1-1     By:  Janek (Senate Sponsor - Nelson)                  H.B. No. 1285
 1-2           (In the Senate - Received from the House April 23, 1999;
 1-3     April 26, 1999, read first time and referred to Committee on Human
 1-4     Services; May 3, 1999, rereferred to Committee on Health Services;
 1-5     May 13, 1999, reported favorably, as amended, by the following
 1-6     vote:  Yeas 4, Nays 0; May 13, 1999, sent to printer.)
 1-7     COMMITTEE AMENDMENT NO. 1                               By:  Nelson
 1-8           Amend H.B. No. 1285 as follows:
 1-9           (1)  In SECTION 1 of the bill, in the introductory language
1-10     (House engrossment, page 1, lines 34 and 35), strike "Section
1-11     32.024(s), Human Resources Code, is amended" and substitute
1-12     "Section 32.024, Human Resources Code, is amended by amending
1-13     Subsection (s) and adding Subsection (s-1)".
1-14           (2)  In SECTION 1 of the bill, immediately following amended
1-15     Section 32.024(s), Human Resources Code (House engrossment, page 1,
1-16     between lines 50 and 51), insert the following:
1-17           (s-1)  Subsection (s)(2) does not apply to services provided
1-18     by a school health clinic, Head Start program, or child-care
1-19     facility, as defined  by Section 42.002, if the clinic, program, or
1-20     facility:
1-21                 (1)  obtains written consent to the services from the
1-22     child's parent or guardian within the one-year period preceding the
1-23     date on which the services are provided, and that consent has not
1-24     been revoked; and
1-25                 (2)  encourages parental involvement in and management
1-26     of the health care of children receiving services from the clinic,
1-27     program, or facility.
1-28                            A BILL TO BE ENTITLED
1-29                                   AN ACT
1-30     relating to requiring attendance of a child's parent, guardian, or
1-31     other authorized adult at well-child examinations under the state
1-32     Medicaid program.
1-33           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-34           SECTION 1.  Section 32.024(s), Human Resources Code, is
1-35     amended to read as follows:
1-36           (s)  The department, in its rules governing the early and
1-37     periodic screening, diagnosis, and treatment program, shall:
1-38                 (1)  revise the periodicity schedule to allow for
1-39     periodic visits at least as often as the frequency recommended by
1-40     the American Academy  of Pediatrics and allow for interperiodic
1-41     screens without prior approval when there are indications that it
1-42     is medically necessary; and
1-43                 (2)  require, as a condition for eligibility for
1-44     reimbursement under the program for the cost of services provided
1-45     at a visit or screening, that a child younger than 15 years of age
1-46     be accompanied at the visit or screening by:
1-47                       (A)  the child's parent or guardian; or
1-48                       (B)  another adult, including an adult related to
1-49     the child, authorized by the child's parent or guardian to
1-50     accompany the child.
1-51           SECTION 2.  If before implementing any provision of this Act
1-52     a state agency determines that a waiver or authorization from a
1-53     federal agency is necessary for implementation, the state agency
1-54     shall request the waiver or authorization and may delay
1-55     implementing that provision until the waiver or authorization is
1-56     granted.
1-57           SECTION 3.  This Act takes effect September 1, 1999.
1-58           SECTION 4.  The importance of this legislation and the
1-59     crowded condition of the calendars in both houses create an
1-60     emergency and an imperative public necessity that the
1-61     constitutional rule requiring bills to be read on three several
1-62     days in each house be suspended, and this rule is hereby suspended.
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