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.