HBA-DMH C.S.S.B. 43 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 43
By: Zaffirini
Public Health
5/5/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the application process for children that are eligible
for Medicaid can be complex and confusing for those required to go through
the process.  The state child health plan (CHIP) application process is
much less complex.  Simplifying the Medicaid enrollment process for
children could increase the number of enrolled children, which could
benefit the state by reducing the number of children absent from school and
the number of parents unexpectedly missing work to care for a sick child.
C.S.S.B. 43 modifies the application requirements for Medicaid to
streamline the application and renewal process. 

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 3 (Section 32.0261, Human Resources Code) and SECTION
5 of this bill. 

ANALYSIS

C.S.S.B. 43 amends the Human Resources Code to require the Health and Human
Services Commission (HHSC) to adopt application forms and procedures for a
request for medical assistance provided to children under 19 years of age
(child) that are similar to application forms and procedures adopted under
the state child health plan (CHIP).  The bill requires HHSC to permit an
application requesting medical assistance for a child to be conducted by
mail instead of through a personal appearance at an HHSC office. In
adopting rules, HHSC is required to ensure that documentation and
verification procedures used in determining and certifying a child's
eligibility and need for medical assistance, including the procedures used
to evaluate the assets and resources of the child, the child's parents, or
the child's other caretaker are the same as those used to determine and
certify a child's eligibility for CHIP coverage.  The bill provides the
exception that the procedure adopted may not be more stringent than the
procedures under CHIP existing on January 1, 2001.  The bill also requires
HHSC to permit a recertification review of the child's eligibility and need
for medical assistance to be conducted by telephone or mail instead of in
person. 

The bill requires HHSC to adopt rules, in accordance with federal law, not
later than February 1, 2002, to provide for a period of continuous
eligibility for a child who is established eligible for the medical
assistance program.  The bill requires that the rules provide that such a
child remains eligible for medical assistance, without additional review by
HHSC and regardless of changes in the child's resources or income, until
the earlier of either the first anniversary of the date on which the
child's eligibility was determined or the child's 19th birthday.   

EFFECTIVE DATE

January 1, 2002.




 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 43 differs from the original bill by requiring the Health and
Human Services Commission to provide for a period of continuous eligibility
for a child under 19 years of age who is established to be eligible for
medical assistance.  The original provided for such a period of continuous
eligibility for a child under five year of age and authorized the expansion
of continuous eligibility to children under 19 years of age depending on
the availability of funds.