By Patterson                                     S.B. No. 494

      75R214 SAW-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to HIV testing for pregnant women who are Medicaid

 1-3     recipients.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 81.090(l), Health and Safety Code, is

 1-6     amended to read as follows:

 1-7           (l)  A physician or other person may not conduct a standard

 1-8     test for HIV infection under Subsection (a)(2)(B) or (c)(2)(B) if

 1-9     the woman objects.  If a woman objects and that woman is a

1-10     recipient of medical assistance under Chapter 32, Human Resources

1-11     Code, the physician or other person shall report the woman's

1-12     objection  to the Texas Department of Health.

1-13           SECTION 2.  Subchapter B, Chapter 32, Human Resources Code,

1-14     is amended by adding Section 32.043 to read as follows:

1-15           Sec. 32.043.  HIV TESTING DURING PREGNANCY.  (a)  The

1-16     department shall require that a pregnant woman who receives

1-17     assistance under this chapter consent to standard serologic testing

1-18     for HIV infection as required by Section 81.090, Health and Safety

1-19     Code.

1-20           (b)  The department by rule shall provide appropriate

1-21     sanctions for the failure to comply with this section.

1-22           (c)  A woman is exempt from the testing required under this

1-23     section if the testing conflicts with the tenets of an organized

1-24     religion to which the woman belongs.

 2-1           SECTION 3.  If before implementing Section 32.043, Human

 2-2     Resources Code, as added by this Act, the Health and Human Services

 2-3     Commission or other agency determines that a waiver or

 2-4     authorization from a federal agency is necessary for

 2-5     implementation, the commission or other agency shall request the

 2-6     waiver or authorization and may delay implementing that section

 2-7     until the waiver or authorization is granted.

 2-8           SECTION 4.  This Act takes effect September 1, 1997, and

 2-9     applies to a pregnant woman who receives medical assistance under

2-10     Chapter 32, Human Resources Code, on or after that date regardless

2-11     of the date on which eligibility for that assistance was

2-12     determined.

2-13           SECTION 5.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended.