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89(R) HB 26 - Enrolled version - Bill Text
H.B. No. 26
AN ACT
relating to authorizing Medicaid managed care organizations to
offer nutrition support services in lieu of other state Medicaid
plan services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 540.0272, Government Code, is amended to
read as follows:
Sec. 540.0272. CERTAIN SERVICES PERMITTED IN LIEU OF
STATE
MEDICAID PLAN SERVICES
[
OTHER MENTAL HEALTH OR SUBSTANCE USE
DISORDER SERVICES
]; ANNUAL REPORT.
(a)
A contract to which this
subchapter applies must contain language permitting the
contracting Medicaid managed care organization to offer medically
appropriate, cost-effective, evidence-based
mental health or
substance use
services
or nutrition counseling and instruction
services
from a list
of services
approved by the state Medicaid
managed care advisory committee and included in the contract in
lieu of [
mental health or substance use disorder
] services
specified in the state Medicaid plan. A recipient is not required
to use a service from the list included in the contract in lieu of
another [
mental health or substance use disorder
] service specified
in the state Medicaid plan.
(b)
The commission shall:
(1) prepare and submit to the legislature an annual
report on the number of times during the preceding year a service
from the list included in the contract is used; and
(2) consider the actual cost and use of any services
from the list included in the contract that are offered by a
Medicaid managed care organization when setting the capitation
rates for that organization under the contract.
(c)
In approving the list of nutrition counseling and
instruction services that are permitted in lieu of services
specified in the state Medicaid plan under this section, the state
Medicaid managed care advisory committee may only include nutrition
counseling and instruction.
The list may not include:
(1) home-delivered meals;
(2) food prescriptions; or
(3) grocery support.
SECTION 2. Subchapter F, Chapter 540, Government Code, is
amended by adding Section 540.02721 to read as follows:
Sec.
540.02721.
PILOT PROGRAM TO PROVIDE ADDITIONAL
NUTRITION SUPPORT SERVICES TO CERTAIN PREGNANT RECIPIENTS IN LIEU
OF STATE MEDICAID PLAN SERVICES.
(a)
In this section:
(1)
"Participant" means a recipient who participates
in the pilot program.
(2)
"Pilot program" means the pilot program
established by the commission under authority of this section.
(3)
"Medically tailored meal" means a meal designed by
a registered dietician as part of a treatment plan to improve an
individual's health outcomes and chronic disease management.
(b)
The commission may establish a pilot program under which
Medicaid managed care organizations are authorized to offer and
provide nutrition support services in lieu of services specified in
the state Medicaid plan to a recipient who is:
(1) pregnant; and
(2)
diagnosed with a chronic health condition or
disease that may contribute to a high-risk pregnancy or birth
complications, including:
(A) gestational diabetes;
(B) hypertension; and
(C) obesity.
(c)
Notwithstanding Section 540.0272, a Medicaid managed
care organization may offer the following services under the pilot
program in lieu of services specified in the state Medicaid plan:
(1)
nutrition counseling and instruction services
authorized under Section 540.0272;
(2)
medically tailored meals, provided the meals are
provided with nutrition counseling and instruction services
authorized under Section 540.0272; and
(3)
other evidence-based nutrition support services
designed to improve maternal and infant health outcomes, as
determined by the commission.
(d)
The commission shall collect and analyze data on the
impact to maternal and infant health outcomes that nutrition
support services have on pilot program participants. The data the
commission collects and analyzes must include:
(1)
the rate by which pilot program participants
comply with a medically tailored meal plan or other nutrition
support services provided under the pilot program;
(2)
health outcomes associated with each participant's
pregnancy;
(3)
the impact of nutrition support services on a
participant's chronic health condition or disease-related
symptoms; and
(4)
newborn and infant health outcomes for children
born to participants.
(e)
As soon as practicable after the termination of the
pilot program, the commission shall prepare and submit to the
legislature a written report that includes:
(1)
a summary of the pilot program outcomes, including
a summary of the data the commission collects and analyzes under
Subsection (d); and
(2) recommendations for legislative or other action.
(f)
The pilot program, if established, terminates August
31, 2030.
(g) This section expires September 1, 2031.
SECTION 3. The changes in law made by this Act apply to a
contract entered into or renewed on or after the effective date of
this Act. A contract entered into or renewed before that date is
governed by the law in effect on the date the contract was entered
into or renewed, and the former law is continued in effect for that
purpose.
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.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 26 was passed by the House on April
23, 2025, by the following vote: Yeas 132, Nays 13, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 26 on May 29, 2025, by the following vote: Yeas 130, Nays 9, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 26 was passed by the Senate, with
amendments, on May 26, 2025, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor