Tex.
Gov't Code Section 533.038
Coordination of Benefits; Continuity of Specialty Care for Certain Recipients
(a)
In this section, “Medicaid wrap-around benefit” means a Medicaid-covered service, including a pharmacy or medical benefit, that is provided to a recipient with both Medicaid and primary health benefit plan coverage when the recipient has exceeded the primary health benefit plan coverage limit or when the service is not covered by the primary health benefit plan issuer.(b)
The commission, in coordination with Medicaid managed care organizations and in consultation with the STAR Kids Managed Care Advisory Committee described by Section 533.00254 (Star Kids Managed Care Advisory Committee), shall develop and adopt a clear policy for a Medicaid managed care organization to ensure the coordination and timely delivery of Medicaid wrap-around benefits for recipients with both primary health benefit plan coverage and Medicaid coverage. In developing the policy, the commission shall consider requiring a Medicaid managed care organization to allow, notwithstanding Sections 531.073 (Prior Authorization for Certain Prescription Drugs) and 533.005 (Required Contract Provisions)(a)(23) or any other law, a recipient using a prescription drug for which the recipient’s primary health benefit plan issuer previously provided coverage to continue receiving the prescription drug without requiring additional prior authorization.(c)
If the commission determines that a recipient’s primary health benefit plan issuer should have been the primary payor of a claim, the Medicaid managed care organization that paid the claim shall work with the commission on the recovery process and make every attempt to reduce health care provider and recipient abrasion.(d)
The executive commissioner may seek a waiver from the federal government as needed to:(1)
address federal policies related to coordination of benefits and third-party liability; and(2)
maximize federal financial participation for recipients with both primary health benefit plan coverage and Medicaid coverage.(e)
The commission may include in the Medicaid managed care eligibility files an indication of whether a recipient has primary health benefit plan coverage or is enrolled in a group health benefit plan for which the commission provides premium assistance under the health insurance premium payment program. For recipients with that coverage or for whom that premium assistance is provided, the files may include the following up-to-date, accurate information related to primary health benefit plan coverage to the extent the information is available to the commission:(1)
the health benefit plan issuer’s name and address and the recipient’s policy number;(2)
the primary health benefit plan coverage start and end dates; and(3)
the primary health benefit plan coverage benefits, limits, copayment, and coinsurance information.(f)
To the extent allowed by federal law, the commission shall maintain processes and policies to allow a health care provider who is primarily providing services to a recipient through primary health benefit plan coverage to receive Medicaid reimbursement for services ordered, referred, or prescribed, regardless of whether the provider is enrolled as a Medicaid provider. The commission shall allow a provider who is not enrolled as a Medicaid provider to order, refer, or prescribe services to a recipient based on the provider’s national provider identifier number and may not require an additional state provider identifier number to receive reimbursement for the services. The commission may seek a waiver of Medicaid provider enrollment requirements for providers of recipients with primary health benefit plan coverage to implement this subsection.(g)
The commission shall develop a clear and easy process, to be implemented through a contract, that allows a recipient with complex medical needs who has established a relationship with a specialty provider to continue receiving care from that provider, regardless of whether the recipient has primary health benefit plan coverage in addition to Medicaid coverage.(h)
If a recipient who has complex medical needs wants to continue to receive care from a specialty provider that is not in the provider network of the Medicaid managed care organization offering the managed care plan in which the recipient is enrolled, the managed care organization shall develop a simple, timely, and efficient process to and shall make a good-faith effort to, negotiate a single-case agreement with the specialty provider. Until the Medicaid managed care organization and the specialty provider enter into the single-case agreement, the specialty provider shall be reimbursed in accordance with the applicable reimbursement methodology specified in commission rule, including 1 T.A.C. Section 353.4.(i)
A single-case agreement entered into under this section is not considered accessing an out-of-network provider for the purposes of Medicaid managed care organization network adequacy requirements.
Source:
Section 533.038 — Coordination of Benefits; Continuity of Specialty Care for Certain Recipients, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.533.htm#533.038 (accessed Jun. 5, 2024).
