1| COMMITTEE AMENDMENT | | HOUSE OF REPRESENTATIVES | 2| State of Oklahoma | | | 3| SPEAKER: | | | 4| CHAIR: | | | 5|I move to amend HB1523 | | Of the | 6|printed Bill | |Page Section Lines | 7| | | Of the | 8|Engrossed Bill | | | 9|By deleting the content of the entire measure, and by inserting in | |lieu thereof the following language: | 10| | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| STATE OF OKLAHOMA | | | 20| 1st Session of the 60th Legislature (2025) | | | 21|PROPOSED SUBCOMMITTEE | |SUBSTITUTE | 22|FOR | |HOUSE BILL NO. 1523 By: Provenzano | 23| | | | 24| | | | Req. No. 12260 Page 1 ___________________________________________________________________________
1| | | | 2| PROPOSED SUBCOMMITTEE SUBSTITUTE | | | 3| An Act relating to student mental health; mandating | | the State Department of Education to create a | 4| school-based telehealth program; requiring the | | Department to contract with a telehealth provider; | 5| requiring a request for proposal; establishing | | request for proposal and contract timelines; | 6| providing definitions; specifying proposal | | requirements; prescribing contract requirements; | 7| mandating the State Department of Education to select | | eligible schools; requiring school participation to | 8| represent certain state populations; providing a | | rubric for the selection of schools; stating school | 9| district participation requirements and limitations; | | providing fund limitations; requiring the Department | 10| and participating school districts to evaluate the | | program; requiring reporting to the Legislature; | 11| mandating school districts to report compliance with | | certain provisions; requiring the Department to seek | 12| funding; allowing contributions from charitable and | | non-state sources; requiring Department matching of | 13| certain contributions; limiting expenditures; | | providing for codification; providing an effective | 14| date; and declaring an emergency. | | | 15| | | | 16| | | | 17| | | | 18| | | | 19|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 20| SECTION 1. NEW LAW A new section of law to be codified | | | 21|in the Oklahoma Statutes as Section 24-162 of Title 70, unless there | | | 22|is created a duplication in numbering, reads as follows: | | | 23| A. 1. The State Department of Education shall establish a | | | 24|school-based telehealth program. The State Department of Education | | | Req. No. 12260 Page 2 ___________________________________________________________________________
1|(Department) shall contract with a single telehealth provider to | | | 2|provide mental health care to students enrolled in participating | | | 3|school districts. The Department shall issue a Request for Proposal | | | 4|to select the telehealth provider. | | | 5| 2. The Department shall initiate the Request for Proposal | | | 6|within ninety (90) days of the passage and approval of this act. | | | 7|The Department shall select a telehealth provider from the proposals | | | 8|within sixty (60) days of the publication of the Request for | | | 9|Proposal. The awarded telehealth provider contract shall begin | | | 10|within sixty (60) days of the provider selection. | | | 11| B. For purposes of this section: | | | 12| 1. "Health carrier" means an entity subject to the insurance | | | 13|laws and regulations of this state, or subject to the jurisdiction | | | 14|of the Insurance Commissioner, that contracts or offers to contract | | | 15|to provide, deliver, arrange for, pay for, or reimburse any of the | | | 16|costs of health care services including through a health benefit | | | 17|plan as defined in this section, and shall include a sickness and | | | 18|accident insurance company, a health maintenance organization, a | | | 19|preferred provider organization or any similar entity, or any other | | | 20|entity providing a plan of health insurance or health benefits; | | | 21| 2. "Mental health care provider" means any person or other | | | 22|entity who is licensed pursuant to the provisions of Title 59 or | | | 23|Title 63 of the Oklahoma Statutes, or pursuant to the laws of | | | 24| | | | Req. No. 12260 Page 3 ___________________________________________________________________________
1|another state, to render mental health care services in the practice | | | 2|of a profession or in the ordinary course of business; | | | 3| 3. "Oklahoma health care programs" means state-purchased health | | | 4|care or state-subsidized health care purchased with or supported by | | | 5|state and federal funds through the Oklahoma Health Care Authority, | | | 6|the Department of Mental Health and Substance Abuse Services, the | | | 7|State Department of Health, the Department of Human Services, the | | | 8|Department of Corrections, the Department of Veterans Affairs, other | | | 9|state agencies administering state-purchased or state-subsidized | | | 10|health care programs, the Oklahoma State Regents for Higher | | | 11|Education, the State Board of Education, and local school districts; | | | 12| 4. "School district" or "district" has the same meaning as | | | 13|provided for in