HBA-DMH C.S.S.B. 43 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 43 By: Zaffirini Public Health 5/5/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, the application process for children that are eligible for Medicaid can be complex and confusing for those required to go through the process. The state child health plan (CHIP) application process is much less complex. Simplifying the Medicaid enrollment process for children could increase the number of enrolled children, which could benefit the state by reducing the number of children absent from school and the number of parents unexpectedly missing work to care for a sick child. C.S.S.B. 43 modifies the application requirements for Medicaid to streamline the application and renewal process. 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 3 (Section 32.0261, Human Resources Code) and SECTION 5 of this bill. ANALYSIS C.S.S.B. 43 amends the Human Resources Code to require the Health and Human Services Commission (HHSC) to adopt application forms and procedures for a request for medical assistance provided to children under 19 years of age (child) that are similar to application forms and procedures adopted under the state child health plan (CHIP). The bill requires HHSC to permit an application requesting medical assistance for a child to be conducted by mail instead of through a personal appearance at an HHSC office. In adopting rules, HHSC is required to ensure that documentation and verification procedures used in determining and certifying a child's eligibility and need for medical assistance, including the procedures used to evaluate the assets and resources of the child, the child's parents, or the child's other caretaker are the same as those used to determine and certify a child's eligibility for CHIP coverage. The bill provides the exception that the procedure adopted may not be more stringent than the procedures under CHIP existing on January 1, 2001. The bill also requires HHSC to permit a recertification review of the child's eligibility and need for medical assistance to be conducted by telephone or mail instead of in person. The bill requires HHSC to adopt rules, in accordance with federal law, not later than February 1, 2002, to provide for a period of continuous eligibility for a child who is established eligible for the medical assistance program. The bill requires that the rules provide that such a child remains eligible for medical assistance, without additional review by HHSC and regardless of changes in the child's resources or income, until the earlier of either the first anniversary of the date on which the child's eligibility was determined or the child's 19th birthday. EFFECTIVE DATE January 1, 2002. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 43 differs from the original bill by requiring the Health and Human Services Commission to provide for a period of continuous eligibility for a child under 19 years of age who is established to be eligible for medical assistance. The original provided for such a period of continuous eligibility for a child under five year of age and authorized the expansion of continuous eligibility to children under 19 years of age depending on the availability of funds.