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 2-7     been revoked; and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