C.S.S.B. 1522 78(R)    BILL ANALYSIS


C.S.S.B. 1522
By: Zaffirini
Appropriations
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Health and Human Services Commission is required to
implement 12-month continuous eligibility in the children's Medicaid
program by June 1, 2003.  In response to the current budget shortfall,
Committee Substitute Senate Bill 1522 delays this implementation by two
years and also authorizes the use of personal interview and third party
information in the determination of eligibility under certain
circumstances. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Health and Human Services Commission in SECTIONS 2 (Section
32.025(e), Human Resources Code) and 3 (Section 32.026(e), Human Resources
Code) of this bill.  It is the committee's opinion that rulemaking
authority expressly granted to the Health and Human Services Commission is
modified in SECTION 1 (Section 10(c), Chapter 584, Acts of the 77th
Legislature, Regular Session, 2001) of this bill. 


ANALYSIS

Committee Substitute Senate Bill 1522 provides for an extension of the
deadline by which the Health and Human Services Commission is required to
adopt rules providing for 12-month continuous eligibility in accordance
with certain sections of the Human Resources Code.  The deadline is
extended from June 1, 2003, to June 1, 2005. 

Committee Substitute Senate Bill 1522 authorizes the department to require
applications for medical assistance for children under 19 years of age to
include  a personal interview with a department representative if it is
determined that such an interview is necessary to verify eligibility
information that cannot be obtained in another manner.  This substitute
also authorizes the commission to develop procedures that require a
personal interview under these circumstances. 

Committee Substitute Senate Bill 1522 authorizes the department to require
recertification reviews for children under 19 years of age to include a
personal interview with a department representative if it is determined
that such an interview is necessary to verify eligibility information that
cannot be obtained in another manner.  This substitute also authorizes the
commission to develop procedures to determine when a personal interview is
required under these circumstances and provides certain guidelines for the
commission to follow in the development of these procedures.  This
substitute also authorizes the commission to use certain third-party
information to verify an applicant's eligibility and need. 

Committee Substitute Senate Bill 1522 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. 
      
Committee Substitute Senate Bill 1522 directs a state agency to request
any waiver or authorization needed to enact any provisions of this Act and
allows a state agency to delay implementation of those provisions until
the waiver or authorization is granted. 


 EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

Committee Substitute Senate Bill 1522 modifies the original by making
nonsubstantive and conforming changes in the sections pertaining to the
requirement for a personal interview in an application for medical
assistance or a recertification review for a child under 19 years of age. 

Committee Substitute Senate Bill 1522 modifies the original by adding
language to provide certain guidelines for the commission to follow in the
development of procedures to determine the need for a personal interview
in the recertification review of a child under 19 years of age.