BILL ANALYSIS
C.S.S.B. 169
By: Moncrief (Naishtat)
05-09-95
Committee Report (Substituted)
BACKGROUND
Children who are adopted do not always stay in the state in which
they are adopted and some parents adopt children from another
state. When the adoptive parents move, responsibility for
provision of medical services may be complicated and unclear.
PURPOSE
As proposed, C.S.S.B. 169 amends the procedure for interstate
placement of and reimbursement of medical assistance for children,
creates offenses and provides penalties for abuse of programs.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends the heading of Chapter 162B, Family Code, as follows:
SUBCHAPTER B. INTERSTATE COMPACT ON THE PLACEMENT OF
CHILDREN
SECTION 2. Amends Section 162.101, Family Code, to define "appropriate public authorities,"
"appropriate authority in the receiving state," "compact," and "executive head." Makes conforming
changes.
SECTION 3. Redesignates Family Code Section 162.108 as Section 162.102 which provides for the
adoption of the compact in the form substantially as provide by this subchapter. Sets out the articles
of the compact without changes.
SECTION 4. Redesignates and amends Family Code Section 162.109 as Section 162.103 to read
as follows:
Sec. 162.103. FINANCIAL RESPONSIBILITY FOR CHILD. Provides that the executive director is authorized to bring suit under Section 154, Family Code, and may file a complaint claiming a violation of Section 25.05, Penal Code.
Authorizes, rather than requires, the executive director to return the child to the
sending agency after default.
SECTION 5. Redesignates Family Code Section 162.110 as Section 162.104, APPROVAL OF
PLACEMENT. Deletes the provision that prohibits the executive director from approving the
discharge of a child placed in a public institution without the concurrence of the head of the
institution.
SECTION 6. Redesignates Family Code Section 162.111 as Section 162.105.
SECTION 7. Redesignates Family Code Section 162.112. COMPACT ADMINISTRATOR as
Section 162.106 and creates new title: COMPACT AUTHORITY. Clarifies that the governor shall
appoint the executive director of the Department of Protective and Regulatory Services as compact
administrator and requires the executive director to designate a deputy compact administrator and
staff.
SECTION 8. Redesignates Family Code Section 162.113 as Section 162.107 and amends as
follows:
Sec. 162.107. OFFENSES; PENALTIES. (a) Provides that an individual, agency, corporation, or child-care facility that violates any provision of the compact commits a Class B misdemeanor.
(b) Provides that an individual, agency, corporation, or child-care facility violates
Article IV commits a Class B misdemeanor. Requires the court to revoke any
license to operate as a child-care facility or child-care institution issued to the
facility by the department and revoke any license or certification of such
individual, agency, or corporation necessary to practice in the state, on conviction.
Deletes existing language on application of the sunset act.
SECTION 9. Amends Chapter 162, Family Code by adding Subchapter C as follows:
SUBCHAPTER C. INTERSTATE COMPACT ON ADOPTION AND MEDICAL
ASSISTANCE
Sec. 162.201. ADOPTION OF COMPACT; TEXT. Provides that the Interstate Compact on
Adoption and Medical Assistance (compact) is adopted by this state and entered into with all other
jurisdictions joining therein in form substantially as provided under this subchapter.
INTERSTATE COMPACT ON ADOPTION AND MEDICAL ASSISTANCE
ARTICLE I. FINDINGS
Sets forth the legislature's findings regarding adoptive families and the provision of medical and
other necessary services for children.
ARTICLE II. PURPOSES
Sets forth the purpose of the compact.
ARTICLE III. DEFINITIONS
Defines "adoption assistance state," "residence state," and "state."
ARTICLE IV. COMPACTS AUTHORIZED
Authorizes the Department of Protective and Regulatory Services (department) to develop,
participate in the development of, negotiate, and enter into one or more interstate compacts on
behalf of the state with other states to implement one or more of the purposes set forth in this
compact. Requires the compact to have the force of law for as long as the compact is in force.
ARTICLE V. CONTENTS OF COMPACTS
Sets forth the required contents of the compact.
