HBA-NIK H.B. 2748 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2748 By: Smithee Insurance 3/28/1999 Introduced BACKGROUND AND PURPOSE Current state and federal laws require all newborns to be tested for certain treatable genetic and metabolic disorders. This testing is known as "well-child care from birth" and health care plans are currently responsible for providing payment for such examinations. Until 1998, reimbursement for Newborn Screening (NBS) for all children was the responsibility of the Texas Department of Health (TDH). However, in early 1998, TDH imposed a fee on private pay patients under a rider relating to the building of its new laboratory. While health plans are responsible for providing payments for the examinations, the reimbursements have not been consistent. H.B. 2748 clarifies that NBS for genetic diseases is considered a part "of well-child care from birth" under federal and state law and, therefore, is covered under health plans. This bill also allows the Texas Department of Insurance to enforce this legislation with respect to health plans that are not currently covering NBS. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Health in SECTION 1 (Chapter 20A, Section 9E, V.T.C.S.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 20A, V.T.C.S. (The Texas Health Maintenance Organization Act), by adding Section 9E, as follows: Sec. 9E. WELL-CHILD CARE FROM BIRTH. Defines "well-child care from birth." Requires each health maintenance organization to ensure that each health care plan provided by the organization includes well-child care from birth that complies with the federal requirements adopted under Chapter XI, Public Health Service Act (42 U.S.C. Section 300e et seq.), and its subsequent amendments, and the rules adopted by the Texas Department of Health to implement those requirements. SECTION 2. Emergency clause.