81R1065 CLG-D
 
  By: Zerwas H.B. No. 497
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a study to determine the effect on the health care
  infrastructure in this state if the state Medicaid program is
  abolished or a severe reduction in federal matching money under the
  program occurs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a) The Health and Human Services Commission and
  Texas Department of Insurance shall conduct a joint study to
  determine the effect on the health care infrastructure in this
  state, including health care delivery mechanisms, if the state
  Medicaid program is abolished or the amount of federal matching
  money available to the state under the program is severely reduced.
  The study must address the effect on the availability of and
  accessibility to health care services provided under the state
  Medicaid program as of the effective date of this Act.
         (b)  As part of the study, the Health and Human Services
  Commission and Texas Department of Insurance shall:
               (1)  identify all available health care resources
  throughout the state, both public and private, that are not funded
  wholly or partly by the state Medicaid program;
               (2)  determine the extent to which the state Medicaid
  program has become a substitute for health care coverage by private
  health care providers or charitable care providers, and, if the
  study finds that a crowd-out effect has occurred, recommend
  policies the state should implement to limit the crowd-out effect
  and increase the number of private health care and charitable care
  providers;
               (3)  identify which population groups receiving
  services under the state Medicaid program as of the effective date
  of this Act would be most at risk of losing those services if the
  program were abolished or the amount of federal matching money
  available to the state under the program were severely reduced; and
               (4)  determine the effect abolishment of the state
  Medicaid program would have on local health care service providers
  and local financing mechanisms that provide or support care to
  individuals who cannot afford necessary health care services.
         (c)  Not later than July 1, 2010, the Health and Human
  Services Commission and Texas Department of Insurance shall submit
  a joint report of the commission's and department's findings and
  conclusions resulting from the study, and any recommendations
  required under Subsection (b)(2) of this section, to the lieutenant
  governor, the speaker of the house of representatives, and the
  presiding officers of the standing committees of the senate and
  house of representatives having primary jurisdiction over health
  and human services. The report must include:
               (1)  a statewide plan for making a transition of the
  provision and delivery of health care services from the state
  Medicaid program to a new health care delivery system if the program
  were abolished or the amount of federal matching money available to
  the state under the program were severely reduced; and
               (2)  an analysis of the fiscal impact to this state of
  continuing to provide health care services to population groups
  served by the state Medicaid program if the program were abolished
  or the amount of federal matching money available to the state under
  the program were severely reduced, including a fiscal analysis for
  each phase of the transition plan described by Subdivision (1) of
  this subsection.
         (d)  The executive commissioner of the Health and Human
  Services Commission and the commissioner of insurance shall adopt
  the transition plan required by Subsection (c)(1) of this section
  as a contingency plan for transitioning recipients of health care
  services from the state Medicaid program to a new health care
  delivery system.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.