HB 1022

HLS 26RS-1450  ORIGINAL
 2026 Regular Session
 HOUSE BILL NO. 1022
 BY REPRESENTATIVE JACKSON
 HEALTH/SCHOOL CLINICS: Provides relative to health services provided to students
1AN ACT
2 To amend and reenact R.S. 17:173(A)(1) through (5) and (B) and 3996(B)(48) and to enact
3R.S. 17:173(C)(4), relative to health services provided to students; to require public
4school governing authorities to adopt policies providing for the provision of primary
5health services to students by primary care providers; to provide for definitions; to
6provide relative to certain contracts; to require the State Board of Elementary and
7Secondary Education to adopt rules; to provide for applicability; and to provide for
8related matters.
9 Be it enacted by the Legislature of Louisiana:
10Section 1. R.S. 17:173(A)(1) through (5) and (B) and 3996(B)(48) are hereby
11 amended and reenacted and R.S. 17:173(C)(4) is hereby enacted to read as follows:
12§173. Behavioral health and primary health services for students
13A.(1)(a) A public school governing authority shall not prohibit a behavioral
14health provider or primary care provider from providing medically necessary
15behavioral health or primary health services authorized by an independent third-party
16payor, including but not limited to Medicaid and commercial insurance, to a student
17at school during school hours if the student's parent or legal guardian requests such
18services from the provider.
19(b) The provisions of this Section shall apply to behavioral health services
20and primary health services provided on a school campus through a school-based
  Page 1 of 11
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-1450  ORIGINAL
  HB NO. 1022
1health clinic or other provider arrangement; however, nothing in this Section shall
2be construed to require any public school governing authority or school to establish
3or provide such services.
4(2) Each public school governing authority shall adopt and make available
5to the public a policy to implement the provisions of this Section. The policy shall
6not create onerous requirements for behavioral health providers or primary care
7providers resulting in a delay or barrier to the provision of medically necessary
8services. The policy, at a minimum, shall provide that:
9(a) A Each behavioral health provider who provides behavioral health
10services and primary care provider who provides primary health services pursuant
11to this Section shall maintain general liability insurance coverage in an amount not
12less than one million dollars per occurrence and one million dollars per aggregate
13and provide a certificate of insurance naming the public school as the certificate
14holder.
15(b) No person who has been convicted of or pled nolo contendere to a crime
16listed in R.S. 15:587.1(C) shall be permitted to provide behavioral health services or
17primary health services to a student at school during school hours. Prior to providing
18services as provided in this Section, a each behavioral health provider and primary
19care provider shall complete a criminal background check conducted by the
20Louisiana State Police and shall pay all related costs. However, applied behavior
21analysis providers who are licensed, certified, or registered by the Louisiana
22Behavior Analyst Board and primary care providers who are licensed, certified, or
23registered by their applicable licensing, certification, or registration board, who
24provide documentation of having passed a criminal background check conducted by
25the Louisiana State Police, and who are in good standing with the applicable board
26shall not be required by a public school governing authority to complete an
27additional criminal background check in order to begin providing behavioral health
28services or primary health services, as applicable, at a school.
  Page 2 of 11
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-1450  ORIGINAL
  HB NO. 1022
1(c) Behavioral health services and primary health services shall be permitted
2during school hours if the student's parent or legal guardian presents a behavioral
3health evaluation performed by an evaluator as well as an assessment and authorized
4treatment plan performed by a behavioral health provider chosen by the parent or
5legal guardian and the evaluation indicates that the services are has requested such
6services and a behavioral health provider or primary care provider determines that
7evaluation or treatment is necessary during school hours to assist the student with
8behavioral health impairments associated with a medical diagnosis that the evaluator
9determines are interfering with the student's ability to thrive in the educational
10setting or to assist the student with a health condition, illness, or injury requiring
11evaluation or treatment.
12(d) A behavioral health or primary health evaluation or assessment presented
13by the parent or legal guardian of a student shall not be construed as an independent
14educational evaluation for purposes of determining if a student meets the criteria
15established for eligibility for special education and related services.
16(e) A public school governing authority shall not prohibit a behavioral health
17or primary health evaluation, assessment, or authorized treatment plan from being
18performed on school property in order to establish medical necessity or deliver
19medically necessary services. Behavioral health services and primary health services
20may be provided during any part of the school day, including any and all
21instructional time in English, reading, mathematics, and science. The school
22administrator and service provider shall work collaboratively to create a consistent
23schedule that meets the medical needs of the student and complies with the provider's
24ethical code of conduct. In developing the student's plan, consideration shall include
25impacts on a school's operations and a student's testing schedule. If the parties
26cannot agree, then the parties shall engage in a dispute resolution process set forth
27by the state Department of Education in accordance with Subsection D of this
28Section.
  Page 3 of 11
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-1450  ORIGINAL
  HB NO. 1022
1(f)(i) A public school governing authority shall not enter into a contract or
2an exclusive agreement with a behavioral health provider that prohibits the parent
3or legal guardian from choosing the behavioral health provider for the student.
4However the provisions of this Subparagraph Item shall not impair any extant
5contract on the effective date of this Section, August 1, 2018, or the renewal thereof.
6(ii) A public school governing authority shall not enter into a contract or an
7exclusive agreement with a primary care provider that prohibits the parent or legal
8guardian from choosing the primary care provider for the student. However the
9provisions of this Item shall not impair any extant contract on August 1, 2026, or the
10renewal thereof.
11(g) The cost of all behavioral health services and primary health services
12provided to a student shall be the sole responsibility of the parent or legal guardian,
13individually or through an applicable health insurance policy, Medicaid, or other
14third-party payor, other than the public school governing authority, that has made
15funds available for the payment for the services provided.
16(h) While on a school campus, a each behavioral service health provider and
17primary care provider shall comply with, and abide by, the terms of any
18Individualized Education Plan, Individualized Accommodation Plan, Section 504
19Plan, Behavior Management Plan, or Individualized Health Plan applicable to a
20student who is a patient of the provider. The services furnished by a provider shall
21be incorporated into a written treatment plan applicable to a student.
22(i) The parent or legal guardian of a student receiving services from a
23behavioral service provider shall be required to execute a "consent to release
24information form" between the provider and the public school governing authority.
25Notwithstanding any provision of this Section to the contrary, a school-based health
26center shall not be required to enter into a consent to release information agreement
27with a public school governing authority that requires the disclosure of protected
28health information. Any information shared by a school-based health center with a
29public school governing authority shall be limited to nonclinical information
  Page 4 of 11
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-1450  ORIGINAL
  HB NO. 1022
1necessary for care coordination, student safety, or compliance with applicable law
2and shall be subject to all applicable state and federal confidentiality requirements,
3including but not limited to the Health Insurance Portability and Accountability Act
4and the Family Educational Rights and Privacy Act.
5(j) A public school governing authority shall establish reporting requirements
6for a behavioral health provider and primary care provider related to the student's
7progress and student and school safety concerns as related to the student's
8educational program.
9(k) A public school governing authority may establish sanctions, including
10termination of a provider's authorization to provide services on any school campus,
11against a behavioral health provider or primary care provider for failure to comply
12with the governing authority's policy.
13(l) The determination of the need for a behavioral health or primary health
14evaluation and behavioral health or primary health services shall be made by a
15behavioral health provider or primary care provider acting within the scope of his
16professional license. No school employee who is not licensed to provide healthcare
17services shall determine whether a student may receive an evaluation or treatment
18by a behavioral health provider or primary care provider.
19(3) The failure of a public school governing authority to adopt a policy shall
20not be cause to prohibit the provision of behavioral health services or primary health
21services to a student as provided in this Section.
22(4) Any behavioral health or primary health evaluation, assessment, or
23treatment plan administered by a public school governing authority shall not
24supercede supersede the behavioral health evaluation, assessment, or treatment plan
25provided by an independent behavioral health provider or primary care provider of
26a student's parent's choosing.
27(5)(a) Any applied behavior analysis services provided by a governing
28authority as provided in this Section shall be delivered either by behavioral health
29providers licensed, certified, or registered by the Louisiana Behavior Analyst Board
  Page 5 of 11
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-1450  ORIGINAL
  HB NO. 1022
1in accordance with R.S. 37:3701 et seq. or behavioral health providers providing
2services in accordance with R.S. 37:3715.