ARTICLE VI. OPTIONAL CONTENTS OF COMPACTS
Sets forth additional authorized contents of a compact.
ARTICLE VII. MEDICAL ASSISTANCE
(a) Requires a child with special needs resident in a state who is the subject of an adoption
assistance agreement to be entitled to receive a medical assistance identification from this state upon
filing in the state medical assistance agency (agency) of the adoption assistance agreement obtained
from the adoption assistance state. Requires the adoptive parents to show proof of a current
agreement at least annually.
(b) Requires the agency to process and make payment on claims on account of the holder of a
medical assistance identification in the same manner and pursuant to the same conditions and
procedures as other recipients of medical assistance.
(c) Requires the agency to provide coverage and benefits not provided by the resident state, to a
child in another state who is covered by an adoption assistance agreement made by the department.
Authorizes the adoptive parents to submit evidence of payment for services or benefit amounts not
payable in the residence state and requires the parents to be reimbursed unless the benefits or
services are covered under insurance or third-party medical contract. Requires the agency to make
regulations implementing this subsection. Sets forth the procedure and guidelines for additional
coverage and benefits.
(d) Requires a person who submits a false claim for payment or reimbursement to be punished for
perjury and a fine not to exceed $10,000, or imprisonment for not more than two years.
(e) Provides that the provisions of this article apply only to medical assistance for adopted children
who reside in a state in which a different state provides medical assistance and are covered in a
compact. Provides that other children who are covered in adoption assistance agreements with this
state and are entitled to medical assistance are eligible to receive assistance in accordance with the
laws and procedures applicable thereto.
ARTICLE VIII. FEDERAL PARTICIPATION
Requires the department and the Health and Human Services Commission (commission) to include
the provision of adoption and medical assistance for which the federal government pays some or all
of the cost in any state plan, and apply for and administer all relevant federal aid in accordance with
law.
Sec. 162.202. AUTHORITY OF THE DEPARTMENT OF PROTECTIVE AND REGULATORY
SERVICES. Authorizes the department, with the concurrence of the commission, to develop,
participate in the development of, negotiate, and enter into one or more interstate compacts on behalf
of the state with other states to implement one
or more of the purposes set forth in this compact. Requires the compact to have the force of law for
as long as the compact is in force.
Sec. 162.203. COMPACT ADMINISTRATION. Requires the executive director of the department
to serve as the compact administrator (administrator). Requires the administrator to cooperate with
agencies and officers of the government of this state in
facilitating the proper administration of a compact of any supplemental agreements. Requires the
executive director and the Commissioner of Human Services (commissioner) to designate deputy
compact administrators.
Sec. 162.204. SUPPLEMENTARY AGREEMENTS. Authorizes the administrator to enter into
supplementary agreements with other state officials pursuant to a compact. Provides that an
agreement with another state that affects another department has force or effect only if approved by
the head of the department which is affected.
Sec. 162.205. PAYMENTS BY STATE. Authorizes the administrator to make or arrange for any
payments necessary to discharge any financial obligations imposed upon by the compact in approved
by the chief state fiscal officer.
Sec. 162.206. PENALTIES. Provides that a person who knowingly obtains, attempts to obtain, or
aids and abets a person to obtain any assistance on behalf of a child who is not entitled or
assistance in an amount greater than the person or child is entitled to commits a Class B
misdemeanor.
SECTION 10. Repeals Sections 162.102 - 162.107 and 162.114, Family Code.
SECTION 11. Emergency clause.
Effective date: Upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.S.B. 169 reflects the recodification of Title 2 of the Family Code as enacted by H.B. 655, Acts
of the 74th Legislature, Regular Session, 1995.
SUMMARY OF COMMITTEE ACTION
S.B. 169 was considered in a public hearing on April 19, 1995.
The following person testified neutrally on the bill:
Howard Baldwin, Department of Protective and Regulatory Services.
The bill was left pending in committee.
In a formal meeting on April 25, 1995, the committee considered a complete substitute to the bill
which was adopted without objection. S.B. 169 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, 2 absent.