SRC-CTC, BWC C.S.S.B. 43 77(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 43
77R12012 CLG-DBy: Zaffirini
Health & Human Services
4/8/2001
Committee Report (Substituted)

DIGEST AND PURPOSE 

Currently, the application and eligibility process for children's Medicaid
requires a face-to-face interview.  C.S.S.B. 43 eliminates this requirement
to streamline the process and provide for continuous medical assistance
eligibility when children are transitioning from Medicaid to CHIP or to
private insurers. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Health and Human Services
Commission or an agency operating part of the medical assistance program in
SECTION 3 (Section 32.0261, Human Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.025, Human Resources Code, by adding
Subsections (d) and (e) to require the Health and Human Services Commission
(department) or an agency operating part of the medical assistance program
to adopt application forms and procedures for a request, which can be
conducted by mail instead of through a personal appearance at a department
office, for medical assistance provided to a child under 19 years of age
that are similar to the application forms and procedures adopted under
Section 62.103 (Application Form and Procedures), Health and Safety Code.
Require the department to permit an application requesting medical
assistance for a child under 19 years of age to be conducted by mail
instead of through a personal appearance at a department office.   

SECTION 2.  Amends Section 32.026, Human Resources Code, by adding
Subsections (d) and (e) to require the department to ensure that
documentation and verification procedures used in determining and
certifying the eligibility and need for medical assistance of a child under
19 years of age, including the documentation and verification procedures
used to evaluate the assets and resources of the child, the child's
parents, or the child's other caretaker for that purpose, are the same as
the documentation and verification procedures used to determine and certify
a child's eligibility for coverage under Chapter 62 (Child Health Plan for
Certain Low-Income Children), Health and Safety Code, except that the
documentation and verification procedures adopted in accordance with this
subsection are prohibited from being more stringent that the documentation
and verification procedures existing on January 1, 2001, for the
determination and verification of a child's eligibility for coverage under
Chapter 62, Health and Safety Code.  Requires the department to permit a
recertification review of the eligibility and need for medical assistance
of a child under 19 years of age to be conducted by telephone or mail
instead of through a personal appearance at a department office. 

SECTION 3.  Amends Chapter 32B, Human Resources Code, by adding Section
32.0261, as follows:   

Sec. 32.0261. CONTINUOUS ELIGIBILITY.  (a) Requires the department to adopt
rules in accordance with 42. U.S.C. Section 1396a (e)(12), as amended, to
provide for a period for continuous eligibility for a child under five
years of age and requires the child to remain eligible for medical
assistance, without additional review by the department and regardless of
changes  in the child's resources or income, until the earlier of: first
anniversary of the date on which the child's eligibility was determined, or
the child's fifth birthday. 

(b) Authorizes the department, by rule, to provide for an expansion of the
continuous eligibility provisions of Subsection (a) to apply to older
children who are determined to be eligible for medical assistance under
this chapter, to the extent that funds are available for that purpose.
Requires the department, in adopting rules under this subsection, to
specify the age groups to which the expansion applies and ensure that the
children are under 19 years of age. 

SECTION 4.  Requires a state agency to request the waiver or authorization
and delay  implementing that provision until the waiver or authorization is
granted, if a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation. 

SECTION 5.  Effective date:  January 1, 2002.
Requires the department or appropriate state agency operating part of the
medical assistance program to adopt rules required by Section 32.0261(a),
Human Resources Code, as added by this Act, not later than February 1,
2002.  

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  No change.

SECTION 2.  Amends As Filed S.B. 43 by including wording to clarify the
requirements of the Health and Human Services Commission (department) in
adopting rules under Section 32.026, Human Resources Code. 

SECTION 3.  Amends As Filed S.B. 43 by reducing the age for which the
department shall adopt rules to provide for a period of continuous
eligibility from 19 to five years of age.  Adds a proposed Subsection (b)
to authorize the department by rule to provide for an expansion of the
continuous eligibility provisions of Subsection (a) to apply to certain
children who are under 19 years of age. 

Removes proposed SECTION 4 relating to the exclusion of assets and
resources. 

SECTION 4.  Amends As Filed S.B. 43 by redesignating SECTION 5 as SECTION 4.

SECTION 5.  Amends As Filed S.B. 43 by redesignating SECTION 6 as SECTION
5.  Provides that the effective date of this Act is January 1, 2002, rather
than September 1, 2001.  Requires the department to adopt rules required by
Section 32.0261(a), Human Resources Code, as added by this Act, not later
than February 1, 2002, rather than October 1, 2001.