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


Office of House Bill AnalysisC.S.H.B. 1285
By: Janek
Public Health
3/16/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law does 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.  C.S.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. 

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(s), Human Resources Code, to require 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. 

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. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute specifies that a child must be accompanied at a medical
visit or screening by an adult if the child is under 15 in order to be
reimbursed for the costs of the visit or screening.  The substitute adds an
adult authorized by the child's parent or guardian to the list of people
that can accompany the child.