Section 1-108 of Title 70 of the Oklahoma Statutes; | | | 14| 5. "Telehealth" means technology-enabled mental health and care | | | 15|management and delivery systems that extend capacity and access, | | | 16|which includes: | | | 17| a. synchronous mechanisms, which may include live | | | 18| audiovisual interaction between a patient and a mental | | | 19| health care professional, | | | 20| b. asynchronous mechanisms, which include store and | | | 21| forward transfers, online exchange of mental health | | | 22| information between a patient and a mental health care | | | 23| professional, but shall not include the use of | | | 24| automated text messages or automated mobile | | | Req. No. 12260 Page 4 ___________________________________________________________________________
1| applications that serve as the sole interaction | | | 2| between a patient and a mental health care | | | 3| professional, | | | 4| c. remote patient monitoring, and | | | 5| d. other electronic means that support clinical mental | | | 6| health care, professional consultation, mental | | | 7| health-related education, and mental health care | | | 8| administration; and | | | 9| 6. "Telehealth provider" means a person that makes available a | | | 10|technological platform for the provision of mental health care | | | 11|services through telehealth and employs the mental health care | | | 12|providers who utilize the platform. | | | 13| C. The Department shall consider responses to the request for | | | 14|proposals only from applicants that: | | | 15| 1. Have experience providing mental health care through | | | 16|telehealth in educational settings, and at the time of application | | | 17|are providing access to mental health care through telehealth to at | | | 18|least one school district with a student population of one hundred | | | 19|thousand (100,000) or more students; | | | 20| 2. Have experience in providing culturally competent pediatric | | | 21|mental health care; | | | 22| 3. Demonstrate the ability to provide high-quality mental | | | 23|health services and care coordination through telehealth; | | | 24| | | | Req. No. 12260 Page 5 ___________________________________________________________________________
1| 4. Demonstrate the ability to employ an adequate number of | | | 2|Oklahoma-licensed mental health care providers to meet the market | | | 3|demand for services under the program; | | | 4| 5. Have a technology platform for the provision and | | | 5|coordination of mental health care services that will be made | | | 6|available to participating school districts; | | | 7| 6. Can bill health carriers and the State Department of | | | 8|Education for provided services, including services provided to | | | 9|individuals enrolled in Oklahoma health care programs; and | | | 10| 7. Agree to provide mental health care services delivered | | | 11|through telehealth free of charge to students who are uninsured, and | | | 12|to waive or reimburse students for all cost-sharing incurred for | | | 13|mental health care services received through the program. | | | 14| D. The Department shall ensure that the contact between the | | | 15|Department and the selected telehealth provider requires the | | | 16|telehealth provider to: | | | 17| 1. Provide mental health care services delivered through | | | 18|telehealth free of charge to students who are uninsured; | | | 19| 2. Treat as if uninsured any minor who gives effective consent | | | 20|to mental health treatment and who would otherwise be subject to | | | 21|Section 2603 of Title 63 of the Oklahoma Statutes; | | | 22| 3. Waive or reimburse students or their families for all | | | 23|cost-sharing incurred for mental health care services received | | | 24|through the program; | | | Req. No. 12260 Page 6 ___________________________________________________________________________
1| 4. Provide the equipment, the telehealth platform, and access | | | 2|to the mental health care providers employed by the telehealth | | | 3|provider at no cost to the school district; and | | | 4| 5. Allow any school district to elect to participate in the | | | 5|program by entering into a contract with the telehealth provider. | | | 6| E. 1. School districts eligible to participate in the pilot | | | 7|program shall be selected by the Department, and shall be | | | 8|representative of the student population across the state. The | | | 9|Department shall prioritize eligibility by selecting at least one | | | 10|school from each of Oklahoma's congressional districts. | | | 11| 2. Using the most recently available data, school districts | | | 12|shall be selected so that the totality of students served by the | | | 13|program are reflective of the racial and economic populations of the | | | 14|state, including: | | | 15| a. the percentage of students eligible for free/reduced | | | 16| lunch, | | | 17| b. the percentage of students eligible for special | | | 18| education, | | | 19| c. the percentage of students identified as English | | | 20| learners, and | | | 21| d. the percentage of students identified by ethnic | | | 22| group, within five percent (5%) so long as any | | | 23| deviation does not eliminate the potential | | | 24| participation by any group of students. | | | Req. No. 12260 Page 7 ___________________________________________________________________________
