HBA-MPM H.B. 2866 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2866 By: Kuempel Public Health 6/7/1999 Enrolled BACKGROUND AND PURPOSE In 1995, the Texas Legislature added a provision to the Health and Safety Code (Section 61.037) which provided that a country with a joint county/city hospital can receive state indigent care funds if the county spends at least 10 percent of its general revenue tax levy to provide mandatory health care services to residents qualifying for assistance under Section 61.006, Health and Safety Code, which covers the Texas Department of Health's establishment of eligibility standards for indigent health care. This provision affected two counties providing such health care, Guadalupe and Medina counties. Prior to the 76th Texas Legislative Session, Guadalupe County was ineligible to receive state indigent care funds due to the fact that it allowed a higher income for eligible residents than did the state. The county could only receive funds for those residents meeting state poverty standards, and not those who meet the county's poverty standards, and only money spent on health care for stateeligible residents counted toward the 10 percent required to receive funds from the state. H.B. 2866 amends the statute so that it refers to residents who qualify for assistance under Section 61.052 (General Eligibility Provisions), Health and Safety Code, thereby allowing public hospitals to set a less restrictive income standard for determining which residents are eligible for indigent health care than that set by the state. 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 61.037(e), Health and Safety Code, to qualify for assistance under Section 61.052 (General Eligibility Provisions), Health and Safety Code, rather than Section 61.006 (Standards and Procedures), Health and Safety Code, those eligible county residents for whom the county spends in a state fiscal year at least 10 percent of the county general revenue levy for the year to provide mandatory health care services. SECTION 2. Amends Section 61.038(a), Health and Safety Code, to make conforming changes. SECTION 3. Makes change in law made by this Act applicable only to state assistance under Chapter 61 (Indigent Health Care and Treatment Act), Health and Safety Code, as amended by this Act, for mandatory health care services that are delivered on or after January 1, 2000. SECTION 4.Emergency clause. Effective date: upon passage.