BILL ANALYSIS C.S.S.B. 601 By: Zaffirini, Moncrief (Berlanga, et al.) 04-27-95 Committee Report (Substituted) BACKGROUND The Texas Medicaid program has grown from a total budget of $7.5 billion in the 1990-91 biennium to an appropriation of $18.7 billion for the current 1994-95 biennium, including $6.8 billion in general revenue and $11.7 billion in federal funds. This growth is due to federal mandates regarding eligibility expansions, required services, and provider reimbursement rules. Lt. Gov. Bob Bullock charged the Senate Committee on Health and Human Services with the challenging task of developing recommendations for wholesale reform. In response the committee began an intensive investigation that included a public hearing May 31-June 1, 1994, and on-site visits to Medicaid managed care pilot projects in Texas, to a rural health clinic, and to a rehabilitation center. On November 29-30, 1994, the House Committees on Public Health and on Human Services joined the Senate committee in a second public hearing in which public testimony was taken. The Senate Committee on Health and Human Services then adopted the recommendations that are the basis of this legislation. PURPOSE S.B. 601 as substituted, would require the Health and Human Services Commission to oversee the provision of education programs under a managed care Medicaid program. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Health and Human Services Commission under SECTION 1 of this bill (Sections 16(b) and (e), Article 4413(502), Revised Statutes). SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 16, Article 4413(502), Revised Statutes, to add the text in subsections (b)-(g), as follows: Sec. 16. ADMINISTRATION OF MEDICAID PROGRAM. (a) Created from existing text. (b) Requires the Health and Human Services Commission (commission), in adopting rules implementing a managed care Medicaid program, to establish guidelines for and require managed care organizations to provide education programs for providers and clients using a variety of techniques and mediums. (c) Requires a provider education program to include information on Medicaid policies, procedures, eligibility standards, and benefits; specific problems and needs of clients; and the rights and responsibilities of Medicaid clients under this section. (d) Requires a client education program to present information in an easily understood manner and include information on rights and responsibilities; how to access health care services; how to access complaint procedures; Medicaid policies, procedures, eligibility standards, and benefits; the policies and procedures of the managed care organization; and the importance of prevention, early intervention, and appropriate use of services. (e) Requires the commission, by rule, to adopt a bill of rights and a bill of responsibilities for each person enrolled in the Medicaid program. Outlines rights which must be addressed. (f) Outlines responsibilities which must be addressed by the bill of responsibilities. (g) Requires the commission to provide support and information services to a person enrolled in or applying for coverage who experiences barriers to receiving health-care services, and to give precedence to persons with urgent medical or support needs. Authorizes the commission, in providing those support and information services, to contract with a nonprofit organization not involved in providing health care, health insurance, or health benefits. Outlines specific support and information services the commission or nonprofit organization must provide. SECTION 2. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute provides greater detail than the engrossed version of the bill regarding the scope of support and information services to be provided by the commission or a nonprofit organization, including: A statewide toll-free assistance telephone line. Client education. Maintaining statistical information by region and publishing reports regarding trends. Identifying and correcting problems, including site visits to affected regions, if necessary. SUMMARY OF COMMITTEE ACTION S.B. 601 was considered by the Public Health Committee in a formal meeting on April 27, 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 9 Ayes, 0 Nays, 0 PNV, and 0 Absent.