HBA-RBT H.B. 3638 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3638
By: Naishtat
Human Services
4/6/1999
Introduced



BACKGROUND AND PURPOSE 

Almost all decisions made by a state agency or regulatory board are subject
to judicial review. However, decisions regarding Medicaid are not subject
to judicial review in state courts, only in federal court.  H.B. 3638
provides for state court judicial review of Medicaid. 
.  
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 Chapter 22, Human Resources Code, by adding section
22.0181, as follows: 

Sec.  22.0181.  JUDICIAL REVIEW.  (a) Defines "commission" to be the Health
and Human Services Commission or an agency operating part of the medical
assistance program, as appropriate.   

(b) Provides that Subchapters G (Contested Cases; Judicial Review) and H
(Court of Enforcement), Chapter 2001 (Administrative Procedure), Government
Code, govern an appeal of a commission decision related to medical
assistance administered by the commission brought by an applicant for or a
recipient of medical assistance.   

(c) Provides that for purposes of Section 2001.171 (Judicial Review),
Government Code, an applicant for or recipient of medical assistance
administered by the commission has exhausted all of the commission's
available administrative remedies when the commission after a hearing
reaches a final decision related to the benefits, including a decision
under Section 32.035 (Appeals), Human Resources Code.  Provides that the
applicant or recipient is not required to file a motion for rehearing with
the commission and the commission's decision is considered final on the
date it is rendered. 

(d) Prohibits the cost of preparing the record and the transcript from
being charged to the applicant for or recipient of the benefits. 

(e) Provides that an appeal described by Subsection (b) takes precedence
over all civil cases except workers' compensation and unemployment cases. 

(f) Provides that the appellee is the commission.

SECTION 2.  Amends Section 2001.223, Government Code, to remove medical
assistance from the exemption provided by this chapter.  Makes a change to
conform to the recodification of the statutes. 

SECTION 3.  Amends Subchapter I, Chapter 2001, Government Code, by adding
Section 2001.2231, as follows: 

Sec.  2001.2231.  EXCEPTION FROM DECLARATORY JUDGEMENT AND CONTESTED CASE
PROVISIONS.  Provides that Section 2001.038 (Declaratory  Judgment) and
Subchapter C through F, Chapter 2001 (Administrative Procedure), Government
Code, do not apply to the granting, payment, denial, or withdrawal of
medical assistance administered by the commission or any agency that
operates part of the medical assistance program. 

SECTION 4.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 5.  Emergency clause.