3(b) Any primary health services provided by a governing authority as
4provided in this Section shall be delivered by primary care providers licensed,
5certified, or registered by their applicable health profession licensing board.
6*        *  *
7B. For purposes of this Section, the following terms shall have the following
8meanings:
9(1) "Applied behavior analysis provider" shall mean means a provider who
10is licensed, certified, or registered by the Louisiana Behavior Analyst Board and is
11in good standing to provide applied behavior analysis services.
12(2) "Applied behavior analysis services" shall include means the design,
13implementation, and evaluation of systematic instructional and environmental
14modifications by an applied behavior analysis provider to produce socially
15significant improvements in behavior as described in the Behavior Analyst Practice
16Act. provided in Chapter 60 of Title 37 of the Louisiana Revised Statutes of 1950.
17(3) "Behavioral health or primary health evaluation" shall include but not be
18limited to the following criteria:
19(a) Diagnosis.
20(b) Type of intervention.
21(c) Length of intervention.
22(d) Identification of a student's goals.
23(e) Identification of impact of student behavior on a student's educational
24program.
25(f) Recommendations for behavioral health services, including but not
26limited to applied behavior analysis services, or primary health services.
27(4)     "Behavioral health evaluator" means a licensed psychiatrist,
28psychologist, medical psychologist, licensed specialist in school psychology,
29professional counselor, marriage and family therapist, clinical social worker, or
  Page 6 of 11
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-1450  ORIGINAL
  HB NO. 1022
1applied behavior analysis healthcare provider who is certified by the respective board
2of examiners in Louisiana to provide necessary evaluations and who is not an
3employee of the public school governing authority or the state Department of
4Education.
5(4) (5) "Behavioral health provider" shall mean means a provider who is
6licensed by the Louisiana Department of Health or a health profession licensing
7board and is in good standing to provide behavioral health services in Louisiana
8including but not limited to a psychiatrist, psychologist, medical psychologist,
9licensed specialist in school psychology, marriage and family therapist, professional
10counselor, clinical social worker, applied behavior analysis provider, or a behavioral
11health provider organization licensed to provide behavioral health services in
12Louisiana.
13(5) (6) "Behavioral health services" shall include includes but not be is not
14limited to individual psychotherapy, family psychotherapy, psychotropic medication
15management, community psychiatric support and treatment, crisis intervention, and
16medically necessary applied behavior analysis services.
17(6) "Evaluator" shall mean a licensed psychiatrist, psychologist, medical
18psychologist, licensed specialist in school psychology, professional counselor,
19marriage and family therapist, clinical social worker, or applied behavior analysis
20provider who is certified by the respective board of examiners in Louisiana to
21provide necessary evaluations and who is not an employee of the public school
22governing authority or the state Department of Education.
23(7) "Independent third-party payor" means an individual who serves as a
24case reviewer for Medicaid or commercial insurers.
25(8) "Medically necessary services" means services that meet the following
26requirements as determined by the behavioral health provider or primary care
27provider, as applicable, or the applicable independent third-party payor:
28(a) Provided for the diagnosis, treatment, cure, or relief of a health condition,
29illness, injury, or disease.
  Page 7 of 11
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-1450  ORIGINAL
  HB NO. 1022
1(b) Except for clinical trials that are described within the policy, not for
2experimental, investigational, or cosmetic purposes.
3(c)   Within the generally accepted standards of medical care in the
4community.
5(d) Not solely for the convenience of the insured, the insured's family, or the
6provider.
7(9)   "Primary care provider" means a physician or other healthcare
8practitioner who is licensed, certified, registered, or otherwise authorized by law to
9perform primary health services consistent with state law.
10(10) "Primary health evaluator" means a licensed primary care provider who
11is certified by his applicable health profession licensing board to provide necessary
12evaluations and who is not an employee of the public school governing authority or
13the state Department of Education.
14(11) "Primary health services" means routine healthcare services, including
15screening, assessment, diagnosis, treatment for promotion of health, and detection
16and management of disease or injury.
