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.