1| 3. The following rubric shall be used to score applicant | | | 2|districts: | | | 3| a. economically disadvantaged: | | | 4| (1) less than 40% = 0 points, | | | 5| (2) 40% to 55% = 1 point, | | | 6| (3) 55.1% to 63% = 3 points, | | | 7| (4) 63.1% to 72% = 4 points, | | | 8| (5) 72.1% to 84% = 5 points, and | | | 9| (6) greater than 84.1% = 6 points, | | | 10| b. English learners: | | | 11| (1) less than 1% = 0 points, | | | 12| (2) 1% to 3% = 1 point, | | | 13| (3) 3.1% to 6% = 2 points, | | | 14| (4) 6.1% to 12.0% = 3 points, | | | 15| (5) 12.1% to 20% = 4 points, and | | | 16| (6) greater than 20.1% = 5 points, | | | 17| c. special education: | | | 18| (1) less than 11.0% = 0 points, | | | 19| (2) 11.1% to 14.0% = 1 point, | | | 20| (3) 14.1% to 17.0% = 2 points, | | | 21| (4) 17.1% to 20.0% = 3 points, | | | 22| (5) 20.1% to 25.0% = 4 points, and | | | 23| (6) greater than 25.1% = 5 points, and | | | 24| d. student population size: | | | Req. No. 12260 Page 8 ___________________________________________________________________________
1| (1) greater than 7,500 = 0 points, | | | 2| (2) 5,000 to 7,499 = 1 point, | | | 3| (3) 3,001 to 5,000 = 2 points, | | | 4| (4) 1,500 to 3,000 = 3 points, | | | 5| (5) 501 to 1,499 = 4 points, and | | | 6| (6) less than 500 = 5 points. | | | 7| F. 1. School districts electing to participate in the pilot | | | 8|program shall: | | | 9| a. be party to a valid contract with the selected | | | 10| telehealth provider, | | | 11| b. provide mental health care services through the | | | 12| program at no cost to all students enrolled in the | | | 13| district, and | | | 14| c. cooperate with the Department and telehealth provider | | | 15| to fulfill any reporting requirements under this | | | 16| section. | | | 17| 2. School districts participating in the pilot program shall | | | 18|not use the mental health care services made available under this | | | 19|section to supplant the daily student support provided in the school | | | 20|by educational student service providers, including, but not limited | | | 21|to, licensed school nurses, educational psychologists, school social | | | 22|workers, and school counselors. | | | 23| | | | 24| | | | Req. No. 12260 Page 9 ___________________________________________________________________________
1| G. Funds acquired or appropriated for the school-based | | | 2|telehealth program as described in this section shall only be used | | | 3|for the following purposes: | | | 4| 1. To pay the telehealth provider an annual capitation rate of | | | 5|up to Twenty-two Dollars ($22.00) per student enrolled in a | | | 6|participating school district; | | | 7| 2. To reimburse the telehealth provider for the one-time fixed | | | 8|costs for establishing the school-based telehealth pilot program in | | | 9|a school district; and | | | 10| 3. To evaluate the pilot program. | | | 11| H. 1. The Department, in cooperation with participating school | | | 12|districts, shall evaluate the extent to which the pilot program | | | 13|increases student access to mental health care services. By January | | | 14|15, 2027, and every two (2) years thereafter, the Department shall | | | 15|report the results of the evaluation to the legislative committees | | | 16|with jurisdiction over education finance and policy and health | | | 17|finance and policy. | | | 18| 2. School districts shall provide the Department with | | | 19|information the Department deems necessary to monitor the districts' | | | 20|compliance with paragraph 2 of subsection F of this section. The | | | 21|Department shall include in the Department's report to the | | | 22|Legislature the Department's conclusions regarding any evidence that | | | 23|participating school districts are violating paragraph 2 of | | | 24|subsection E of this section. | | | Req. No. 12260 Page 10 ___________________________________________________________________________
1| I. The Department shall seek funding from sources as may be | | | 2|available and authorized in order to implement the provisions of | | | 3|this section, including from charitable sources and non-state | | | 4|entities. The Department shall match all funds acquired from | | | 5|charitable sources and non-state entities. The Department shall not | | | 6|expend an amount in excess of the matching funds and total funds | | | 7|acquired by the Department pursuant to the provisions of this | | | 8|subsection. | | | 9| SECTION 2. This act shall become effective July 1, 2025. | | | 10| SECTION 3. It being immediately necessary for the preservation | | | 11|of the public peace, health or safety, an emergency is hereby | | | 12|declared to exist, by reason whereof this act shall take effect and | | | 13|be in full force from and after its passage and approval. | | | 14| | | | 15| 60-1-12260 SW 02/13/25 | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Req. No. 12260 Page 11