HBA-NMO C.S.H.B. 2565 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2565 By: Christian Public Health 4/6/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law requires county hospitals to provide health care assistance to indigent patients. Patients from adjacent counties often obtain health care at certain county hospitals. These patients are instructed to file the required paperwork upon their release with their county of residence so that the county may arrange payment to the hospital. If a patient does not file the paperwork, it may be difficult for the hospital to obtain payment. C.S.H.B. 2565 authorizes a county hospital or hospital district to obtain information from certain indigent patients to permit the county hospital or hospital district to submit a claim to the county that is liable for payment for health care services rendered to that patient, and amends notification of services requirements. This bill also requires the Texas Department of Health to study the feasibility of the issuance of identification cards for the purpose of delivering indigent health care. 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 Subchapter B, Chapter 61, Health and Safety Code, by adding Section 61.0335, as follows: Sec. 61.0335. SERVICES PROVIDED BY PUBLIC HOSPITAL OR HOSPITAL DISTRICT; INFORMATION NECESSARY TO DETERMINE ELIGIBILITY IN ADJACENT COUNTY. (a) Authorizes a public hospital or hospital district that provides health care services to a patient who the public hospital or hospital district suspects is an eligible county resident (an eligible resident of a county who does not reside in the service area of a public hospital or hospital district) for which a county is liable for health care services under Section 61.033 (Payment for Services) to require the patient to provide any information necessary to establish that the person is an eligible county resident; and authorize the release of information relating to the patient, including medical information and eligibility information, to permit the public hospital or hospital district to submit a claim to the county that is liable under Section 61.033. (b) Requires a county that receives information under Subsection (a) to use the information to determine whether the person to whom services were provided is an eligible county resident and, if so, require the county to pay the claim made by the public health hospital or hospital district in accordance with this subchapter (County Responsibility for Persons Not Residing in an Area Served by a Public Hospital or Hospital District). (c) Authorizes the application, documentation, and verification procedures established by the Texas Department of Health (TDH) for counties under Section 61.006 (Standards and Procedures) to include a standard format for obtaining information under Subsection (a) to facilitate eligibility and residence determinations. (d) Provides that a county is an adjacent county if it shares a border with the service area of the public hospital or hospital district, or all or part of the service area of the public hospital or hospital district is located in the county, but is not coextensive with the county. SECTION 2. Amends Section 61.031(b), Health and Safety Code, to require a health care provider that provides a patient with indigent health care nonemergency services to notify the patient's county of residence of such by telephone not later than the 72nd hour, rather than as soon as possible, after the provider determines the patient's county of residence; and by mail postmarked not later than the fifth, rather than third, working day after the date on which the provider determines the patient's county of residence. SECTION 3. Amends Section 61.032(a), Health and Safety Code, to make conforming changes. SECTION 4. Amends Section 61.058(b), Health and Safety Code, to make conforming changes. SECTION 5. Amends Section 61.059(a), Health and Safety Code, to make conforming changes. SECTION 6. Requires TDH to study the feasibility of requiring or permitting a county, public hospital, and hospital district to issue a uniform identification card to an eligible county resident or eligible service area resident, as appropriate, that identifies the resident as eligible for health care assistance under Chapter 61 (Indigent Health Care and Treatment Act), Health and Safety Code. Requires TDH, not later than December 15, 2000, to report the results of its study to the governor, lieutenant governor, and the speaker of the house of representatives. SECTION 7.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute differs from the original in SECTION 1 by adding "adjacent" to the title of proposed Section 61.0335, Health and Safety Code, to yield "Services Provided by Public Hospital or Hospital District; Information Necessary to Determine Eligibility in Adjacent County." Adds Subsection (d) to define an "adjacent county." The substitute differs from the original in SECTION 2 by amending Section 61.031(b), Health and Safety Code, to require a health care provider that provides a patient with indigent health care nonemergency services to notify the patient's county of residence of such by telephone not later than the 72nd hour, rather than as soon as possible, after the provider determines the patient's county of residence; and by mail postmarked not later than the fifth, rather than third, working day after the date on which the provider determines the patient's county of residence. The substitute adds SECTIONS 3, 4, and 5 to amend Sections 61.032(a), 61.058(b), and 61.059(a), Health and Safety Code, respectively, to make changes conforming to SECTION 2. SECTIONS 6 and 7 of the substitute are redesignated from SECTIONS 2 and 3 of the original, respectively.