S.B. No. 74         AN ACT   relating to the provision of certain behavioral health services to   children, adolescents, and their families under a contract with a   managed care organization.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 533, Government Code, is   amended by adding Sections 533.002552 and 533.002553 to read as   follows:          Sec. 533.002552.  TARGETED CASE MANAGEMENT AND PSYCHIATRIC   REHABILITATIVE SERVICES FOR CHILDREN, ADOLESCENTS, AND FAMILIES.   (a)  A provider in the provider network of a managed care   organization that contracts with the commission to provide   behavioral health services under Section 533.00255 may contract   with the managed care organization to provide targeted case   management and psychiatric rehabilitative services to children,   adolescents, and their families.          (b)  Commission rules and guidelines concerning contract and   training requirements applicable to the provision of behavioral   health services may apply to a provider that contracts with a   managed care organization under Subsection (a) only to the extent   those contract and training requirements are specific to the   provision of targeted case management and psychiatric   rehabilitative services to children, adolescents, and their   families.           (c)  Commission rules and guidelines applicable to a   provider that contracts with a managed care organization under   Subsection (a) may not require the provider to provide a behavioral   health crisis hotline or a mobile crisis team that operates 24 hours   per day and seven days per week. This subsection does not prohibit   a managed care organization that contracts with the commission to   provide behavioral health services under Section 533.00255 from   specifically contracting with a provider for the provision of a   behavioral health crisis hotline or a mobile crisis team that   operates 24 hours per day and seven days per week.           (d)  Commission rules and guidelines applicable to a   provider that contracts with a managed care organization to provide   targeted case management and psychiatric rehabilitative services   specific to children and adolescents who are at risk of juvenile   justice involvement, expulsion from school, displacement from the   home, hospitalization, residential treatment, or serious injury to   self, others, or animals may not require the provider to also   provide less intensive psychiatric rehabilitative services   specified by commission rules and guidelines as applicable to the   provision of targeted case management and psychiatric   rehabilitative services to children, adolescents, and their   families, if that provider has a referral arrangement to provide   access to those less intensive psychiatric rehabilitative   services.          (e)  Commission rules and guidelines applicable to a   provider that contracts with a managed care organization under   Subsection (a) may not require the provider to provide services not   covered under Medicaid.          Sec. 533.002553.  BEHAVIORAL HEALTH SERVICES PROVIDED   THROUGH THIRD PARTY OR SUBSIDIARY. (a)  In this section,   "behavioral health services" has the meaning assigned by Section   533.00255.          (b)  For a managed care organization that contracts with the   commission under this chapter and that provides behavioral health   services through a contract with a third party or an arrangement   with a subsidiary of the managed care organization, the commission   shall:                (1)  require the effective sharing and integration of   care coordination, service authorization, and utilization   management data between the managed care organization and the third   party or subsidiary;                (2)  encourage, to the extent feasible, the colocation   of physical health and behavioral health care coordination staff;                (3)  require warm call transfers between physical   health and behavioral health care coordination staff;                (4)  require the managed care organization and the   third party or subsidiary to implement joint rounds for physical   health and behavioral health services network providers or some   other effective means for sharing clinical information; and                 (5)  ensure that the managed care organization makes   available a seamless provider portal for both physical health and   behavioral health services network providers, to the extent allowed   by federal law.           SECTION 2.  Not later than January 1, 2018, the executive   commissioner of the Health and Human Services Commission shall   adopt rules and guidelines or amend existing rules and guidelines   as necessary to comply with the requirements of Section 533.002552,   Government Code, as added by this Act.          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 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, 2017.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 74 passed the Senate on   April 3, 2017, by the following vote: Yeas 31, Nays 0; and that   the Senate concurred in House amendment on May 22, 2017, by the   following vote: Yeas 31, Nays 0.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 74 passed the House, with   amendment, on May 17, 2017, by the following vote: Yeas 140,   Nays 2, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor