SRC-JEC S.B. 33 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 33
77R541 CBH-DBy: Zaffirini
Health & Human Services
2/22/2001
As Filed


DIGEST AND PURPOSE 

Currently, home health care services and prescription drug coverage for
frail elderly people is lacking in Texas.  S.B. 33 requires the Department
of Human Services to provide coverage for three prescription medications
each month for a recipient of services under the Frail Elderly Program;
provide for a presumptive eligibility certification to cover the gap in
home health care services while a person awaits Medicaid eligibility
confirmation; and permit a registered nurse to delegate to an unlicensed
attendant the performance of appropriate nursing tasks under the nurse's
supervision. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Health and Human
Services Commission or an agency operating part of the medical assistance
program in SECTION 2 (Section 32.026, Human Resources Code), and SECTION 3
(Section 32.053, Human Resources Code) of this bill. Rulemaking authority
is expressly granted to the Board of Nurse Examiners in SECTION 3 (Section
32.053, Human Resources Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.024, Human Resources Code, to add Subsection
(x), as follows: 

(x) Requires the Health and Human Services Commission or the agency
operating part of the medical assistance program (the department) to
provide coverage for three prescribed medications each month for a
recipient of services under the frail elderly program. 

SECTION 2.  Amends Section 32.026, Human Resources Code, to add Subsection
(d) as follows: 

(d) Requires the department by rule to provide for the determination and
certification of presumptive eligibility for a person who appears to meet
the financial and other program eligibility criteria for the receipt of
services under the primary home care program or community-based
alternatives program. 

SECTION 3. Amends Chapter 32B, Human Resources Code, to add Section 32.053
as follows: 

Sec. 32.053. DELEGATION BY REGISTERED NURSE UNDER PRIMARY HOME CARE
PROGRAM. Requires the department, in its rules governing the primary home
care program, to permit a registered nurse to delegate to an unlicensed
attendant the performance of appropriate nursing tasks under the nurse's
supervision in accordance with rules adopted by the Board of Nurse
Examiners. 

SECTION 4. Requires a state agency,  if  before implementing any provision
of this Act it determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, to request the
waiver or authorization and authorizes delaying implementation of that
provision until the waiver or authorization is granted. 

 SECTION 5. Effective date: September 1, 2001.
          Makes application of this Act prospective.