S.B. 1862 78(R)    BILL ANALYSIS


S.B. 1862
By: Bivins
Appropriations
Committee Report (Unamended)


BACKGROUND AND PURPOSE 

Due to the current budget shortfall,  state agencies and institutions of
higher education were asked to prioritize spending based on core functions
and essential services.  The committee looked to these priorities in
preparation of the budget; however, certain statutory changes are also
needed to conform with appropriations levels in the 2004-05 General
Appropriations Act.  Senate Bill 1862 authorizes these statutory changes
for the health and human services agencies listed under Article II of the
2004-05 General Appropriations Act.     


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

  
ANALYSIS

Senate Bill 1862 imposes a quality assurance fee on each facility owned by
the Texas Department of Mental Health and Mental Retardation.  

Senate Bill 1862 alters the manner in which patient days are calculated by
deleting language that allows the number of beds on hold for a
hospitalized patient to be included in the calculation and requires the
report on patient days be made no later than the 20th, rather than the
10th, day of the month. 

Senate Bill 1862 allows the Health and Human Services Commission, subject
to legislative appropriation and state and federal law, to use proceeds
from the quality assurance fee to offset expenses incurred in
administration of this fee, to increase certain reimbursement rates, or
for any other health and human services purpose approved by the governor
and Legislative Budget Board.  This bill also repeals Section 252.207(b)
of the Health and Safety Code. 

Senate Bill 1862 authorizes each health and human services agency to
reduce expenditures by (1) consolidating required reports and publications
and filing or delivering them exclusively by electronic means; (2)
extending the effective period of any license, permit, or registration
granted or administered by the agency; (3) contracting with a governmental
entity or private vendor to carry out agency duties; (4) providing that
any communications or document delivery between the agency and another
entity be made by electronic mail or through the Internet; and (5)
adopting and collecting fees or charges to cover agency costs in
performing its lawful functions. 

Senate Bill 1862 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.