HBA-RBT C.S.H.B. 3638 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3638
By: Naishtat
Human Services
4/9/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Almost all decisions made by a state agency or regulatory board are subject
to judicial review. However, decisions regarding Medicaid are not subject
to judicial review in state courts, only in federal court.  C.S.H.B. 3638
provides for state court judicial review of Medicaid. 
.  
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 Chapter 22, Human Resources Code, by adding section
22.0181, as follows: 

Sec.  22.0181.  JUDICIAL REVIEW.  (a) Defines "commission" to be the Texas
Health and Human Services Commission or an agency operating part of a
public assistance program under Chapter 31 (Financial Assistance and
Service Programs), 32 (Medical Assistance Program), or 33 (Nutritional
Assistance Programs), Human Resources Code, as appropriate.  

(b) Provides that Subchapters G (Contested Cases; Judicial Review) and H
(Court of Enforcement), Chapter 2001 (Administrative Procedure), Government
Code, govern an appeal of a commission decision related to public
assistance benefits under Chapter 31, 32, or 33,  brought by an applicant
for or a recipient of the benefits.   

(c) Provides that for purposes of Section 2001.171 (Judicial Review),
Government Code, an applicant for or recipient of public assistance
benefits under Chapter 31, 32, or 33, has exhausted all of the commission's
available administrative remedies when the commission after a hearing
reaches a final decision related to the benefits, including a decision
under Section 31.034 (Appeal From Local Administrative Units) or 32.035
(Appeals), Human Resources Code.  Provides that the applicant or recipient
is not required to file a motion for rehearing with the commission and the
commission's decision is considered final on the date it is rendered. 

(d) Prohibits the cost of preparing the record and the transcript from
being charged to the applicant for or recipient of the benefits. 

(e) Provides that an appeal described by Subsection (b) takes precedence
over all civil cases except workers' compensation and unemployment cases. 

(f) Provides that the appellee is the commission.

SECTION 2.  Amends Section 2001.223, Government Code, to delete language
referring to an exception in regards to the granting, payment, denial, or
withdrawal of financial or medical assistance or benefits under service
programs of the Texas Department of Human Services.  Makes a change to
conform to the recodification of the statutes. 

 SECTION 3.  Amends Subchapter I, Chapter 2001, Government Code, by adding
Section 2001.2231, as follows: 

Sec.  2001.2231.  EXCEPTION FROM DECLARATORY JUDGMENT AND CONTESTED CASE
PROVISIONS.  Provides that Section 2001.038 (Declaratory Judgment) and
Subchapter C through F, Chapter 2001 (Administrative Procedure), Government
Code, do not apply to the granting, payment, denial, or withdrawal of
public assistance benefits under Chapter 31, 32, or 33, Human Resources
Code. 

SECTION 4.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 5.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in each proposed section by specifying
that it applies to public assistance benefits under Chapter 31 (Financial
Assistance and Service Programs), 32 (Medical Assistance Program), or 33
(Nutritional Assistance Programs), Human Resources Code, rather than
medical assistance administered by the commission.  Makes conforming and
nonsubstantive changes.