HBA-NRS H.B. 1152 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1152
By: Raymond
Public Health
3/4/2001
Introduced



BACKGROUND AND PURPOSE 

The frail elderly program (FEP) provides Medicaid-funded personal care and
attendant services to disabled elderly individuals. The Senate Committee on
Human Services interim report to the 77th Legislature recommended expanding
FEP to include prescription drug coverage and allowing greater delegation
of tasks to home health aides through FEP and the primary home care
program. In addition, the committee recommends the use of presumptive
eligibility for Medicaid to speed the initiation of services to prevent
more costly treatment such as hospitalization or institutional care. House
Bill 1152 implements the committee's recommendations by requiring the
Health and  Human Services Commission to provide these services.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 2 (Section 32.026, Human Resources Code), and SECTION
3 (Section 32.053, Human Resources Code) of this bill. 

ANALYSIS

House Bill amends the Human Resources Code to require the Health and Human
Services Commission (HHSC) to provide coverage for three prescribed
medications each month for a recipient of services under the frail elderly
program. The bill requires HHSC to provide, by rule, for the determination
and certification of presumptive eligibility for a person who appears to
meet  Medicaid eligibility criteria for the receipt of services under the
primary home care program or community-based alternatives program. In its
rules governing the primary home care program, HHSC is required to permit a
registered nurse to delegate to an unlicensed attendant appropriate nursing
tasks under the nurse's supervision in accordance with rules adopted by the
Board of Nurse Examiners. 

EFFECTIVE DATE

September 1, 2001.