BILL ANALYSIS Public Health Committee H.B. 997 By: Henry Cuellar 03-14-95 Committee Report (Amended) BACKGROUND Children not covered by Medicaid often are not given adequate medical care when needed. Although parental resources exclude these children from qualifying for Medicaid, the families are often too poor to afford to visit a family doctor. Currently in Texas, many children end up in hospital emergency rooms for nonemergency medical treatment because the public hospitals in Texas do not turn anyone away. The cost for this type of treatment, however, is approximately three times higher than a visit to a doctor's office. This legislation proposes establishing a pilot program to provide primary-care health insurance coverage for children younger than 13 years of age who are not already covered under Medicaid. The intention of this bill is to provide the program through local public schools and use Florida's "Healthy Kids Corporation" as a model. The Florida Legislature created the "Healthy Kids Corporation" in 1990 to provide health insurance coverage through participating public schools, with families paying a sliding fee based on income. PURPOSE The bill requires the Texas Department of Health to establish a pilot program to provide health insurance coverage for children under age 13 who are ineligible for Medicaid and authorizes the State Medicaid office to develop a waiver for such a pilot in one area of the state. RULEMAKING AUTHORITY It is the committee's opinion that this bill grants additional rule making authority to the Texas Department of Health in Section 1(c) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. PILOT PROGRAM. This act creates a pilot program under the auspices of the Texas Department of Health, with the following provisions: (a) Requires the TDH to establish a pilot program to provide primary care health insurance coverage to eligible children. (b) Allows TDH to provide such a program through local public schools and to use the Florida "Healthy Kids Corporation" as a model. (c) Requires TDH, by rule, to prescribe eligibility criteria and set a sliding fee scale based on income. (d) Requires the TDH to report to the Governor and the 74th and 75th Legislatures about the success of the program. (e) Authorizes the State Medicaid program to develop a waiver for a pilot program, in one area of the state, which would provide access to health insurance to children whose parents do not have access to private insurance. Stipulates that existing federal, state or local funds and private monies will be used and prohibits the use of any new state funds. Requires the pilot to include sliding scale, cost-sharing by the family served. SECTION 2. EFFECTIVE DATE AND EXPIRATION DATE; WAIVER. (a) Effective: September 1, 1995. (b) Expires: September 1, 1999. (c) If the TDH determines a waiver from a federal agency is necessary to implement the act, it must first be granted. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENT Committee Amendment 1 adds subsection (e) to Section 1 of this bill, authorizing the State Medicaid program to establish a pilot program which provides health insurance to children whose parents do not have access to private health insurance and prohibiting the use of any new state funds in establishing the program. SUMMARY OF COMMITTEE ACTION H.B. 997 was considered by the Public Health Committee in a public hearing on February 28, 1995. The bill was left pending in committee. The bill was considered in a public hearing on March 14, 1995, as pending business. The committee considered one amendment to the bill. The amendment was adopted without objection. The following persons testified for the bill: Representative Henry Cuellar, author of the bill. Dr. Clift Price, representing Texas Pediatric Society. Lisa McGiffert, representing Consumers Union. The following person testified neutrally on the bill: David R. Smith, M.D., representing Texas Department of Health. The bill was reported favorably as amended, with the recommendation that it do pass and be printed, by a record vote of 8 Ayes, 0 Nays, 0 PNV, and 1 Absent.