1-1     By:  Ogden                                             S.B. No. 465
 1-2           (In the Senate - Filed February 10, 1999; February 15, 1999,
 1-3     read first time and referred to Committee on Human Services;
 1-4     April 26, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 3, Nays 2; April 26, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 465                   By:  Carona
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to requiring parental consent before medical services are
1-11     provided to a child under the state Medicaid program.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
1-14     is amended by adding Section 32.0242 to read as follows:
1-15           Sec. 32.0242.  CERTAIN PAYMENTS PROHIBITED.  (a)  Except as
1-16     otherwise provided by this section, the department may not use
1-17     state funds to provide medical or dental care to a child eligible
1-18     for medical assistance without the consent of:
1-19                 (1)  the child's parent or guardian, in accordance with
1-20     Section 151.003 (a)(6), Family Code; or
1-21                 (2)  a person authorized to give consent under Section
1-22     32.001, Family Code.
1-23           (b)  The department shall implement rules implementing this
1-24     section.
1-25           (c)  Notwithstanding Subsections (a) and (b), state funds may
1-26     be used to provide medical care or dental care to a child if the
1-27     appropriate health care provider has obtained the written consent
1-28     of the child's parent or guardian in the 12-month period preceding
1-29     the date on which the medical or dental care is provided and that
1-30     consent has not been revoked.
1-31           (d)  This section does not apply to a child who:
1-32                 (1)  has had the disabilities of minority removed for
1-33     general purposes under Chapter 31, Family Code;
1-34                 (2)  is authorized to consent to medical treatment
1-35     under Section 32.003, Family Code; or
1-36                 (3)  is authorized to consent to medical treatment or
1-37     for whom consent is provided under Title 7, Health and Safety Code.
1-38           SECTION 2.  If the Health and Human Services Commission and
1-39     each state agency operating part of the medical assistance program
1-40     under Chapter 32, Human Resources Code, obtains a written
1-41     determination from the appropriate federal agency that
1-42     implementation of a provision of this Act will result in a loss of
1-43     federal funds, the commission or other state agency may modify or
1-44     suspend implementation of that provision only as necessary to
1-45     prevent the loss of federal funds.  If the commission or other
1-46     state agency modifies or suspends implementation of a provision
1-47     authorized by this section, the commission or state agency shall
1-48     report the modification or suspension immediately to the governor
1-49     and the Legislative Budget Board.
1-50           SECTION 3.  This Act takes effect September 1, 1999.
1-51           SECTION 4.  The importance of this legislation and the
1-52     crowded condition of the calendars in both houses create an
1-53     emergency and an imperative public necessity that the
1-54     constitutional rule requiring bills to be read on three several
1-55     days in each house be suspended, and this rule is hereby suspended.
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