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.