Texas 2023 - 88th Regular

Texas House Bill HB1238

Filed
1/9/23  
Out of House Committee
4/18/23  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the school health and related services program, including parental consent for program services, the establishment of a school health and related services program advisory council, and the publication of the School Health and Related Services (SHARS) Handbook portion of the Texas Medicaid Provider Procedures Manual.

Impact

The legislation is poised to substantially influence the operational framework of school health services across Texas. By formalizing the advisory council, the bill aims to bridge gaps between educational institutions and health services, providing a mechanism for continuous improvement and adherence to best practices. Furthermore, it presents a structured approach for updating the SHARS Handbook annually, providing clarity and predictability in reimbursement processes for public schools. This effort is particularly significant for school districts that enroll a high number of students with disabilities, as they seek to maximize available funding for health services.

Summary

House Bill 1238, introduced by Representative Van Dever, focuses on enhancing the administration of school health and related services programs. The bill mandates the establishment of a dedicated advisory council that will work alongside the Health and Human Services Commission (HHS) to guide the implementation of health services in Texas public schools. This council will play a crucial role in overseeing the dissemination of the School Health and Related Services (SHARS) Handbook, which outlines the procedures under which certain health-related services can receive Medicaid reimbursement. The bill emphasizes the importance of parental consent for the sharing of students' personally identifiable information, aligning with federal privacy regulations.

Sentiment

General sentiment surrounding HB 1238 appears to be supportive, particularly among educators and advocates for students with disabilities. The introduction of the advisory council is seen as a positive step towards improving collaboration between educational and health agencies. However, there are concerns expressed by some local administrators regarding the complexities of obtaining parental consent and the potential administrative burden this may create. The discussions indicate a recognition of the need for effective health services within schools but also highlight the challenges that could arise in implementation.

Contention

One notable point of contention involves the balance between parental rights and the operational needs of school districts. While the requirement for parental consent is intended to protect student privacy, some educators feel it may deter schools from pursuing necessary health services reimbursable under Medicaid. Additionally, the structure of the advisory council raises questions about representation—ensuring that the voices of parents, health professionals, and educators are adequately included in decision-making processes. Overall, while there is an overarching agreement on the necessity of health services in schools, the means of achieving this, particularly regarding consent protocols, presents a nuanced debate.

Companion Bills

No companion bills found.

Previously Filed As

TX HB5262

Relating to the establishment of a school health and related services program advisory council.

TX HB2129

Relating to school-based health services, including the administration of the school health and related services program and the provision and Medicaid reimbursement of certain services to certain public school students.

TX HB18

Relating to the establishment and administration of certain programs and services providing health care services to rural counties.

TX HB1709

To Amend The Human Services Workers In The Schools Program; And To Include Mental Health Counselors In The Human Services Workers In The Schools Program.

TX SB1952

Relating to the administration and operation of the school health and related services program.

TX HB1890

To Allow School Districts To Bill For Healthcare Services; And To Require The Arkansas Medicaid Program To Reimburse School Districts For Certain Healthcare Services.

TX HB1257

Relating to the compensation of public school educators, the public school finance system, public school prekindergarten and kindergarten programs, and the school health and related services program.

TX HB4585

Relating to the submission, payment, and audit of certain claims for and utilization review of health services, including services provided under the Medicaid managed care and child health plan programs.

TX HB4117

Relating to the development of a strategic plan for home and community-based services provided under Medicaid and the child health plan program and the establishment of an advisory committee on home and community-based services.

TX HB2862

Mental health services; public schools

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