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.