SRC-JEC H.B. 728 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 728
78R2133 KEG-DBy: Delisi (Duncan)
Health & Human Services
5/10/2003
Engrossed


DIGEST AND PURPOSE 

The 77th Texas Legislature authorized the extension of continuous Medicaid
eligibility from six months to 12 months.  The resulting cost to the state
would be $702.9 million in state and federal funds for the 2004-2005
biennium.  H.B. 728 amends the law to retain the six-month eligibility and
postpone the implementation of the 12-month Medicaid eligibility period
until fiscal year 2006. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 10(c), Chapter 584, Acts of the 77th
Legislature, Regular Session, 2001, to require the Health and Human
Services Commission or the appropriate state agency operating part of the
medical assistance program under Chapter 32, Human Resources Code, to
adopt rules required by Section 32.0261, Human Resources Code, as added by
this Act, so that the rules take effect in accordance with that section
not earlier than September 1, 2005, rather than 2002.  Deletes a provision
requiring the rules to take effect not later than June 1, 2003. 

SECTION 2.  Provides that if before implementing any provision of this Act
a state agency determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, the agency
affected by the provision is required to request the waiver or
authorization and is authorized to delay implementing that provision until
the waiver or authorization is granted. 

SECTION 3.  Effective date:  upon passage or September 1, 2003.