Highlights of the 79th Texas Legislature - Senate

HEALTH AND HUMAN SERVICES/HEALTH CARE
Provides that reports, records, and information furnished to a DSHS employee or to an authorized agent of the
department that relate to cases or suspected cases of a health condition are confidential and may be used only for
the purposes of Chapter 96, Health and Safety Code. Provides that reports, records, and information relating to
cases or suspected cases of health conditions are not public information under Chapter 552 (Public Information),
Government Code, and prohibits them from being released or made public on subpoena or otherwise except as
provided by Chapter 96, Health and Safety Code.
Rates for Medical Services Provided by DARS─H.B. 1912
By Representative Hupp—Senate Sponsor: Senator Nelson
During a Sunset Advisory Commission review of the Texas Rehabilitation Commission (TRC) and the Texas
Commission on the Blind (TCB), the need to establish rates for medical services using a cost-based methodology
was identified. Subsequent legislation defined the rate-setting provisions for TRC and TCB. H.B. 2292, 78th
Legislature, Regular Session, 2003, combined TRC and TCB under the Department of Assistive and Rehabilitative
Services (DARS), and provided multiple rate setting processes within DARS for these divisions. This bill:
Requires the executive commissioner of the Health and Human Services Commission (executive commissioner) by
rule to adopt standards governing the determination of rates paid for medical services provided under Subchapter D,
Chapter 117, Human Resources Code.
Requires the executive commissioner to establish a schedule of rates based on the standards adopted.
Requires the executive commissioner, in adopting the rate schedule, to compare the proposed rate schedule to other
cost-based and resource-based rates for medical services, including rates paid under the Medicaid and Medicare
programs and, for any rate adopted that exceeds the Medicaid or Medicare rate for the same or a similar service,
document the reasons why the adopted rate reflects consideration of the best value, provider availability, and
consumer choice.
Requires the executive commissioner to provide notice to interested persons and allow those persons to present
comments before adopting the standards and schedule of rates.
Requires the rules to provide for an annual reevaluation of the rates.
County Expenditures for Certain Health Care Services—H.B. 2618
By Representative Eiland—Senate Sponsor: Senator Nelson
Currently, services provided at a federally qualified health center (FQHC) are included among the optional services
that a county may offer under the state's Indigent Health Care and Treatment Act (Act). The funding a county gives
to a FQHC can be counted toward meeting the eight percent spending threshold a county must surpass to receive
state funding. In order to apply this money toward the threshold, however, the county must spend the money on
services for people who meet the eligibility criteria laid out in the Act. Under current law, a county may credit an
expenditure for an eligible resident toward eligibility for state assistance if the eligible resident received care at a
hospital maintained or operated by a state agency. This bill:
Allows counties to credit money given to FQHCs toward their eligibility for state assistance.
102 HIGHLIGHTS - 79 TH TEXAS LEGISLATURE