HBA-NMO C.S.H.B. 2304 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2304
By: Coleman
Public Health
4/5/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, psychologists, social workers, and licensed professional
counselors are eligible to receive Medicaid reimbursement for the provision
of family counseling services.  However, licensed marriage and family
therapists are not eligible for Medicaid reimbursement.  C.S.H.B. 2304
requires the Health and Human Services Commission or an agency operating
part of the medical assistance program, as appropriate, to ensure that a
recipient of medical assistance is authorized to select a licensed marriage
and family therapist to perform any health care service or procedure
covered under the medical assistance program if the selected therapist is
authorized by law to perform the service or procedure.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.027(e), Human Resources Code, to require the
Health and Human Services Commission or any agency operating part of the
medical assistance program, as appropriate, to assure that a recipient of
medical assistance under this chapter is authorized to select a licensed
marriage and family therapist to perform any health care service or
procedure covered under the medical assistance program if the selected
marriage and family therapist is authorized by law to perform the service
or procedure. 
 
SECTION 2.  Requires a state agency, if before implementing any provision
of this Act it determines that a waiver or authorization from a federal
agency is necessary for implementation of that provision, 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 differs from the original in SECTION 1 by amending Section
32.027(e), Health and Safety Code, to require the Health and Human Services
Commission or any agency operating part of the medical assistance program,
as appropriate, to assure that a recipient of medical assistance under this
chapter is authorized to select a licensed marriage and family therapist to
perform any health care service or procedure covered under the medical
assistance program if the selected marriage and family therapist, in
addition to psychologist, is authorized by law to perform the service or
procedure; rather than adding Subsection (j) to Section 32.027 to require
the Health and Human Services Commission or any agency operating part of
the medical assistance program, as appropriate, to permit a recipient of
medical assistance to receive family counseling services through a licensed
marriage and family therapist.