BILL ANALYSIS S.B. 1096 By: Zaffirini, et al. (Berlanga) 05-12-95 Committee Report (Unamended) BACKGROUND The County Indigent Health Care Program was established to provide acute care medical services to persons not eligible for Medicaid. Since its inception in 1985, the program has undergone few changes, and many persons previously ineligible for Medicaid coverage have since gained coverage. Additionally, under current law, counties are not authorized to provide preventive health care services, yet the services are needed. PURPOSE S.B. 1096 would authorize a county to provide certain optional health care services for credit toward eligibility for state assistance. 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 Sections 61.006(a) and (e), Health and Safety Code, to add references to Section 61.0281, which is added by this bill. These subsections cover eligibility standards and payment for services. SECTION 2. Amends Section 61.025(b), Health and Safety Code, to add a reference to Sections 61.028 and 61.0281, the latter of which is added by this bill. The word mandatory is deleted from a reference to "mandatory inpatient or outpatient services." This section (61.025) covers the transfer agreement with regard to the hospital's responsibility to reimburse specified providers. SECTION 3. Adds Section 61.0281 to Chapter 61B, Health and Safety Code, as follows: Sec. 61.0281. OPTIONAL HEALTH CARE SERVICES. (a) Authorizes a county to provide, in addition to mandatory services under Section 61.028 and in accordance with department rules under Section 61.006, primary and preventive services designed to meet the specified needs of the community, and other medically necessary specified services or supplies that the county determines to be cost-effective. (b) Authorizes the county, if the services are approved under Subsection (a), to credit the services toward eligibility for state assistance under this subchapter. Authorizes a county to provide health care services that are not specified in Subsection (a), or provide services specified in Subsection (a) without department approval, but prohibits the county from crediting the services toward eligibility for state assistance. (c) Authorizes a county to credit a premium payment made by the county under Section 157.006, Local Government Code, toward the eligibility for state assistance under this subchapter. SECTION 4. Amends Section 61.034, Health and Safety Code, by deleting the word "mandatory" from the heading, and stating that a county is not liable for the cost of a health care service under Section 61.028(a) or 61.0281(a), rather than the deleted "mandatory" health care service, that is in excess of certain payment standards. SECTION 5. Amends Sections 61.037(a), (b), and (d), Health and Safety Code, to add references to Sec. 61.0281, which is added by this bill, and clarify references to health care services mandated under Sec. 61.028. References to "mandatory" health care services are deleted. This section concerns funding. SECTION 6. Amends Section 61.038, Health and Safety Code, to add references to Sec. 61.0281, which is added by this bill and clarify references to health care services mandated under Sec. 61.028. References to "mandatory" health care services are deleted. This section concerns the distribution of assistance funds. SECTION 7. Amends Section 61.041(b), Health and Safety Code, to add a reference to Sec. 61.0281, which is added by this bill and clarify a reference to health care services mandated under Sec. 61.028. The reference to "mandatory" health care services is deleted. This subsection concerns the requirements established by the department regarding county expenditures. SECTION 8. Effective date: September 1, 1995. States that this Act applies to health care provided or a premium payment made on or after that date, and that these specified services made before that date are governed by the law in effect at that time, and that law is continued in effect for that purpose. SECTION 9. Emergency clause. SUMMARY OF COMMITTEE ACTION S.B. 1096 was considered by the Public Health Committee in a formal meeting on May 12, 1995. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by the record vote of 5 AYES, 0 NAYS, 0 PNV, and 4 ABSENT.