SRC-AXB S.B. 465 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 465
76R5031  KKA-FBy: Ogden
Human Services
4/12/1999
As Filed
DIGEST 

Currently, the Health and Human Services Commission (HHS) or a state agency
operating part of the medical assistance program, has the authority, and in
some cases, the responsibility, to provide medical assistance to certain
persons, including minors.  There is concern that allowing minor females to
obtain birth control and other prescription drugs without their parents'
knowledge disregards the psychological issues surrounding teenage sexual
activity and potential low self esteem. This bill would clarify the HHS's
role by requiring parental consent before state funded medical services are
provided to a child, and allowing medical assistance only if permitted
under state law. 

PURPOSE

As proposed, S.B. 465 clarifies the authority of the Health and Human
Services Commission regarding providing financial medical assistance, and
requires guardian consent to state funded medical services, including
prescription drugs, which are provided to a child. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 32.002, Human Resources Code, by adding
Subsection (c), as follows: 

(c)  Prohibits this chapter from being interpreted to require that state
money be used to provide medical care to a child without required guardian
consent. 

SECTION 2.  Amends Section 32.024, Human Resources Code, by amending
Subsections (a) and (b) and adding Subsection (v), as follows: 

(a)  Requires the Health and Human Services Commission (HHS) or an agency
operating as apart of the medical assistance program, to provide medical
assistance to certain persons if permitted under state law. 

(b)  Authorizes the HHS to provide medical assistance to persons
financially unable to pay the cost if the provision of medical assistance
for these persons is permitted under state law.  

(v)  Prohibits the HHS from using state money to provide prescription drugs
to a child without required guardian consent.  Sets forth circumstances
under which a child is exempted from this section. 

SECTION 3.  Authorizes the HHS to modify or suspend provisions of this Act
if they ascertain that implementation of this Act will result in a loss of
federal funds.  Requires the entity which modifies or suspends
implementation of this Act to report that fact to the governor and
Legislative Budget Board immediately. 

SECTION 4.  Effective date:  September 1, 1999.

SECTION 5.  Emergency clause.