SRC-TJG S.B. 1522 78(R)BILL ANALYSIS


Senate Research CenterS.B. 1522
By: Zaffirini
Finance
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, the Health and Human Services Commission (HHSC) is required to
implement 12 months of continuous eligibility in the children's Medicaid
program by June 1, 2003.  S.B. 1522 delays by two years the implementation
of 12 months of continuous eligibility, requiring HHSC to implement that
provision by September 1, 2005.  This bill also authorizes HHSC, by rule,
to develop procedures that require certain applicants to have a personal
interview with an HHSC representative when it is determined that the
information needed to verify eligibility cannot be obtained in any other
manner and authorizes HHSC to use third-party information in under certain
circumstances.. 


RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of the
Health and Human Services Commission in SECTION 2 (Section 32.025, Human
Resources Code) and SECTION 3 (Section 32.026, Human Resources Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Requires the Health and Human Services Commission (HHSC) 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, 2002, or later than September 1, 2005, rather than June 1,
2003. 

SECTION 2.  Amends Section 32.025(e), Human Resources Code, as follows:

(e) Requires HHSC 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 an HHSC office, unless HHSC determines
that the information needed to verify eligibility cannot be obtained in
that manner.  Authorizes HHSC, by rule, to develop procedures requiring an
application for a child described by this section to be conducted by a
personal interview with an HHSC representative when it is determined that
the information needed to verify eligibility cannot be obtained in any
other manner. 

SECTION 3.  Amends Section 32.026, Human Resources Code, by amending
Subsection (e) and adding Subsection (g), as follows: 

(e) Requires HHSC 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
an HHSC office, unless HHSC determines that the information needed to
verify eligibility cannot be obtained in that manner. Authorizes HHSC, by
rule, to develop procedures to determine whether there is a need for a
recertification review of a child described by this subsection to be
conducted by a personal interview with an HHSC representative.  Requires
procedures developed under this subsection to be based on objective,
risk-based factors and conditions and to focus on a targeted group of
recertification reviews for which there is a high probability that
eligibility will not be recertified. 
 
(g) Authorizes HHSC, notwithstanding any other provision of this code, to
use information obtained from a third party to verify the assets and
resources of a person for purposes of determining the person's eligibility
and need for medical assistance. Provides that third-party information
includes information obtained from certain entities. 

SECTION 4.  Provides that in the event of a conflict between a provision
of this Act and another Act passed by the 78th Legislature, Regular
Session, 2003, that becomes law, this Act prevails and controls regardless
of the relative dates of enactment. 

SECTION 5.  Requires the agency affected by the provision to request that
waiver or authorization and authorizes the agency affected by the
provision to delay implementing that provision until the waiver or
authorization is granted, 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. 

SECTION 6.  Effective date: upon passage or September 1, 2003.