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.