HBA-ATS, NIK H.B. 2748 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2748 By: Smithee Insurance 6/15/1999 Enrolled BACKGROUND AND PURPOSE State and federal laws require all newborns to be tested for certain treatable genetic and metabolic disorders. This testing is known as "well-child care from birth" and health care plans are responsible for providing payment for such examinations. Until 1998, reimbursement for newborn screening (screening) for all children was the responsibility of the Texas Department of Health (TDH). However, in early 1998, TDH imposed a fee on private pay patients under a rider relating to the building of its new laboratory. While health plans are responsible for providing payments for the examinations, the reimbursements have not been consistent. H.B. 2748 provides that "well-child care from birth" includes screening required by TDH. Under this bill, each health maintenance organization (HMO) is required to ensure that each of its health care plans (plans) includes well-child care from birth that complies with federal requirements adopted and rules adopted by TDH. In addition, each HMO is required to include in its plans coverage for immunization against rotovirus and any other immunization required by statute or rule. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Health in SECTION 1 (Section 9E, Chapter 20A, V.T.I.C.) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 20A, V.T.I.C. (Texas Health Maintenance Organization Act), by adding Sections 9E and 9F, as follows: Sec. 9E. WELL-CHILD CARE FROM BIRTH. Defines "well-child care from birth." Requires each health maintenance organization (HMO) to ensure that each health care plan (plan) provided by the HMO includes well-child care from birth that complies with the federal requirements adopted under Chapter XI, Public Health Service Act (42 U.S.C. Section 300e et seq.), and its subsequent amendments, and the rules adopted by the Texas Department of Health to implement those requirements. Sec. 9F. IMMUNIZATIONS FOR CHILDREN. Requires each HMO to include in its plans coverage for immunization against rotovirus and any other immunization required by statute or rule. SECTION 2.Provides that this Act takes effect immediately except as provided by SECTION 3. SECTION 3.Effective date for Section 9F: September 1, 1999. Makes application of Section 9F prospective for an evidence of coverage that is delivered, issued for delivery, or renewed on or after January 1, 2000. SECTION 4. Emergency clause.