HBA-NMO C.S.H.B. 2565 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2565
By: Christian
Public Health
4/6/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law requires county hospitals to provide health care assistance to
indigent patients.  Patients from adjacent counties often obtain health
care at certain county hospitals. These patients are instructed to file the
required paperwork upon their release with their county of residence so
that the county may arrange payment to the hospital.  If a patient does not
file the paperwork, it may be difficult for the hospital to obtain payment.
C.S.H.B. 2565 authorizes a county hospital or hospital district to obtain
information from certain indigent patients to permit the county hospital or
hospital district to submit a claim to the county that is liable for
payment for health care services rendered to that patient, and amends
notification of services requirements.  This bill also requires the Texas
Department of Health to study the feasibility of the issuance of
identification cards for the purpose of delivering indigent health care. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 61, Health and Safety Code, by
adding Section 61.0335, as follows: 

Sec. 61.0335.  SERVICES PROVIDED BY PUBLIC HOSPITAL OR HOSPITAL DISTRICT;
INFORMATION NECESSARY TO DETERMINE ELIGIBILITY IN ADJACENT COUNTY.  (a)
Authorizes a public hospital or hospital district that provides health care
services to a patient who the public hospital or hospital district suspects
is an eligible county resident (an eligible resident of a county who does
not reside in the service area of a public hospital or hospital district)
for which a county is liable for health care services under Section 61.033
(Payment for Services) to require the patient to provide any information
necessary to establish that the person is an eligible county resident; and
authorize the release of information relating to the patient, including
medical information and eligibility information, to permit the public
hospital or hospital district to submit a claim to the county that is
liable under Section 61.033.   

(b) Requires a county that receives information under Subsection (a) to use
the information to determine whether the person to whom services were
provided is an eligible county resident and, if so, require the county to
pay the claim made by the public health hospital or hospital district in
accordance with this subchapter (County Responsibility for Persons Not
Residing in an Area Served by a Public Hospital or Hospital District). 

(c) Authorizes the application, documentation, and verification procedures
established by the Texas Department of Health (TDH) for counties under
Section 61.006 (Standards and Procedures) to include a standard format for
obtaining information under Subsection (a) to facilitate eligibility and
residence determinations. 

(d) Provides that a county is an adjacent county if it shares a border with
the service area  of the public hospital or hospital district, or all or
part of the service area of the public hospital or hospital district is
located in the county, but is not coextensive with the county. 

SECTION 2.  Amends Section 61.031(b), Health and Safety Code, to require a
health care provider that provides a patient with indigent health care
nonemergency services to notify the patient's county of residence of such
by telephone not later than the 72nd hour, rather than as soon as possible,
after the provider determines the patient's county of residence; and by
mail postmarked not later than the fifth, rather than third, working day
after the date on which the provider determines the patient's county of
residence. 

SECTION 3. Amends Section 61.032(a), Health and Safety Code, to make
conforming changes. 

SECTION 4.  Amends Section 61.058(b), Health and Safety Code, to make
conforming changes. 

SECTION 5.  Amends Section 61.059(a), Health and Safety Code, to make
conforming changes. 
  
SECTION 6.  Requires TDH to study the feasibility of requiring or
permitting a county, public hospital, and hospital district to issue a
uniform identification card to an eligible county resident or eligible
service area resident, as appropriate, that identifies the resident as
eligible for health care assistance under Chapter 61 (Indigent Health Care
and Treatment Act), Health and Safety Code. Requires TDH, not later than
December 15, 2000, to report the results of its study to the governor,
lieutenant governor, and the speaker of the house of representatives. 

SECTION 7.Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 by adding "adjacent"
to the title of proposed Section 61.0335, Health and Safety Code, to yield
"Services Provided by Public Hospital or Hospital District; Information
Necessary to Determine Eligibility in Adjacent County."  Adds Subsection
(d) to define an "adjacent county." 

The substitute differs from the original in SECTION 2 by amending Section
61.031(b), Health and Safety Code, to require a health care provider that
provides a patient with indigent health care nonemergency services to
notify the patient's county of residence of such by telephone not later
than the 72nd hour, rather than as soon as possible, after the provider
determines the patient's county of residence; and by mail postmarked not
later than the fifth, rather than third, working day after the date on
which the provider determines the patient's county of residence. 

The substitute adds SECTIONS 3, 4, and 5 to amend Sections 61.032(a),
61.058(b), and 61.059(a), Health and Safety Code, respectively, to make
changes conforming to SECTION 2. 

SECTIONS 6 and 7 of the substitute are redesignated from SECTIONS 2 and 3
of the original, respectively.