17C. Nothing in this Section shall be construed to supersede any of the
18following:
19*        *  *
20(4) Any law pertaining to the licensure, certification, or registration of a
21primary care provider by the applicable health professional licensing board or the
22practice of any primary care provider or any regulation promulgated by the Louisiana
23Department of Health pursuant to any such law.
24*        *  *
25§3996. Charter schools; exemptions; requirements
26*        *  *
27B. Notwithstanding any state law, rule, or regulation to the contrary and
28except as may be otherwise specifically provided for in an approved charter, a
29charter school established and operated in accordance with the provisions of this
  Page 8 of 11
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
 HLS 26RS-1450  ORIGINAL
  HB NO. 1022
1Chapter and its approved charter and the school's officers and employees shall be
2exempt from all statutory mandates or other statutory requirements that are
3applicable to public schools and to public school officers and employees except for
4the following laws otherwise applicable to public schools with the same grades:
5*        *  *
6(48) Behavioral health and primary health services for students, R.S. 17:173.
7*        *  *
8Section 2. The State Board of Elementary and Secondary Education, in consultation
9 with the Louisiana Department of Health, the Louisiana State Board of Medical Examiners,
10 and the Louisiana State Board of Nursing, shall promulgate rules in accordance with the
11 Administrative Procedure Act for the implementation of R.S. 17:173 as amended and
12 reenacted by Section 1 of this Act.
  DIGEST
 The digest printed below was prepared by House Legislative Services. It constitutes no part
 of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
 part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
 HB 1022 Original  2026 Regular Session  Jackson
 Abstract: Provides relative to the provision of primary health services to students by
  primary care providers.
 Present law provides relative to behavioral health services for students. Proposed law
 broadens the application of present law to also apply to primary health services for students
 as follows:
 (1)    Present law prohibits public school governing authorities from prohibiting behavioral
  health providers from providing medically necessary behavioral health services to
  a student during school hours if the parent requests the services. Proposed law also
  applies this to primary health services provided by primary care providers and
  provides that what is "medically necessary" is determined by the provider or third-
  party payor.
 (2)    Present law requires public school governing authorities to adopt policies for present
  law implementation that shall not create onerous requirements for behavioral health
  providers. Proposed law also applies this to primary care providers.
 (3)    Present law requires behavioral health providers who provide services pursuant to
  present law to maintain a minimum amount of general liability insurance coverage.
  Proposed law also applies this to primary care providers.
 (4)    Present law prohibits anyone who has been convicted of crime listed in present law
  (R.S. 15:587.1(C)) from providing behavioral health services during school hours
  and requires that he complete a criminal background check and pay all related costs;
  Page 9 of 11
 CODING: Words in struck through type are deletions from existing law; words underscored
 are additions.
HLS 26RS-1450  ORIGINAL
  HB NO. 1022
   provides exceptions for those who are in good standing their licensing board and
   submit documentation of having passed a criminal background check. Proposed law
   also applies this to primary care providers.
(5)    Present law provides that behavioral health services are permitted during school
   hours if the student's parent or legal guardian presents an evaluation that indicates
   that the services are necessary. Proposed law allows them if requested by the parent
   instead of if an evaluation is presented and also applies this to primary health
   services.
(6)    Present law provides that a behavioral health evaluation presented by the parent shall
   not be construed as an independent educational evaluation for purposes of
   determining if a student is eligible for special education and related services.
   Proposed law also applies this with respect to primary health evaluations.
(7)    Present law provides that a public school governing authority shall not prohibit a
   behavioral health evaluation, assessment, or treatment plan from being performed
   on school property in order to establish medical necessity or deliver medically
   necessary services, allows behavioral health services to be provided during any part
   of the school day, and provides for a dispute resolution process if parties cannot
   agree on a service delivery plan. Proposed law also applies this with respect to
   primary health services.
(8)    Present law prohibits a public school governing authority from entering into a
   contract with a behavioral health provider that prohibits the parent from choosing the
   provider. Proposed law also applies this with respect to primary care providers.
   Present law provides that present law shall not impair any extant contract with a
   behavioral health provider on the effective date of present law (no specific date
   provided). Proposed law adds that proposed law shall not impair any extant contract
   relative to behavioral health providers in effect on the effective date of present law
   (specifying such date as August 1, 2018) or any extant contract relative to primary
   care providers on the effective date of proposed law (August 1, 2026).
