Bill Text: TX SB411 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the participation of campus-based mental health professionals in certain health benefit plans.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-01 - Referred to Business & Commerce [SB411 Detail]
Download: Texas-2017-SB411-Introduced.html
85R2953 BEE-F | ||
By: Watson | S.B. No. 411 |
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relating to the participation of campus-based mental health | ||
professionals in certain health benefit plans. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 843.010, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 843.010. APPLICABILITY OF CERTAIN PROVISIONS TO | ||
GOVERNMENTAL HEALTH BENEFIT PLANS. (a) Sections 843.306(f) and | ||
843.363(a)(4) do not apply to coverage under: | ||
(1) the child health plan program under Chapter 62, | ||
Health and Safety Code, or the health benefits plan for children | ||
under Chapter 63, Health and Safety Code; or | ||
(2) a Medicaid program, including a Medicaid managed | ||
care program operated under Chapter 533, Government Code. | ||
(b) Section 843.3046 applies to: | ||
(1) a basic coverage plan under Chapter 1551; | ||
(2) a basic plan under Chapter 1575; | ||
(3) a primary care coverage plan under Chapter 1579; | ||
(4) basic coverage under Chapter 1601; | ||
(5) a Medicaid managed care program operated under | ||
Chapter 533, Government Code; and | ||
(6) the child health plan program under Chapter 62, | ||
Health and Safety Code. | ||
SECTION 2. Subchapter I, Chapter 843, Insurance Code, is | ||
amended by adding Section 843.3046 to read as follows: | ||
Sec. 843.3046. CAMPUS-BASED MENTAL HEALTH PROFESSIONALS. | ||
(a) In this section: | ||
(1) "Campus-based mental health professional" means a | ||
licensed clinical social worker, professional counselor, | ||
psychological associate, or psychologist who provides mental | ||
health care services primarily or exclusively at a campus of a | ||
school district or an open-enrollment charter school. | ||
(2) "Open-enrollment charter school" means a school | ||
that has been granted a charter under Subchapter D, Chapter 12, | ||
Education Code. | ||
(3) "School district" means a public school district | ||
created under the laws of this state. | ||
(b) If a health maintenance organization includes mental | ||
health care services in the services covered by the health | ||
maintenance organization's health care plan, the health | ||
maintenance organization may not reject the initial application of | ||
a campus-based mental health professional to contract with the | ||
health maintenance organization to provide mental health care | ||
services on behalf of the health maintenance organization based on | ||
a determination that the health maintenance organization has | ||
contracted with sufficient qualified mental health care providers | ||
in the applicant's geographic area. | ||
(c) A campus-based mental health professional who applies | ||
to a health maintenance organization to contract with the health | ||
maintenance organization to provide mental health care services on | ||
behalf of the health maintenance organization is entitled to an | ||
expedited decision on the application. | ||
SECTION 3. Subchapter C, Chapter 848, Insurance Code, is | ||
amended by adding Section 848.111 to read as follows: | ||
Sec. 848.111. CAMPUS-BASED MENTAL HEALTH PROFESSIONALS. | ||
(a) In this section: | ||
(1) "Campus-based mental health professional" means a | ||
licensed clinical social worker, professional counselor, | ||
psychological associate, or psychologist who provides mental | ||
health care services primarily or exclusively at a campus of a | ||
school district or an open-enrollment charter school. | ||
(2) "Open-enrollment charter school" means a school | ||
that has been granted a charter under Subchapter D, Chapter 12, | ||
Education Code. | ||
(3) "School district" means a public school district | ||
created under the laws of this state. | ||
(b) If a health care collaborative includes mental health | ||
care services in the services covered by the health care | ||
collaborative's health care plan, the health care collaborative may | ||
not reject the initial application of a campus-based mental health | ||
professional to contract with the health care collaborative to | ||
provide mental health care services as part of the health care | ||
collaborative's delivery network based on a determination that the | ||
health care collaborative has contracted with sufficient qualified | ||
mental health care providers in the applicant's geographic area. | ||
(c) A campus-based mental health professional who applies | ||
to a health care collaborative for inclusion in the health care | ||
collaborative's delivery network is entitled to an expedited | ||
decision on the application. | ||
SECTION 4. Subchapter B, Chapter 1301, Insurance Code, is | ||
amended by adding Section 1301.0516 to read as follows: | ||
Sec. 1301.0516. CERTAIN CAMPUS-BASED MENTAL HEALTH | ||
SERVICES. (a) In this section: | ||
(1) "Campus-based mental health professional" means a | ||
licensed clinical social worker, professional counselor, | ||
psychological associate, or psychologist who provides mental | ||
health care services primarily or exclusively at a campus of a | ||
school district or an open-enrollment charter school. | ||
(2) "Open-enrollment charter school" means a school | ||
that has been granted a charter under Subchapter D, Chapter 12, | ||
Education Code. | ||
(3) "School district" means a public school district | ||
created under the laws of this state. | ||
(b) Notwithstanding any other law, this section applies to: | ||
(1) a basic coverage plan under Chapter 1551; | ||
(2) a basic plan under Chapter 1575; | ||
(3) a primary care coverage plan under Chapter 1579; | ||
and | ||
(4) basic coverage under Chapter 1601. | ||
(c) If an insurer offers a preferred provider benefit plan | ||
that includes mental health care services in the services covered | ||
by the plan, the insurer may not reject the initial application of a | ||
campus-based mental health professional to contract for | ||
designation as a preferred provider under the plan based on a | ||
determination that the insurer has contracted with sufficient | ||
qualified mental health care providers in the applicant's | ||
geographic area. | ||
(d) A campus-based mental health professional who applies | ||
to an insurer for designation as a preferred provider is entitled to | ||
an expedited decision on the application. | ||
SECTION 5. (a) Section 843.3046, Insurance Code, as added | ||
by this Act, applies only to an application to contract with a | ||
health maintenance organization submitted on or after the effective | ||
date of this Act. An application submitted before that date is | ||
governed by the law as it existed immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
(b) Section 848.111, Insurance Code, as added by this Act, | ||
applies only to an application to contract with a health care | ||
collaborative submitted on or after the effective date of this Act. | ||
An application submitted before that date is governed by the law as | ||
it existed immediately before the effective date of this Act, and | ||
that law is continued in effect for that purpose. | ||
(c) Section 1301.0516, Insurance Code, as added by this Act, | ||
applies only to an application to contract with an insurer | ||
submitted on or after the effective date of this Act. An | ||
application submitted before that date is governed by the law as it | ||
existed immediately before the effective date of this Act, and that | ||
law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2017. |