BILL ANALYSIS

C.S.H.B. 4627

By: Klick

Human Services

Committee Report (Substituted)

BACKGROUND AND PURPOSE

State law currently limits the ability of the Health and Human Services Commission (HHSC) to implement a true open model system that mitigates administrative burdens of providers required to use electronic visit verification (EVV). The current language creates additional administrative procedures for HHSC to work with systems other than the state contracted system, which is creating a backlog for approvals and is increasing costs to providers. C.S.H.B. 4627 seeks to allow HHSC to create a standardized set of criteria for all EVV vendors, ensure agencies the choice of vendors, and ensure oversight of vendors approved by HHSC.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 4627 amends the Government Code to expand the scope of provisions authorizing the Health and Human Services Commission (HHSC) to recognize a health care provider's proprietary electronic visit verification system as complying with the requirement for providers to report certain information regarding personal care services, attendant care services, or other services identified by HHSC that are provided to Medicaid recipients to HHSC's electronic visit verification system. The bill authorizes HHSC to recognize instead any alternative electronic visit verification system, including a system purchased or developed by the provider. The bill includes rules governing alternative electronic visit verification system approval among the rules that must be adopted by the executive commissioner of HHSC to facilitate the use of electronic visit verification systems. The bill provides for the delayed implementation of any provision for which an applicable state agency determines a federal waiver or authorization is necessary for implementation until the waiver or authorization is requested and granted.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 4627 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute omits the provision from the introduced making the reimbursement of a provider that uses an alternative electronic verification system mandatory by removing the language conditioning the requirement for the executive commissioner to provide reimbursement on it being feasible to do so.