1-1 AN ACT 1-2 relating to requiring attendance of a child's parent, guardian, or 1-3 other authorized adult at well-child examinations under the state 1-4 Medicaid program. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 32.024, Human Resources Code, is amended 1-7 by amending Subsection (s) and adding Subsection (s-1) to read as 1-8 follows: 1-9 (s) The department, in its rules governing the early and 1-10 periodic screening, diagnosis, and treatment program, shall: 1-11 (1) revise the periodicity schedule to allow for 1-12 periodic visits at least as often as the frequency recommended by 1-13 the American Academy of Pediatrics and allow for interperiodic 1-14 screens without prior approval when there are indications that it 1-15 is medically necessary; and 1-16 (2) require, as a condition for eligibility for 1-17 reimbursement under the program for the cost of services provided 1-18 at a visit or screening, that a child younger than 15 years of age 1-19 be accompanied at the visit or screening by: 1-20 (A) the child's parent or guardian; or 1-21 (B) another adult, including an adult related to 1-22 the child, authorized by the child's parent or guardian to 1-23 accompany the child. 1-24 (s-1) Subsection (s)(2) does not apply to services provided 2-1 by a school health clinic, Head Start program, or child-care 2-2 facility, as defined by Section 42.002, if the clinic, program, or 2-3 facility: 2-4 (1) obtains written consent to the services from the 2-5 child's parent or guardian within the one-year period preceding the 2-6 date on which the services are provided, and that consent has not 2-7 been revoked; and 2-8 (2) encourages parental involvement in and management 2-9 of the health care of children receiving services from the clinic, 2-10 program, or facility. 2-11 SECTION 2. If before implementing any provision of this Act 2-12 a state agency determines that a waiver or authorization from a 2-13 federal agency is necessary for implementation, the state agency 2-14 shall request the waiver or authorization and may delay 2-15 implementing that provision until the waiver or authorization is 2-16 granted. 2-17 SECTION 3. This Act takes effect September 1, 1999. 2-18 SECTION 4. The importance of this legislation and the 2-19 crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1285 was passed by the House on April 22, 1999, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 1285 on May 20, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 1285 was passed by the Senate, with amendments, on May 18, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor