MINUTES SENATE COMMITTEE ON HEALTH AND HUMAN SERVICES Thursday, March 8, 2001 9 a.m. Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, and a motion made by Senator Moncrief to suspend the Senate posting rules on SB 43 by Senator Zaffirini and SB 375 by Senator Zaffirini, a public hearing of the Senate Committee on Health and Human Services was held on Thursday, March 8, 2001, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Mike Moncrief, Chairman Senator David Bernsen Senator John Carona, Vice Chairman Senator Mario Gallegos, Jr. Senator Chris Harris Senator Frank Madla Senator Jane Nelson Senator Eliot Shapleigh Senator David Sibley ***** Senator Carona, serving as the presiding officer, called the meeting to order at 9:11 a.m. The following business was transacted. The chairman laid out SB 47 by Senator Zaffirini, relating to residential and nonresidential services for victims of family violence, and recognized the author to explain the bill. At 9:12 a.m. Senator Moncrief assumed presiding duties and a quorum was established. Senator Nelson sent up a committee substitute for SB 47 and Senator Zaffirini explained the differences between it and the bill as filed. Senator Nelson moved the adoption of the committee substitute for SB 47. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 47 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to the committee substitute for SB 47, the chairman closed public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for SB 47. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that SB 47 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Nelson moved that the committee substitute for SB 47 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out SB 432 by Senator Carona, relating to the detention and transportation of a person admitted to a county mental health facility for mental health services, and recognized the author to explain the bill. Senator Carona sent up a committee substitute for SB 432 and explained the differences between it and the bill as filed. Senator Carona moved the adoption of the committee substitute for SB 432. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 432 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to the committee substitute for SB 432, the chairman closed public testimony. Senator Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for SB 432. There being no objection, the motion prevailed by unanimous consent. Senator Carona moved that SB 432 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed by a vote of 6 ayes, 0 nays and 3 absent. The chairman laid out SB 616 by Senator Van de Putte, relating to the establishment of a medical assistance pilot program for the management of children's asthma, and recognized the author to explain the bill. Senator Harris sent up a committee substitute for SB 616 and Senator Van de Putte explained the differences between it and the bill as filed. Senator Harris moved the adoption of the committee substitute for SB 616. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 616 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to the committee substitute for SB 616, the chairman closed public testimony. The chairman left the committee substitute for SB 616 pending temporarily, to await the arrival of a quorum. At 9:49 a.m. Senator Carona resumed presiding duties. The chairman laid out SB 831 by Senator Moncrief, relating to the establishment of a medical assistance buy-in pilot program for certain persons with disabilities, and recognized the author to explain the bill. Senator Moncrief sent up a committee substitute for SB 831 and explained the differences between it and the bill as filed. Senator Moncrief moved the adoption of the committee substitute for SB 831. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 831 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to the committee substitute for SB 831, the chairman closed public testimony. Senators Gallegos, Harris, Nelson and Sibley asked unanimous consent to be shown voting "aye" on the committee substitute for SB 831. There being no objection, the motion prevailed by unanimous consent. Senator Moncrief moved that SB 831 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed by a vote of 7 ayes, 0 nays and 2 absent. Senator Moncrief moved that the committee substitute for SB 831 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out SB 691 by Senator Moncrief, relating to the creation of an assisted living facility trust fund, and recognized the author to explain the bill. Witnesses testifying and registering on SB 691 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to SB 691, the chairman closed public testimony. The chairman left SB 691 pending temporarily, to await the arrival of a quorum. At 10:12 a.m. Senator Moncrief assumed presiding duties. The chairman laid out SB 812 by Senator Carona, relating to expanding access to women's health care services, and recognized the author to explain the bill. Witnesses testifying and registering on SB 812 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to SB 812, the chairman closed public testimony. At the author's request, SB 812 was left pending. The chairman laid out anew SB 616 by Senator Van de Putte, relating to the establishment of a medical assistance pilot program for the management of children's asthma, which had been left pending to await the arrival of a quorum. Senator Gallegos asked unanimous consent to be shown voting "aye" on the committee substitute for SB 616. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that SB 616 be reported to the Senate with the recommendation that it do not pass, but that the committee substitute adopted in lieu thereof do pass and be printed. The motion prevailed by a vote of 8 ayes, 0 nays and 1 absent. Senator Nelson moved that the committee substitute for SB 616 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 10:27 a.m. Senator Carona resumed presiding duties. The chairman laid out anew SB 691 by Senator Moncrief, relating to the creation of an assisted living facility trust fund, which had been left pending to await the arrival of a quorum. Senator Gallegos asked unanimous consent to be shown voting "aye" on SB 691. There being no objection, the motion prevailed by unanimous consent. Senator Moncrief moved that SB 691 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 8 ayes, 0 nays and 1 absent. Senator Moncrief moved that SB 691 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. The chairman laid out anew SB 834 by Senator Moncrief, relating to electronic access to health and human services information, which had been left pending, and recognized Senator Moncrief. Senators Gallegos and Madla asked unanimous consent to be shown voting "aye" on SB 834. There being no objection, the motion prevailed by unanimous consent. Senator Moncrief moved that SB 834 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 8 ayes, 0 nays and 1 absent. Senator Moncrief moved that SB 834 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. At 10:33 a.m. Senator Moncrief assumed presiding duties. The chairman laid out the March 1 and March 5, 2001, minutes and called for revisions. There being none, Senator Shapleigh moved their approval. There being no objection, the motion prevailed by unanimous consent. The chairman laid out SB 161 by Senator Zaffirini, relating to authorizing transitional support services to former recipients of TANF benefits, and recognized the author to explain the bill. Witnesses testifying and registering on SB 161 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to SB 161, the chairman closed public testimony. Senators Gallegos and Harris asked unanimous consent to be shown voting "aye" on SB 161. There being no objection, the motion prevailed by unanimous consent. Senator Nelson moved that SB 161 be reported to the Senate with the recommendation that it do pass and be printed. The motion prevailed by a vote of 8 ayes, 0 nays and 1 absent. Senator Nelson moved that SB 161 be recommended for certification on the local and uncontested calendar. There being no objection, the motion prevailed by unanimous consent. By unanimous consent, the chairman recessed the committee at 10:38 a.m., until 30 minutes after the adjournment of the Texas Senate. The chairman reconvened the Senate Committee on Health and Human Services at 1:48 p.m. At 1:51 p.m. Senator Carona assumed presiding duties. The chairman laid out SB 373 by Senator Moncrief, relating to simplifying the application and eligibility determination process for medical assistance provided to children, and recognized the author to explain the bill. The chairman laid out SB 374 by Senator Moncrief, relating to continuous eligibility of children for medical assistance, and recognized the author to explain the bill. At 1:59 p.m. Senator Moncrief resumed presiding duties. The chairman laid out SB 43 by Senator Zaffirini, relating to simplifying the certification process for medical assistance provided to children, and recognized Senator Nelson, in absence of the author, to explain the bill. The chairman laid out SB 375 by Senator Zaffirini, relating to application and eligibility for Medicaid, and recognized Senator Nelson, in absence of the author, to explain the bill. The chairman laid out SB 376 by Senator Zaffirini, relating to consideration of assets and resources for purposes of determining eligibility to children for Medicaid, and recognized Senator Nelson, in absence of the author, to explain the bill. Witnesses testifying and registering on SB 43, SB 373, SB 374, SB 375 and SB 376 are shown on the attached list. Testimony on SB 43, SB 373, SB 374, SB 375 and SB 376 was left open. At 2:17 p.m. Senator Carona assumed presiding duties. At 2:21 p.m. Senator Moncrief resumed presiding duties. At 2:58 p.m. Senator Carona assumed presiding duties. At 3:01 p.m. Senator Moncrief resumed presiding duties. The chairman laid out SB 297 by Senator West, relating to providing supplemental financial assistance to certain grandparents, and recognized the author to explain the bill. Senator Shapleigh sent up a committee substitute for SB 297 and Senator West explained the differences between it and the bill as filed. Senator Shapleigh moved the adoption of the committee substitute for SB 297. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 297 are shown on the attached list. There being no other witnesses registered or responding to the chairman's call for public testimony relating to the committee substitute for SB 297, the chairman closed public testimony. At the chairman's request, the committee substitute for SB 297 was left pending. The chairman laid out SB 751 by Senator Shapleigh, relating to providing the services of promotoras to certain recipients of medical assistance, and recognized the author to explain the bill. Senator Shapleigh sent up a committee substitute for SB 751 and explained the differences between it and the bill as filed. Senator Shapleigh moved the adoption of the committee substitute for SB 751. There being no objection, the motion prevailed by unanimous consent. Witnesses testifying and registering on the committee substitute for SB 751 are shown on the attached list. Testimony on the committee substitute for SB 751 was left open. At the author's request, the committee substitute for SB 751 was left pending. The chairman laid out SB 184 by Senator Zaffirini, relating to services and programs provided under and eligibility for temporary assistance for needy families and for food stamps, and recognized Senator Carona, in absence of the author, to explain the bill. Senator Carona sent up a committee substitute for SB 184 and explained the differences between it and the bill as filed. Senator Carona moved the adoption of the committee substitute for SB 184. There being no objection, the motion prevailed by unanimous consent. The chairman laid out SB 1008 by Senator Zaffirini, relating to resource requirements under the temporary assistance for needy families program and the food stamp program, and recognized Senator Carona, in absence of the author, to explain the bill. The chairman laid out SB 34 by Senator Zaffirini, relating to providing dental services to certain recipients of medical assistance, and recognized Senator Carona, in absence of the author, to explain the bill. Senator Carona sent up a committee substitute for SB 34 and explained the differences between it and the bill as filed. Senator Carona moved the adoption of the committee substitute for SB 34. There being no objection, the motion prevailed by unanimous consent. The chairman laid out SB 51 by Senator Zaffirini, relating to the provision of Medicaid to certain persons making the transition from foster care to independent living, and recognized Senator Carona, in absence of the author, to explain the bill. Senator Carona sent up a committee substitute for SB 51 and explained the differences between it and the bill as filed. Senator Carona moved the adoption of the committee substitute for SB 51. There being no objection, the motion prevailed by unanimous consent. At 3:34 p.m. Senator Carona assumed presiding duties. Witnesses testifying and registering on the committee substitute for SB 184 are shown on the attached list. Testimony on the committee substitute for SB 184 was left open. Witnesses testifying and registering on SB 1008 are shown on the attached list. Testimony on SB 1008 was left open. Witnesses testifying and registering on the committee substitute for SB 34 are shown on the attached list. Testimony on the committee substitute for SB 34 was left open. Witnesses testifying and registering on the committee substitute for SB 51 are shown on the attached list. Testimony on the committee substitute for SB 51 was left open. At the chairman's request, the committee substitute for SB 34, the committee substitute for SB 51, the committee substitute for SB 184 and SB 1008, were left pending. No action was taken on the following pending bills: SB 35 by Zaffirini, relating to authorizing the Health and Human Services Commission to make grants to community-based organizations to provide support for long-term care services, SB 46 by Zaffirini, relating to minimum training regarding family violence for certain state employees and other persons administering the financial assistance program and to identification of and services for certain victims of family violence, SB 49 by Zaffirini, relating to applying penalties to recipients of financial and nutritional assistance for certain drug-and alcohol-related convictions, SB 532 by Nelson, relating to medical assistance for certain persons in need of treatment for breast and cervical cancer, SB 572 by Moncrief, relating to the reduction of the shortage of registered nurses by establishing a program to increase enrollments in nursing education programs, increasing nursing faculty, and creating a nursing workforce data center, and SB 595 by Harris, relating to access to certain complaints filed with the Texas State Board of Medical Examiners. There being no other business to come before the committee, Senator Carona recessed the committee by unanimous consent at 4:05 p.m., subject to the call of the chairman. _________________________________________ Senator Mike Moncrief, chairman _________________________________________ Scott Caffey, committee clerk