BG C.S.H.B. 2773 75(R)BILL ANALYSIS


PUBLIC HEALTH
C.S.H.B. 2773
By: Coleman
4-25-97
Committee Report (Substituted)



BACKGROUND 

In passing SB 714, the 73rd Legislature got one step closer to achieving
the goal  "to provide better access to nutrition services to working
families."  The law established a formula by which Supplemental Food and
Nutrition Program for Women, Infants, and Children (WIC) clinics are to
determine hours of operation, specifically requiring weekday evening and
Saturday access. Unfortunately, clinic directors have found the language
too restrictive in meeting the needs of their different communities. 

PURPOSE

CSHB 2773 requires that each agency provide services during extended hours
each month to ensure that clients have reasonable access to services.  The
bill allows the agencies to determine which clinics will have extended
hours and requires them to justify their reasoning in their agency plan to
the Department of Health (TDH). 

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 32.021, Health and Safety Code as follows:

Subsection (a) removes the departmental requirement and term "clinic" and
adds language to clarify the new requirement that an agency, organization
or other entity contracting with the Special Supplemental Nutrition
Program for WIC provide monthly clinical and nutritional services as
specified in extended hours, as defined by TDH. 

Subsection (b) adds language to require that each agency, or other entity
as specified, include in its annual plan submitted to TDH a plan to expand
client access to services through extended hours, schedules as specified
and the reasons for each site's schedule. Clarifies that a contracting
entity as specified is not required to offer extended hours at each of its
service sites. Omits all language which specified days and numbers of
hours a clinic would be open. 

Subsection (c) is revised to remove the phrase " in administering the
Supplemental Food Program for Women, Infants, and Children" in regards to
the requirement regarding TDH's guidelines. Adds the words "extended hours
and" to clarify that guidelines adopted should be addressing extended
hours and waivers from the requirement of Subsection (a). 

Subsection (d) replaces the term "a clinic" with "an agency, organization,
or other entity" in regards to who obtains a waiver. 

Subsection (e) adds language to prohibit TDH from granting a waiver, as
specified, for a period longer than 2 years. 

 Subsection (f) is added to clarify that an agency, organization or other
entity which provides other maternal and child health services and is
required by this section to maintain extended hours, is also required to
make those services available during the extended hours. 

SECTION 2.  Requires TDH to adopt guidelines for extended hours and
waivers before January 1, 1998. 

SECTION 3.  Establishes that this Act takes effect September 1, 1997 and
applies to the provision of services under the Special Supplemental
Nutrition Program for WIC on or after January 1, 1998. The provision of
services before that date is governed by existing law which is continued
in effect for that purpose. 

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 2773 is substantively unchanged from the original bill, but has been
revised in format and language as recommended by the Legislative Council.