BILL ANALYSIS



C.S.H.B. 2810
By: Coleman
05-03-95
Committee Report (Substituted)


BACKGROUND

Currently, Texas is one of only three states that do not provide
coverage for outpatient Medicaid recipients for medical nutritional
products. Early intervention and treatment of patients with medical
nutritional products has been shown to improve nutritional status.
Medical nutritionals are clinically tested formulas which can be
used as the sole source of nutrition or as a supplement.

By providing coverage for medical nutritional products, early
nutrition intervention is possible, and as a result, there are
fewer malnourished patients imposing a hospital-cost burden on the
Texas Medicaid program. 

PURPOSE

H.B. 2810 as substituted would require the state to provide
coverage for nutritional therapy, including parenteral and enteral
therapies as well as oral and restorative feedings if they are
medically necessary and cost-effective, and subject to the
availability of funds appropriated by the legislature.

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.  Adds Section 32.024(t) to the Human Resources Code to
require the state to provide coverage under the state Medicaid
program for parental and enteral nutrition feedings, medical
nutritional products taken orally, restorative feeding that are
medically necessary and cost-effective, and nutritional counseling
services, subject to the availability of funds appropriated by the
legislature. Subsection (t) also defines "medical nutritional
product."

SECTION 2.  Effective date: September 1, 1995.

SECTION 3. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute for H.B. 2810 removes the language prohibiting that
the coverage increase the premium paid for the medical nutritional
service, and provides that the service is subject to the
availability of funds. The substitute also changes the subsection
under this chapter from (r) to (t) at the recommendation of
Legislative Council for lettering purposes.

SUMMARY OF COMMITTEE ACTION

H.B. 2810 was considered by the Public Health Committee in a public
hearing on April 25, 1995. 
The following persons testified in favor of the bill:
Greg Hooser, representing Texas Dietetic Association.
Lisa Hoelscher, representing Texas Dietetic Association.
Leslie Glenn Bagby, representing self and Texas Dietetic
Association.

The bill was left pending.

The bill was considered by the committee in a formal meeting as
pending business on May 3, 1995. The committee considered a
complete substitute for the bill. The substitute was adopted
without objection. The bill was reported favorably as substituted,
with the recommendation that it do pass and be printed, by a record
vote of 7 AYES, 0 NAYS, 0 PNV, and 2 ABSENT.