BILL ANALYSIS C.S.S.B. 1096 By: Zaffirini Health and Human Services 4-6-95 Committee Report (Substituted) BACKGROUND The County Indigent Health Care Program was established to provide acute 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. Under current law, however, counties are not authorized to provide preventive health care services. PURPOSE As proposed, C.S.S.B. 1096 authorizes a county to provide certain optional health care service 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 require the Texas Department of Health (department) to define the services and establish the payment standards for the categories of services listed in Sections 61.028(a) and 61.0281(a) in accordance with department rules relating to the AFDC-Medicaid program. (e) Requires the department to permit payment to a licensed dentist for services provided under Sections 61.028(a)(3) and (a)(5) and Sections 61.0281(a)(1)(C) and (a)(2), to the extent that these services are required by Section 61.028(a)(5) or 61.0281(a), if the dentist can provide these services within the scope of the dentist's license. SECTION 2. Amends Section 61.025(b), Health and Safety Code, to authorize the transfer agreement to transfer partial responsibility to the county under which the municipal hospital provides health care services, but the county agrees to assume the hospital's responsibility to reimburse other providers who provide inpatient or outpatient services under Sections 61.028(a) and 61.0281(a) to eligible residents that the municipal hospital cannot provide. SECTION 3. Amends Chapter 61B, Health and Safety Code, by adding Section 61.0281, 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 needs of the community, and other medically necessary 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 services specified in Subsection (a) without department approval, but may not credit 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, as follows: Sec. 61.034. New heading: PAYMENT STANDARDS FOR HEALTH CARE SERVICES. Provides 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 a 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, as follows: (a) Authorizes the department to distribute funds to eligible counties to assist the counties in providing health care services mandated under Section 61.028(a), or approved or authorized under Section 61.0281(a) or (c), rather than mandatory health care services, to eligible county residents. (b) and (d) Make conforming changes. SECTION 6. Amends Section 61.038, Health and Safety Code, to make conforming changes. SECTION 7. Amends Section 61.041(b), Health and Safety Code, to make a conforming change. SECTION 8. Effective date: September 1, 1995. Makes application of this Act prospective. SECTION 9. Emergency clause.