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2-7 been revoked; and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