IML S.B. 514 75(R)BILL ANALYSIS


PUBLIC HEALTH
S.B. 514
By: Moncrief (Maxey)
4-30-97
Committee Report (Unamended)


BACKGROUND 

Currently, the Health and Human Services Commission is statutorily
responsible for administering the state's Medicaid program, but a number
of state agencies are involved in program implementation.  The state is
required to maintain a fair hearings system for Medicaid beneficiaries
whose claims for services have been denied, reduced, terminated, or not
acted upon with reasonable promptness.  However, each agency has its own
hearings process and due to significant differences among these processes,
procedures and outcomes are inconsistent.  Legislation is needed to
promote a consistent and dependable hearings process for all Medicaid
funded services. 

PURPOSE

S.B. 514 requires the commissioner of health and human services to
promulgate uniform fair hearing rules for all Medicaid funded services. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the commissioner of health and human services in SECTION 1
(Section 531.024(6), Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 531.024, Government Code, by adding subsection
(6) to require the commissioner of health and human services to promulgate
uniform fair hearing rules for all Medicaid funded services.  Makes
conforming changes. 

SECTION 2.  Effective date is September 1, 1997.

SECTION 3.  Emergency clause.