HBA-NRS C.S.H.B. 101 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 101
By: Maxey
Public Health
4/4/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The federal Breast and Cervical Cancer Prevention and Treatment Act of 2000
allows states to choose to receive federal Medicaid matching funds to
provide medical care and treatment to low-income women under age 65 who
need treatment for breast or cervical cancer and were screened as part of
the National Breast and Cervical Cancer Early Detection Program. C.S.H.B.
101 requires the state to provide medical assistance to a person in need of
treatment for breast or cervical cancer who is eligible for such assistance
under the federal Breast and Cervical Cancer Prevention and Treatment Act
of 2000. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 1 (Section 32.024, Human Resources Code). 

ANALYSIS

C.S.H.B. 101 amends the Human Resources Code to require the Health and
Human Services Commission (HHSC) to provide medical assistance to a person
in need of treatment for breast or cervical cancer who is eligible for that
assistance under the federal Breast and Cervical Cancer Prevention and
Treatment Act of 2000 for a continuous period during which the person
requires the treatment. The bill requires HHSC to simplify the provider
enrollment process for a provider of that medical assistance and to adopt
rules to provide for certification of presumptive eligibility of a person
for that assistance. In determining a person's eligibility for medical
assistance for treatment of breast or cervical cancer the bill prohibits
HHSC to the extent allowed by federal law from requiring a personal
interview.  

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 101 modifies the original bill to require treatment for qualified
recipients of medical assistance for a continuous period during which a
person requires treatment. The substitute requires HHSC to simplify the
provider enrollment process and to adopt rules to provide for certification
of presumptive eligibility. The substitute prohibits HHSC from requiring a
personal interview to determine eligibility.