A medical consenter other than the department may take financial responsibility for certain foster child medical care, but must notify the child’s caseworker within 10 business days, and the department must keep the health passport updated.
Sec. 266.0043. ASSUMPTION OF FINANCIAL RESPONSIBILITY BY MEDICAL CONSENTERS. (a) In this section: (1) "Health care provider" means an individual who is licensed, certified, or otherwise authorized to provide health care services in this state. The term does not include a pharmacy. (2) "Managed care plan" has the meaning assigned by Section 540.0001, Government Code. (3) "Medicaid" and "Medicaid managed care organization" have the meanings assigned by Section 521.0001, Government Code. (4) "Medicaid managed care plan" means a managed care plan offered by a Medicaid managed care organization. (5) "Medical consenter" means a person authorized to consent to medical care for a foster child under Section 266.004(b). (6) "Out-of-network provider" means a health care provider who is not included in the provider network of the Medicaid managed care plan in which a foster child is enrolled. (7) "Pharmacy" has the meaning assigned by Section 551.003, Occupations Code. (b) Notwithstanding any other law, a medical consenter other than the department may assume financial responsibility for medical care, including behavioral health services, provided to a foster child by an out-of-network provider engaged by the medical consenter on behalf of the child. For purposes of this section, assuming financial responsibility may include the medical consenter enrolling the child in a health insurance plan. (c) The department is not liable for the cost of medical care described by Subsection (b), unless a court orders the department to cover the cost of the medical care. (d) This section may not be construed to: (1) limit or restrict a foster child's access to Medicaid benefits, including in-network benefits provided under the Medicaid managed care program; (2) change or limit the rights of parents of children in the temporary managing conservatorship of the department; or (3) limit a court's authority to order the department to assume financial responsibility for the cost of services provided to a foster child by an out-of-network provider. (e) Not later than the 10th business day after the date medical care for which a medical consenter assumes financial responsibility under this section is provided, the medical consenter shall notify, in the form and manner prescribed by the department, the child's caseworker of the provision of that care. The department shall ensure the child's health passport includes records of the medical care provided under this section. Added by Acts 2025, 89th Leg., R.S., Ch. 96 (S.B. 855), Sec. 1, eff. September 1, 2025.