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


Senate Research CenterC.S.S.B. 465
By: Ogden
Human Services
4/22/1999
Committee Report (Substituted)
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 HHS's role
by requiring parental consent before state-funded medical and dental
services are provided to a child. 

PURPOSE

As proposed, C.S.S.B. 465 clarifies the authority of the Health and Human
Services Commission regarding financial medical assistance, and requires
guardian consent to state-funded medical and dental services. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Health and Human Services Commission
or an agency operating part of the medical assistance program in SECTION 1
(Section 32.0242(b), Human Resources Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 32B, Human Resources Code, by adding Section
32.0242, as follows: 

Sec.  32.0242.  CERTAIN PAYMENTS PROHIBITED.  Prohibits the Health and
Human Services Commission or an agency operating part of the medical
assistance program (department), from using state funds to provide certain
services to an eligible child without the consent of certain individuals.
Requires the department to implement rules implementing this section.  Sets
forth a provision allowing care to be provided to a child, if the health
care provider has obtained written consent that complies with certain
deadlines.  Provides an exception to this section for certain children.   

SECTION 2.  Authorizes the Health and Human Services Commission and certain
state agencies to modify or suspend provisions of this Act only if they
ascertain that implementation of this Act will result in a loss of federal
funds, and if they receive certain written determination.  Requires the
entity which modifies or suspends implementation of this Act to report that
fact to the governor and the Legislative Budget Board immediately. 

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Deletes existing SECTIONS 1 and 2, and adds Section 32.0242, Human
Resources Code, regarding certain prohibited payments. 

 SECTION 2.

Redesignated from SECTION 3.  Adds text regarding a written determination
from a federal agency.  Makes nonsubstantive changes. 

SECTION 3.

 Redesignated from SECTION 4.

SECTION 4.

 Redesignated from SECTION 5.