By Ogden S.B. No. 465 76R5031 KKA-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to requiring parental consent before medical services are 1-3 provided to a child under the state Medicaid program. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 32.002, Human Resources Code, is amended 1-6 by adding Subsection (c) to read as follows: 1-7 (c) This chapter may not be construed to require the use of 1-8 state money to provide medical care to a child without the consent 1-9 of the child's parent, guardian, or other person standing in 1-10 parental relation to the child when that consent is required by 1-11 this chapter or other law. 1-12 SECTION 2. Section 32.024, Human Resources Code, is amended 1-13 by amending Subsections (a) and (b) and adding Subsection (v) to 1-14 read as follows: 1-15 (a) The department shall provide medical assistance to all 1-16 persons who receive financial assistance from the state under 1-17 Chapter 31 of this code and to other related groups of persons if 1-18 the provision of medical assistance to those persons is permitted 1-19 under state law and required by federal law and rules as a 1-20 condition for obtaining federal matching funds for the support of 1-21 the medical assistance program. 1-22 (b) The department may provide medical assistance to other 1-23 persons who are financially unable to meet the cost of medical 1-24 services if the provision of medical assistance to those persons is 2-1 permitted under state law and federal matching funds are available 2-2 for that purpose. The department shall adopt rules governing the 2-3 eligibility of those persons for the services. 2-4 (v) The department may not use state money to provide 2-5 prescription drugs to a child eligible for medical assistance 2-6 without the consent of the child's parent, guardian, or other 2-7 person standing in parental relation to the child. This section 2-8 does not apply to a child who: 2-9 (1) has had the disabilities of minority removed for 2-10 general purposes under Chapter 31, Family Code; or 2-11 (2) is authorized to consent to medical treatment 2-12 under Section 32.003, Family Code. 2-13 SECTION 3. If the Health and Human Services Commission or a 2-14 state agency operating part of the medical assistance program under 2-15 Chapter 32, Human Resources Code, determines that implementation of 2-16 a provision of this Act will result in a loss of federal funds, the 2-17 commission or state agency may modify or suspend implementation of 2-18 that provision as necessary to prevent the loss of federal funds. 2-19 If the commission or a state agency modifies or suspends 2-20 implementation of a provision as authorized by this section, the 2-21 commission or state agency shall report the modification or 2-22 suspension immediately to the governor and the Legislative Budget 2-23 Board. 2-24 SECTION 4. This Act takes effect September 1, 1999. 2-25 SECTION 5. The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 2-27 emergency and an imperative public necessity that the 3-1 constitutional rule requiring bills to be read on three several 3-2 days in each house be suspended, and this rule is hereby suspended.