HBA-RBT C.S.H.B. 3638 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3638 By: Naishtat Human Services 4/9/1999 Committee Report (Substituted) 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. C.S.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 Texas Health and Human Services Commission or an agency operating part of a public assistance program under Chapter 31 (Financial Assistance and Service Programs), 32 (Medical Assistance Program), or 33 (Nutritional Assistance Programs), Human Resources Code, 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 public assistance benefits under Chapter 31, 32, or 33, brought by an applicant for or a recipient of the benefits. (c) Provides that for purposes of Section 2001.171 (Judicial Review), Government Code, an applicant for or recipient of public assistance benefits under Chapter 31, 32, or 33, 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 31.034 (Appeal From Local Administrative Units) or 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 delete language referring to an exception in regards to the granting, payment, denial, or withdrawal of financial or medical assistance or benefits under service programs of the Texas Department of Human Services. 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 JUDGMENT 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 public assistance benefits under Chapter 31, 32, or 33, Human Resources Code. SECTION 4. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 5. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in each proposed section by specifying that it applies to public assistance benefits under Chapter 31 (Financial Assistance and Service Programs), 32 (Medical Assistance Program), or 33 (Nutritional Assistance Programs), Human Resources Code, rather than medical assistance administered by the commission. Makes conforming and nonsubstantive changes.