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


Office of House Bill AnalysisC.S.H.B. 3365
By: Maxey
Human Services
4/6/2001
Committee Report (Substituted)



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.  Many social workers who currently provide THSteps medical case
management services (services) will no longer be permitted to provide these
services.  The reason for this is that THSteps services  meet the Texas
State Board of Social Worker Examiners' (board) definition for "private and
independent practice" that can only be provided by Licensed Master Social
Worker Advanced Practitioners (LMSW-APs) and Licensed Master Social
WorkerAdvanced Clinical Practitioners (LMSW-ACPs).  Unfortunately, few
LMSW-APs or LSMW-ACPs have enrolled as providers for THSteps services.
Consequently, many children are in jeopardy of losing important health and
developmental services.  C.S.H.B. 3365 requires the board 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

C.S.H.B. 3365 amends the Occupations Code require the Texas State Board of
Social Worker Examiners (board) 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 the
medical assistance program to the extent the program is administered by the
Texas Department of Health (TDH).  The bill prohibits the board from
adopting rules that impede the accessibility of services under the medical
assistance program.  During the time in which the adoption of rules by the
board is pending, a social worker is permitted to provide services under
the medical assistance program to the extent that the program is
administered by TDH.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3365 differs from the original by removing the provision setting
forth that the Professional Social Work Act does not limit a person
licensed under the Act from providing medical case management services
(services) in the Medicaid program.  The substitutes requires the Texas
State Board of Social Worker Examiners to adopt rules permitting a social
worker to provide such services.  The substitute authorizes a social worker
to continue to provide services until such rules are created.