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.