BILL ANALYSIS H.B. 2021 By: Berlanga 04-04-95 Committee Report (Unamended) BACKGROUND Federally Qualified Health Centers (FQHCs) are a provider type under Medicare and Medicaid law. All FQHCs are nonprofit or public health organizations located in urban and rural areas designated as medically underserved areas or populations. A majority of patients seen at these health centers are indigent or uninsured. Pursuant to a federal statute, providers that automatically qualify for FQHCs status receive federal grants as migrant, community or homeless health centers. Additionally, the FQHCs law states that providers meeting all requirements for receiving such grants, but not actually receiving such grants, may apply for FQHCs status. These providers are commonly called "look-alikes." There are currently eight look-alikes designated in Texas. Currently, Texas statutes provide migrant, community and homeless health centers the ability to contract or employ physicians or dentists. This legislation extends the right to all FQHCs. PURPOSE H.B. 2021 would allow FQHCs to employ physicians and dentists in order to allow FQHCs to bill Medicaid and Medicare directly and not violate either the Texas Medical Practice Act or the Texas Dental Practice Act. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sec. 5.01(b), Medical Practice Act, (Article 4495b, Vernon's Texas Civil Statutes), by allowing the Texas Board of Health to approve and certify a health organization to contract with or employ physicians licensed by the Board if the organization provides proof that it (1) is a non-profit organization under the Texas Non-Profit Corporation Act, and that it (2) is organized and operated as a migrant, community or homeless health center in compliance with 42 United States Code (U.S.C.), Section 254b, 254c or 256, or as a FQHC under 42 U.S.C., Section 1396d(l)(2)(B). Deletes the reference to contracting with or employing physicians in subsection (b)(2), thereby expanding the qualifications for these physicians to include Subsection (b)(1) as well. SECTION 2. Amends Article 4551n(a), Revised Statutes, by allowing the Board to approve and certify a health organization to contract with or employ dentists licensed by the Board if the organization provides proof that it (1) is a non-profit organization under the Texas Non-Profit Corporation Act, and that it (2) is organized and operated as a migrant, community or homeless health center in compliance with 42 U.S.C., Section 254(b), 254(c), or 256, or as a FQHC under 42 U.S.C., Section 1396d(l)(2)(B). Deletes the reference to contracting with or employing dentists in subsection (a)(2), thereby expanding the qualifications for these dentists to include subsection (a)(1) as well. SECTION 3. Emergency clause. Effective date: upon passage.SUMMARY OF COMMITTEE ACTION H.B. 2021 was considered by the Public Health Committee in a public hearing on April 4, 1995. The following person testified in favor of the bill: Jose Camacho, representing Texas Association of Community Health Centers. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 7 Ayes, 0 Nays, 0 PNV, 2 Absent.