HB 1022 (2026, Louisiana) – Summary of health services provided to students via school-based primary health care
Purpose and intent
- Expands the scope of health services available to students on public school campuses to include primary health services provided by primary care providers, in addition to the existing behavioral health services framework.
- Aims to ensure medically necessary primary health services can be delivered at school when requested by a parent or guardian, while preserving parental choice and alignment with third-party payors.
Key provisions and changes
- Applicability: Applies to behavioral health services and, new in this bill, to primary health services provided on school campuses through a school-based health clinic or other provider arrangement.
- School policy requirement: Public school governing authorities must adopt and provide a policy implementing these provisions; policies must avoid creating barriers or delays in service delivery.
- Insurance and contracting requirements:
- Providers (behavioral health and primary care) must carry minimum liability insurance (not less than $1,000,000 per occurrence and $1,000,000 aggregate) and name the school as certificate holder.
- Providers must pass criminal background checks; exceptions apply for licensed/certified providers already in good standing with their boards who have verified background checks, with a similar protection for primary care providers.
- Contracts: prohibits exclusive contracts that deny a parent the choice of provider; existing contracts in effect on August 1, 2018 (behavioral health) or August 1, 2026 (primary care) are grandfathered.
- Medical necessity and timing:
- Services may be provided during school hours if requested by a parent or guardian, with medical necessity determined by the provider or independent third-party payor.
- Behavioral health evaluations or primary health evaluations presented by a parent are recognized as basis for services, and do not function as independent educational evaluations for special education eligibility.
- Services can be delivered during any part of the school day, including instructional time; a collaborative, flexible scheduling approach is encouraged with a dispute-resolution process overseen by the Department of Education if needed.
- Patient and privacy protections:
- Counseling and health services must align with each student’s IEP, 504 Plan, or health plans where applicable; information sharing is limited to nonclinical data unless required for care coordination and compliant with HIPAA and FERPA.
- A school-based health center is not required to disclose protected health information beyond what is necessary for care coordination and safety.
- Cost responsibility: The parent or guardian (or their insurance/Medicaid/third-party payor) remains responsible for the cost of services; schools may not bear these costs.
- Oversight and implementation:
- The State Board of Elementary and Secondary Education, in consultation with the Department of Health, the Medical Examiners Board, and the Board of Nursing, will promulgate rules to implement these provisions.
- Charter schools: Applies to all public schools, including charter schools; charter exemptions remain consistent with existing law.
Definitions introduced
- Primary care provider: Licensed or otherwise authorized to provide primary health services.
- Primary health services: Routine health care including screening, assessment, diagnosis, treatment for health promotion, and management of disease or injury.
- Other terms mirror existing definitions for behavioral health providers, evaluators, and related concepts.
Impact overview
- Students in public (including charter) schools could access on-site primary health services by licensed primary care providers, subject to parental consent and insurance arrangements.
- Schools would implement policies, dispute-resolution processes, and reporting mechanisms to monitor progress and safety.
- The bill emphasizes parental choice, confidentiality, appropriate licensing, and the collaborative integration of school-based health services with existing education plans.