   health care and related services and benefits in accordance with   Section 266.0043, Family Code.          (b)  A STAR Health program managed care contract between a   Medicaid managed care organization and the commission must require   that the organization comply with Subsection (a).          (c)  This section may not be construed to confer liability on   a Medicaid managed care organization for the cost of health care and   related services and benefits described by Section 266.0043(b),   Family Code.          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, 2025.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 855 passed the Senate on   April 16, 2025, by the following vote:  Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 855 passed the House on   May 8, 2025, by the following vote:  Yeas 145, Nays 0, two present   not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor