HBA-RBT H.B. 3638 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3638 By: Naishtat Human Services 4/6/1999 Introduced BACKGROUND AND PURPOSE Almost all decisions made by a state agency or regulatory board are subject to judicial review. However, decisions regarding Medicaid are not subject to judicial review in state courts, only in federal court. H.B. 3638 provides for state court judicial review of Medicaid. . RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 22, Human Resources Code, by adding section 22.0181, as follows: Sec. 22.0181. JUDICIAL REVIEW. (a) Defines "commission" to be the Health and Human Services Commission or an agency operating part of the medical assistance program, as appropriate. (b) Provides that Subchapters G (Contested Cases; Judicial Review) and H (Court of Enforcement), Chapter 2001 (Administrative Procedure), Government Code, govern an appeal of a commission decision related to medical assistance administered by the commission brought by an applicant for or a recipient of medical assistance. (c) Provides that for purposes of Section 2001.171 (Judicial Review), Government Code, an applicant for or recipient of medical assistance administered by the commission has exhausted all of the commission's available administrative remedies when the commission after a hearing reaches a final decision related to the benefits, including a decision under Section 32.035 (Appeals), Human Resources Code. Provides that the applicant or recipient is not required to file a motion for rehearing with the commission and the commission's decision is considered final on the date it is rendered. (d) Prohibits the cost of preparing the record and the transcript from being charged to the applicant for or recipient of the benefits. (e) Provides that an appeal described by Subsection (b) takes precedence over all civil cases except workers' compensation and unemployment cases. (f) Provides that the appellee is the commission. SECTION 2. Amends Section 2001.223, Government Code, to remove medical assistance from the exemption provided by this chapter. Makes a change to conform to the recodification of the statutes. SECTION 3. Amends Subchapter I, Chapter 2001, Government Code, by adding Section 2001.2231, as follows: Sec. 2001.2231. EXCEPTION FROM DECLARATORY JUDGEMENT AND CONTESTED CASE PROVISIONS. Provides that Section 2001.038 (Declaratory Judgment) and Subchapter C through F, Chapter 2001 (Administrative Procedure), Government Code, do not apply to the granting, payment, denial, or withdrawal of medical assistance administered by the commission or any agency that operates part of the medical assistance program. SECTION 4. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 5. Emergency clause.