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.