HBA-LJP H.B. 2456 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2456
By: Gray
Ways & Means
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

In 1985, the 69th Texas Legislature enacted the Indigent Health Care and
Treatment Act to provide  for a county to fund medical indigence health
care through the general revenue fund of the county which is comprised of
property and sales and use taxes.  If the county spends at least eight
percent of the general revenue fund on medical indigence health care, the
county is then eligible for state assistance.  However, only counties with
a population of 50,000 or less are authorized to adopt or abolish the sales
and use tax for county health services by election and the rate of these
taxes can not exceed one-half percent. 

Because of the limit on the imposition of sales and use taxes for county
health services that the county uses to fund the County Indigent Health
Care program (program), other health care services in the county may need
to become responsible for services that the program provides to the
indigent population in the county. House Bill 2456 creates the indigent
health care pilot program which is adopted by a county, on voter approval,
and authorizes any county to fund the pilot program by a sales and use tax
for county health services at a rate not to exceed one percent. 

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. 

ANALYSIS

House Bill 2456 amends the Tax Code to create the indigent health care
program as a pilot program (pilot program) adopted by a county to provide
indigent health care services that are funded by sale and use tax for
county health services.  The bill authorizes the commissioners court of a
county allocating tax revenue to a pilot program to adopt guidelines for
the program. 

The bill requires the guidelines to include secondary and tertiary care
services offered according to the state medical assistance program to
residents of the county with no health insurance who are at or below 100
percent of the federal poverty line, and primary care services offered
according to the Indigent Health Care Act for residents of the county who
are at or below 200 percent of the federal poverty line.  The bill also
provides that guidelines of the pilot program include case management,
utilization review, patient outreach, patient education, and transportation
and includes appropriate goals and performance measures. 

The bill authorizes a county that has adopted a pilot program to adopt or
abolish the sales and use tax for county health services at an election
held in the county.  If the voters of the county adopt a pilot program, the
bill also authorizes the rate of the sales and use tax for county health
services to exceed one-half percent and not to exceed one percent. 

The bill requires any pilot program that has been adopted to have a sunset
date six years from the date the program first provides services to county
residents, unless otherwise authorized by the voters of the county in an
election.  The bill also requires the state auditor to have the right to
review any pilot program adopted and to report the results of the pilot
program to the legislature. 
 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.