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.