HBA-JRA, RBT, NMO H.B. 1285 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1285
By: Janek
Public Health
7/22/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the law did not require the presence of a
child's parent or guardian during a visit to the child's Medicaid primary
care physician. Because of the lack of a witness to treatment, questions
have been raised regarding physician reimbursement from Medicaid.  H.B.
1285 requires the Texas  Department of Human Services to require that a
child younger than 15 be accompanied by the child's parent or guardian or
another adult authorized by the parent or guardian to accompany the child
at a visit or screening as a condition of eligibility for physician
reimbursement under the program.  This bill also provides an exception to
this requirement for services provided by a school health clinic, Head
Start program, or child-care facility that obtains proper consent and
encourages parental involvement in and management of the health care of the
children receiving such services. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority previously delegated to the Texas Department of Human Services is
modified in SECTION 1 (Section 32.024, Human Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.024, Human Resources Code, by amending
Subsection (s) and adding Subsection (s-1), as follows: 

(s)  Requires the Texas Department of Human Services, in its rules
governing the early and periodic screening, diagnosis, and treatment
program to require that a child younger than 15 be accompanied by the
child's parent or guardian or another adult authorized by the child's
parent or guardian to accompany the child at a visit or screening, as a
condition of eligibility for reimbursement under the program for the cost
of services provided at the visit or screening.  Makes conforming changes. 

(s-1)  Provides that this requirement does not apply to services provided
by a school health clinic, Head Start program, or child-care facility that
obtains written consent from the child's parent or guardian within one year
preceding the date on which the services are provided and that consent has
not been revoked and that encourages parental involvement in and management
of the health care of children receiving services from the clinic, program,
or facility. 

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

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.