82R4407 SJM-D By: Gonzales of Hidalgo H.B. No. 3144 A BILL TO BE ENTITLED AN ACT relating to the advisory committee on Medicaid and child health plan program rate and expenditure disparities between the Texas-Mexico border region and other areas of the state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 531.0223(a)(2), Government Code, is amended to read as follows: (2) "Committee" means the advisory committee on Medicaid and child health plan program rate and expenditure [funding] disparities between the Texas-Mexico border region and other areas of the state [in health programs] appointed by the executive commissioner under this section. SECTION 2. Sections 531.0223(b), (c), (d), (e), (o), and (p), Government Code, are amended to read as follows: (b) The executive commissioner shall appoint an advisory committee to develop a strategic plan for eliminating the disparities between the Texas-Mexico border region and other areas of the state in: (1) capitation rates under Medicaid managed care and the child health plan program for services provided to persons younger than 19 years of age; (2) fee-for-service per capita expenditures under the Medicaid program and the child health plan program for inpatient and outpatient hospital services for services provided to persons younger than 19 years of age; and (3) total professional services expenditures per Medicaid recipient younger than 19 years of age or per child enrolled in the child health plan program. (c) Periodically the committee shall perform the research necessary to analyze and compare the rates and expenditures described by Subsection (b) and, not later than the date specified by the executive commissioner, produce a report based on the results of that analysis and comparison. (d) The committee shall, as part of the report required by Subsection (c), make recommendations to the executive commissioner for addressing the problems created by disparities documented in the report, including recommendations for allocation of funds. (e) The executive commissioner shall appoint nine members to the advisory committee in a manner that ensures that the committee: (1) represents the spectrum of geographic areas included in the Texas-Mexico border region; (2) includes persons who are knowledgeable regarding the Medicaid program, including Medicaid managed care, and the child health plan program; and (3) represents the interests of physicians, hospitals, patients, managed care organizations, state agencies involved in the management and delivery of medical resources of any kind, affected communities, and other areas of the state. (o) The commission shall [contract with a public university to]: (1) measure changes occurring from September 1, 2002 [2001], to August 31, 2014 [2004], in the number of health care providers participating in the Medicaid program or the child health plan program in the Texas-Mexico border region and resulting effects on consumer access to health care and consumer utilization; (2) determine: (A) the effects, if any, of the changes in rates and expenditures required by Subsection (k); and (B) if funding available and used for changes in rates and expenditures was sufficient to produce measurable effects; (3) make a recommendation regarding whether Medicaid rate increases should be expanded to include Medicaid services provided to adults in the Texas-Mexico border region; and (4) not later than December 1, 2014 [2004], submit a report to the legislature. (p) This section expires September 1, 2015 [2011]. SECTION 3. The advisory committee on Medicaid and child health plan program rate and expenditure disparities between the Texas-Mexico border region and other areas of the state is re-created in accordance with Section 531.0223, Government Code, as amended by this Act. Not later than December 1, 2011, the executive commissioner of the Health and Human Services Commission shall appoint the members of the advisory committee as required by that section. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.