77R10500 E
By Coleman, Maxey, Glaze, Eiland, H.B. No. 1156
Janek, et al.
Substitute the following for H.B. No. 1156:
By Maxey C.S.H.B. No. 1156
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to access to and funding for women's health care services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is
1-5 amended by adding Sections 32.0247 and 32.0248 to read as follows:
1-6 Sec. 32.0247. DEMONSTRATION PROJECT FOR WOMEN'S HEALTH CARE
1-7 SERVICES. (a) The department shall establish a five-year
1-8 demonstration project through the medical assistance program to
1-9 expand access to preventive health and family planning services for
1-10 women. A woman eligible under Subsection (b) to participate in the
1-11 demonstration project may receive preventive health and family
1-12 planning services including:
1-13 (1) medical history;
1-14 (2) physical examinations;
1-15 (3) counseling and education on contraceptive methods;
1-16 (4) provision of contraceptives;
1-17 (5) health screenings, including screening for:
1-18 (A) diabetes;
1-19 (B) cervical cancer;
1-20 (C) breast cancer;
1-21 (D) sexually transmitted diseases;
1-22 (E) hypertension;
1-23 (F) cholesterol; and
1-24 (G) tuberculosis;
2-1 (6) risk assessment; and
2-2 (7) referral of medical problems to appropriate
2-3 providers.
2-4 (b) A woman is eligible to participate in the demonstration
2-5 project if the woman:
2-6 (1) is of childbearing age, as determined by the
2-7 department;
2-8 (2) has a net family income that is at or below 185
2-9 percent of the federal poverty level; and
2-10 (3) is not otherwise eligible for the medical
2-11 assistance program.
2-12 (c) The department shall develop procedures for determining
2-13 and certifying presumptive eligibility for a woman eligible under
2-14 Subsection (b). The department shall integrate these procedures
2-15 with current procedures to minimize duplication of effort by
2-16 providers, the department, and other state agencies.
2-17 (d) The department shall provide for continuous eligibility
2-18 for a woman eligible under Subsection (b) for the duration of the
2-19 demonstration project.
2-20 (e) The department shall compile a list of potential funding
2-21 sources a client can use to help pay for treatment for health
2-22 problems:
2-23 (1) identified using services provided to the client
2-24 under the demonstration project; and
2-25 (2) for which the client is not eligible to receive
2-26 treatment under the medical assistance program.
2-27 (f) Not later than December 1 of each even-numbered year,
3-1 the department shall submit a report to the legislature regarding
3-2 the department's progress in establishing and operating the
3-3 demonstration project.
3-4 (g) This section expires September 1, 2007.
3-5 Sec. 32.0248. LIMITATION ON CERTAIN EXPENDITURES. (a) No
3-6 funds, either directly or indirectly, may be provided for abortion,
3-7 unless allowed under federal law and regulation, or
3-8 abortion-related services. For the purpose of this section,
3-9 "abortion" has the meaning under Chapter 33.001, Family Code, and
3-10 "abortion-related services" means, regardless of funding source,
3-11 any service provided for referral to, in preparation of, or
3-12 concurrent with, except emergency services, an abortion.
3-13 (b) The department shall perform an audit to ensure
3-14 compliance with this section.
3-15 SECTION 2. The state agency responsible for implementing the
3-16 demonstration project required by Section 32.0247, Human Resources
3-17 Code, as added by this Act, shall request and actively pursue any
3-18 necessary waivers or authorizations from the Health Care Financing
3-19 Administration or other appropriate entities to enable the agency
3-20 to implement the demonstration project not later than September 1,
3-21 2002. The agency may delay implementing the demonstration project
3-22 until the necessary waivers or authorizations are granted.
3-23 SECTION 3. This Act takes effect immediately if it receives
3-24 a vote of two-thirds of all the members elected to each house, as
3-25 provided by Section 39, Article III, Texas Constitution. If this
3-26 Act does not receive the vote necessary for immediate effect, this
3-27 Act takes effect September 1, 2001.