(9)    Present law provides that the cost of all behavioral health services provided to a
   student shall be the sole responsibility of the parent or legal guardian, individually
   or through an applicable health insurance policy, Medicaid, or other third-party
   payor that has made funds available for payment of services. Proposed law also
   applies this with respect to primary health services.
(10)   Present law provides that while on a school campus, a behavioral health provider
   shall comply with, and abide by, the terms of a student's Individualized Education
   Plan, Individualized Accommodation Plan, Section 504 Plan, Behavior Management
   Plan, or Individualized Health Plan. Proposed law also applies this with respect to
   primary care providers.
(11)   Present law requires the parent of a student receiving services from a behavioral
   service provider to execute a "consent to release information form" between the
   provider and the public school governing authority. Proposed law provides instead
   that a school-based health center shall not be required to enter into a consent to
   release information agreement with a public school governing authority that requires
   the disclosure of protected health information. Further provides that any information
   shared by a school-based health center with a public school governing authority shall
   be limited to nonclinical information and shall be subject to all applicable state and
   federal confidentiality requirements.
(12)   Present law requires a public school governing authority to establish reporting
   requirements for behavioral health providers. Proposed law additionally applies this
   to primary care providers.
  Page 10 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
HLS 26RS-1450  ORIGINAL
  HB NO. 1022
(13)   Present law authorizes public school governing authorities to establish sanctions,
   including termination of a provider's authorization to provide services on any school
   campus, against a behavioral health provider for failure to comply with the
   governing authority's policy. Proposed law additionally applies this with respect to
   primary care providers.
(14)   Present law provides that the failure of a public school governing authority to adopt
   a policy shall not be cause to prohibit the provision of behavioral health services.
   Proposed law additionally applies this with respect to primary care providers.
(15)   Present law provides that any behavioral health evaluation, assessment, or treatment
   plan administered by a public school governing authority shall not supersede the
   evaluation, assessment, or treatment plan provided by an independent behavioral
   health provider chosen by the parent. Proposed law additionally applies this with
   respect to primary health evaluations and primary care providers.
(16)   Present law provides that any applied behavior analysis services provided by a
   governing authority as provided in present law shall be delivered either by behavioral
   health providers licensed, certified, or registered by the La. Behavior Analyst Board
   or behavioral health providers providing services in accordance with present law
   (R.S. 37:3715). Proposed law adds that any primary health services provided by a
   governing authority as provided in proposed law shall be delivered by primary care
   providers licensed, certified, or registered by their applicable health profession
   licensing board.
(17)   Present law provides that nothing in present law supersedes present law relative to
   the licensing and practice of behavior health providers. Proposed law provides that
   nothing in proposed law supersedes present law relative to the licensing and practice
   of primary care providers.
Proposed law provides that the determination of the need for medical evaluation or
healthcare services shall be made by a behavioral health or primary care provider acting
within the scope of his professional license and that no school employee who is not licensed
shall determine whether a student may receive evaluation or treatment by such a provider.
Proposed law provides that present law and proposed law apply to behavioral health services
and primary health services provided on a school campus through a school-based health
clinic or other provider arrangement but that nothing in present law or proposed law shall
be construed to require any public school governing authority or school to establish or
provide such services.
Proposed law provides for the following definitions for these terms as used in proposed law:
(1)    "Primary care provider" means a physician or other healthcare practitioner who is
   licensed, certified, registered, or otherwise authorized by law to perform primary
   health services consistent with state law.
(2)    "Primary health services" means routine healthcare services, including screening,
   assessment, diagnosis, treatment for promotion of health, and detection and
   management of disease or injury.
Proposed law requires the State Bd. of Elementary and Secondary Education, in consultation
with the La. Dept. of Health, La. State Bd. of Medical Examiners, and La. State Bd. of
Nursing, to promulgate rules for proposed law implementation.
Present law and proposed law are applicable to all public schools, including charter schools.
(Amends R.S. 17:173(A)(1)-(5) and (B) and 3996(B)(48); Adds R.S. 17:173(C)(4))
  Page 11 of 11
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.