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12-month period preceding 1-29 the date on which the medical or dental care is provided and that 1-30 consent has not been revoked. 1-31 (d) This section does not apply to a child who: 1-32 (1) has had the disabilities of minority removed for 1-33 general purposes under Chapter 31, Family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. 1-56 * * * * *