HBA-TBM, CCH H.B. 3365 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3365
By: Maxey
Human Services
7/3/2001
Enrolled



BACKGROUND AND PURPOSE 

Texas Health Steps (THSteps) is the largest and most comprehensive medical
and dental prevention and treatment program for children of low income
families.  Prior to the 77th Legislature, many social workers who provided
THSteps medical case management services (services) were at risk of no
longer being permitted to provide these services.  The reason for this was
that THSteps services  met the Texas State Board of Social Worker
Examiners' (TSBSWE) definition for "private and independent practice" that
can only be provided by Licensed Master Social Worker Advanced
Practitioners (LMSW-APs) and Licensed Master Social Worker-Advanced
Clinical Practitioners (LMSW-ACPs).  Unfortunately, few LMSW-APs or
LMSW-ACPs enrolled as providers for THSteps services.  Consequently, many
children were in jeopardy of losing important health and developmental
services.  House Bill 3365 requires TSBSWE to adopt rules necessary to
permit social workers to provide case management services in the THSteps
program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Social Worker
Examiners in SECTION 1 (Section 505.201, Occupations Code) and SECTION 2 of
this bill.   

ANALYSIS

House Bill 3365 amends the Occupations Code require the Texas State Board
of Social Worker Examiners (TSBSWE) to adopt rules not later than the 120th
day after the effective date of this bill as necessary to permit a social
worker to provide medical case management services (services) under
Medicaid to the extent the program is administered by the Texas Department
of Health (TDH).  The bill prohibits TSBSWE from adopting rules that impede
the accessibility of services under Medicaid.  During the time in which the
adoption of rules by TSBSWE is pending, a social worker is permitted to
provide services under the Medicaid program to the extent that the program
is administered by TDH.   

EFFECTIVE DATE

May 28, 2001.