BG C.S.H.B. 1939 75(R)BILL ANALYSIS PUBLIC HEALTH C.S.H.B. 1939 By: Coleman 4-25-97 Committee Report (Substituted) BACKGROUND Early intervention and treatment of patients with medical nutritional products has shown to improve the nutritional status of these patients. Currently, there are three states that do not provide coverage for medical nutritional products for outpatient Medicaid recipients. Texas is one of them. This nutrition intervention is critical to a patient's care. It reduces the risks of complications from illnesses or medical conditions, and as a result, lowers the cost of treatment of these individuals. PURPOSE CSHB 1939 requires the state to provide coverage for nutritional products deemed necessary for the nutritional management of an illness, injury, disorder, or other health condition. 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. Amends Section 32.024, Human Resources Code, by adding Subsection (t) as follows: Subsection (t) requires the state to provide coverage under the state Medicaid program for medically necessary enteral nutrition therapy and related nutrition services as specified. Stipulates that nutrition services must be provided by a licensed dietician. Allows the Texas Department of Health to require prior authorization as a condition for coverage of therapy or services. Defines "enteral nutrition formula," "enteral nutrition therapy," Licensed dietician," "nutrition services," and "physician" as specified. SECTION 2. Requires a state agency to request a waiver or authorization from a federal agency, if determined to be necessary, before implementing a provision of the Act. Allows the state agency to delay implementing that provision until the waiver or authorization is granted. SECTION 3. Establishes the effective date of this Act to be September 1, 1997. SECTION 4. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 1939 revises the original bill's SECTION 1, by modifying the new Sec. 32.024(t), Human Resources Code. The substitute removes references to parenteral feedings and further clarifies the meaning, purpose and procedures for the provision of medically prescribed enteral nutrition and related nutrition services.