TX SB855

Medical consenters (excluding the department) authorized to consent to medical care for foster children may assume financial responsibility for out-of-network medical care, including behavioral health services, which may include enrolling the child in a private health insurance plan

The Department of Family and Protective Services is not liable for costs of out-of-network medical care paid for by medical consenters, unless a court specifically orders the department to cover the costs

Medical consenters must notify the child's caseworker within 10 business days after out-of-network care is provided, and the department must include records of such care in the child's health passport

Medicaid managed care organizations are prohibited from taking adverse action to prevent or discourage foster children from accessing health care paid for by medical consenters under this provision

The bill preserves foster children's access to Medicaid benefits, parental rights for children in temporary conservatorship, and court authority to order the department to pay for out-of-network services; effective September 1, 2025