By Coleman H.B. No. 896
77R2420 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a demonstration project to provide certain services and
1-3 medications through the medical assistance program to persons with
1-4 HIV infection or AIDS.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is
1-7 amended by adding Section 32.053 to read as follows:
1-8 Sec. 32.053. DEMONSTRATION PROJECT FOR PERSONS WITH HIV
1-9 INFECTION OR AIDS. (a) In this section, "AIDS" and "HIV" have the
1-10 meanings assigned by Section 81.101, Health and Safety Code.
1-11 (b) The department shall establish a demonstration project
1-12 to provide a person with HIV infection or AIDS with the following
1-13 services and medications through the medical assistance program:
1-14 (1) services provided by a physician, physician
1-15 assistant, advanced practice nurse, or other health care provider
1-16 specified by the department;
1-17 (2) anti-retroviral drug treatments;
1-18 (3) other medications determined to be necessary for
1-19 treatment of a condition related to HIV infection or AIDS;
1-20 (4) vaccinations for hepatitis B and pneumonia;
1-21 (5) pap smears, colposcopy and other diagnostic
1-22 procedures necessary to monitor gynecologic complications resulting
1-23 from HIV infection or AIDS in women;
1-24 (6) laboratory and other diagnostic services,
2-1 including periodic testing for CD4+ T-cell counts, viral load
2-2 determination, and phenotype or genotype testing if clinically
2-3 indicated; and
2-4 (7) other laboratory and radiological testing
2-5 necessary to monitor potential toxicity of therapy.
2-6 (c) The department shall establish the demonstration project
2-7 in at least two counties with a high prevalence of HIV infection
2-8 and AIDS.
2-9 (d) A person is eligible to participate in the demonstration
2-10 project if the person:
2-11 (1) has been diagnosed with HIV infection or AIDS by a
2-12 physician;
2-13 (2) is under 65 years of age;
2-14 (3) has a net family income that is at or below 200
2-15 percent of the federal poverty level;
2-16 (4) is a resident of a county included in the project
2-17 or, subject to guidelines established by the department, is
2-18 receiving medical care for HIV infection or AIDS through a facility
2-19 located in a county included in the project;
2-20 (5) is not covered by a health benefits plan offering
2-21 adequate coverage, as determined by the department; and
2-22 (6) is not otherwise eligible for medical assistance.
2-23 (e) A participant in the demonstration project is not
2-24 subject to the monthly three-prescription limit under the medical
2-25 assistance program.
2-26 (f) Not later than December 1 of each even-numbered year,
2-27 the department shall submit a biennial report to the legislature
3-1 regarding the department's progress in establishing and operating
3-2 the demonstration project.
3-3 (g) Not later than December 1, 2006, the department shall
3-4 evaluate the cost-effectiveness of the demonstration project,
3-5 including whether the services and medications provided offset
3-6 future higher costs for project participants. If the results of
3-7 the evaluation indicate that the project is cost-effective, the
3-8 department shall incorporate a request for funding for the
3-9 expansion of the project into additional counties or throughout the
3-10 state, as appropriate, in the department's budget request for the
3-11 next state fiscal biennium.
3-12 (h) This section expires September 1, 2007.
3-13 SECTION 2. If before implementing any provision of this Act a
3-14 state agency determines that a waiver or authorization from a
3-15 federal agency is necessary for implementation of that provision,
3-16 the agency affected by the provision shall request the waiver or
3-17 authorization and may delay implementing that provision until the
3-18 waiver or authorization is granted.
3-19 SECTION 3. This Act takes effect September 1, 2001.