By: Carona, et al. S.B. No. 812
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to establishing a demonstration project to expand access
1-3 to women's health care services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
1-6 is amended by adding Section 32.0247 to read as follows:
1-7 Sec. 32.0247. DEMONSTRATION PROJECT FOR WOMEN'S HEALTH CARE
1-8 SERVICES. (a) The department shall establish a five-year
1-9 demonstration project through the medical assistance program to
1-10 expand access to preventive health and family planning services for
1-11 women. A woman eligible under Subsection (b) to participate in the
1-12 demonstration project may receive preventive health and family
1-13 planning services including:
1-14 (1) medical history;
1-15 (2) physical examinations;
1-16 (3) counseling and education on contraceptive methods;
1-17 (4) provision of contraceptives;
1-18 (5) health screenings, including screening for:
1-19 (A) diabetes;
1-20 (B) cervical cancer;
1-21 (C) breast cancer;
1-22 (D) sexually transmitted diseases;
1-23 (E) hypertension;
1-24 (F) cholesterol; and
1-25 (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 compile a list of potential funding
2-18 sources a client can use to help pay for treatment for health
2-19 problems:
2-20 (1) identified using services provided to the client
2-21 under the demonstration project; and
2-22 (2) for which the client is not eligible to receive
2-23 treatment under the medical assistance program.
2-24 (e) Not later than December 1 of each even-numbered year,
2-25 the department shall submit a report to the legislature regarding
2-26 the department's progress in establishing and operating the
3-1 demonstration project.
3-2 (f) Notwithstanding Subsection (b), an unmarried woman who
3-3 is younger than 18 years of age may not participate in the
3-4 demonstration project unless:
3-5 (1) the woman meets the requirements of subsection
3-6 (b); and
3-7 (2) the woman has the permission of her parent or
3-8 guardian.
3-9 (g) The department shall ensure that money under the
3-10 demonstration project established by this section may not be used
3-11 for an abortion as that term is defined by Section 245.002, Health
3-12 and Safety Code.
3-13 (h) This section expires September 1, 2006.
3-14 SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
3-15 is amended by adding Section 32.0248 to read as follows:
3-16 Sec. 32.0248. WAIVER EVALUATION. Before December 1 of each
3-17 year, the department shall prepare a report, including an
3-18 assessment of effectiveness, on the services provided and
3-19 conditions diagnosed during the preceding fiscal year under Section
3-20 32.0247. The commissioner shall select a panel of physicians who
3-21 have experience in but are not providers of family planning
3-22 services under this chapter to assess the effectiveness of the
3-23 services under the demonstration project and provide
3-24 recommendations for improvement.
3-25 SECTION 3. The state agency responsible for implementing the
3-26 demonstration project required by Section 32.0247, Human Resources
4-1 Code, as added by this Act, shall request and actively pursue any
4-2 necessary waivers or authorizations from the Health Care Financing
4-3 Administration or other appropriate entities to enable the agency
4-4 to implement the demonstration project not later than September 1,
4-5 2002. The agency may delay implementing the demonstration project
4-6 until the necessary waivers or authorizations are granted.
4-7 SECTION 4. Notwithstanding any other provision of this Act,
4-8 if a waiver or authorization required for implementation of the
4-9 demonstration project established by Section 32.0247, Human
4-10 Resources Code, as added by this Act, is denied by the Health Care
4-11 Financing Administration or other appropriate entities solely
4-12 because of the requirement in Subsection (f), Section 32.0247,
4-13 Human Resources Code, as added by this Act, then the state agency
4-14 responsible for implementing the demonstration project is not
4-15 required to implement that provision.
4-16 SECTION 5. Notwithstanding any other provision of this Act,
4-17 if a waiver or authorization required for implementation of the
4-18 demonstration project established by Section 32.0247, Human
4-19 Resources Code, as added by this Act, is denied by the Health Care
4-20 Financing Administration or other appropriate entities solely
4-21 because of the requirement in Section 32.0248, Human Resources
4-22 Code, as added by this Act, then the state agency responsible for
4-23 implementing the demonstration project is not required to implement
4-24 that provision.
4-25 SECTION 6. This Act takes effect immediately if it receives
4-26 a vote of two-thirds of all the members elected to each house, as
5-1 provided by Section 39, Article III, Texas Constitution. If this
5-2 Act does not receive the vote necessary for immediate effect, this
5-3 Act takes effect September 1, 2001.