1-1 AN ACT
1-2 relating to rates and expenditures under the Medicaid and state
1-3 child health plan programs in the Texas-Mexico border region.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-6 amended by adding Section 531.0221 to read as follows:
1-7 Sec. 531.0221. RATES AND EXPENDITURES IN TEXAS-MEXICO BORDER
1-8 REGION. (a) In this section:
1-9 (1) "Child health plan program" means the state child
1-10 health plan program authorized by Chapter 62, Health and Safety
1-11 Code.
1-12 (2) "Committee" means the advisory committee on
1-13 funding disparities in health programs appointed by the
1-14 commissioner under this section.
1-15 (3) "Texas-Mexico border region" has the meaning
1-16 assigned by Section 2056.002.
1-17 (b) The commissioner shall appoint an advisory committee to
1-18 develop a strategic plan for eliminating the disparities between
1-19 the Texas-Mexico border region and other areas of the state in:
1-20 (1) capitation rates under Medicaid managed care and
1-21 the child health plan program for services provided to persons
1-22 younger than 19 years of age;
1-23 (2) fee-for-service per capita expenditures under the
1-24 Medicaid program and the child health plan program for inpatient
1-25 and outpatient hospital services for services provided to persons
2-1 younger than 19 years of age; and
2-2 (3) total professional services expenditures per
2-3 Medicaid recipient younger than 19 years of age or per child
2-4 enrolled in the child health plan program.
2-5 (c) Periodically the committee shall perform the research
2-6 necessary to analyze and compare the rates and expenditures
2-7 described by Subsection (b) and, not later than the date specified
2-8 by the commissioner, produce a report based on the results of that
2-9 analysis and comparison.
2-10 (d) The committee shall, as part of the report required by
2-11 Subsection (c), make recommendations to the commissioner for
2-12 addressing the problems created by disparities documented in the
2-13 report, including recommendations for allocation of funds.
2-14 (e) The commissioner shall appoint nine members to the
2-15 advisory committee in a manner that ensures that the committee:
2-16 (1) represents the spectrum of geographic areas
2-17 included in the Texas-Mexico border region;
2-18 (2) includes persons who are knowledgeable regarding
2-19 the Medicaid program, including Medicaid managed care, and the
2-20 child health plan program; and
2-21 (3) represents the interests of physicians, hospitals,
2-22 patients, managed care organizations, state agencies involved in
2-23 the management and delivery of medical resources of any kind,
2-24 affected communities, and other areas of the state.
2-25 (f) The committee shall elect officers from among the
2-26 members of the committee.
3-1 (g) Appointments to the committee shall be made without
3-2 regard to the race, color, disability, sex, religion, age, or
3-3 national origin of the appointees.
3-4 (h) A member of the committee may not receive compensation,
3-5 but is entitled to reimbursement of travel expenses incurred by
3-6 the member while conducting the business of the committee as
3-7 provided by the General Appropriations Act.
3-8 (i) The commission shall provide administrative support and
3-9 resources to the committee as necessary for the committee to
3-10 perform the duties under this section.
3-11 (j) The committee is not subject to Chapter 2110.
3-12 (k) With advice from the committee, the commission shall
3-13 ensure that:
3-14 (1) the disparities in rates and expenditures
3-15 described by Subsection (b) are eliminated as soon as practicable
3-16 for services provided to a person younger than 19 years of age by
3-17 increasing the rates and expenditures in the Texas-Mexico border
3-18 region, to the extent that funds are specifically appropriated for
3-19 purposes of this subsection, so that the rates and expenditures in
3-20 that region equal, or equal as nearly as possible, the statewide
3-21 average rates and expenditures; and
3-22 (2) a physician providing a service to a Medicaid
3-23 recipient younger than 19 years of age or a recipient of services
3-24 under the child health plan program in the Texas-Mexico border
3-25 region receives, in addition to reimbursement at the rate required
3-26 under Subdivision (1), a bonus to the extent possible with funds
4-1 specifically appropriated for purposes of this subsection.
4-2 (l) For purposes of Subsection (k), the commission shall
4-3 exclude data from the Texas-Mexico border region in determining the
4-4 statewide average capitation rates under Medicaid managed care and
4-5 the child health plan program and the statewide average total
4-6 expenditures per Medicaid recipient younger than 19 years of age or
4-7 per child enrolled in the child health plan program.
4-8 (m) With advice from the committee and other appropriate
4-9 groups, the commission may vary the amount of any rate increases
4-10 for services required by Subsection (k) according to the type of
4-11 service provided.
4-12 (n) The commission shall develop mechanisms to pass any rate
4-13 increase required by Subsection (k) directly to providers,
4-14 including providers in Medicaid managed care service delivery areas
4-15 with health maintenance organization, prepaid health plan, or
4-16 primary care case management models.
4-17 (o) The commission shall contract with a public university
4-18 to:
4-19 (1) measure changes occurring from September 1, 2001,
4-20 to August 31, 2004, in the number of health care providers
4-21 participating in the Medicaid program or the child health plan
4-22 program in the Texas-Mexico border region and resulting effects on
4-23 consumer access to health care and consumer utilization;
4-24 (2) determine:
4-25 (A) the effects, if any, of the changes in rates
4-26 and expenditures required by Subsection (k); and
5-1 (B) if funding available and used for changes in
5-2 rates and expenditures was sufficient to produce measurable
5-3 effects;
5-4 (3) make a recommendation regarding whether Medicaid
5-5 rate increases should be expanded to include Medicaid services
5-6 provided to adults in the Texas-Mexico border region; and
5-7 (4) not later than December 1, 2004, submit a report
5-8 to the legislature.
5-9 (p) This section expires September 1, 2011.
5-10 SECTION 2. If before implementing any provision of this Act
5-11 a state agency determines that a waiver or authorization from a
5-12 federal agency is necessary for implementation of that provision,
5-13 the agency affected by the provision shall request the waiver or
5-14 authorization and may delay implementing that provision until the
5-15 waiver or authorization is granted.
5-16 SECTION 3. (a) The changes in rates and expenditures
5-17 required by Subsection (k), Section 531.0221, Government Code, as
5-18 added by this Act, must be initiated not later than September 1,
5-19 2002.
5-20 (b) The advisory committee on funding disparities in health
5-21 programs shall deliver the first report required by Subsection (c),
5-22 Section 531.0221, Government Code, as added by this Act, not later
5-23 than January 1, 2002.
5-24 SECTION 4. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1053 passed the Senate on
April 25, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1053 passed the House on
May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor