By:  Carona, et al.                                               S.B. No. 747

A BILL TO BE ENTITLED
AN ACT
relating to establishing a demonstration project for women's health care services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0248 to read as follows: Sec. 32.0248. DEMONSTRATION PROJECT FOR WOMEN'S HEALTH CARE SERVICES. (a) The department shall establish a five-year demonstration project through the medical assistance program to expand access to preventive health and family planning services for women. A woman eligible under Subsection (b) to participate in the demonstration project may receive appropriate preventive health and family planning services, including: (1) medical history recording and evaluation; (2) physical examinations; (3) health screenings, including screening for: (A) diabetes; (B) cervical cancer; (C) breast cancer; (D) sexually transmitted diseases; (E) hypertension; (F) cholesterol; and (G) tuberculosis; (4) counseling and education on contraceptive methods, except for counseling and education regarding emergency contraception; (5) provision of contraceptives, except for the provision of emergency contraception; (6) risk assessment; and (7) referral of medical problems to appropriate providers that are entities or organizations that do not perform or promote elective abortions or contract or affiliate with entities that perform or promote elective abortions. (b) A woman is eligible to participate in the demonstration project if the woman is at least 18 years of age and: (1) has a net family income that is at or below 185 percent of the federal poverty level; (2) participates in or receives benefits under any of the following: (A) the medical assistance program; (B) the financial assistance program under Chapter 31; (C) the nutritional assistance program under Chapter 33; (D) the Supplemental Food Program for Women, Infants and Children; or (E) another program administered by the state that: (i) requires documentation of income; and (ii) restricts eligibility to persons with income equal to or less than the income eligibility guidelines applicable to the medical assistance program; (3) is presumed eligible for one of the programs listed in Subdivision (2) pending completion of that program's eligibility process; or (4) is a member of a family that contains at least one person who participates in or receives benefits under one of the programs listed in Subdivision (2). (c) The department shall ensure that the standards of care provided to a woman participating in the demonstration project are consistent with the requirements of law and current best practices for provision of public health services. (d) The department shall develop procedures for determining and certifying eligibility for services under the demonstration project at the point of service delivery using integrated procedures that minimize duplication of effort by providers, the department, and other state agencies. The department may not use a procedure that would require a cost in excess of 10 percent of the total costs of actual preventive health and family planning services provided under the demonstration project. The eligibility procedure may provide for expedited determination and certification using a simplified form requiring only family income and family size. (e) The department shall compile a list of potential funding sources a woman participating in the demonstration project may be able to use to help pay for treatment for health problems: (1) identified using services provided under the demonstration project; and (2) for which the woman is not eligible to receive treatment under the medical assistance program or the demonstration project. (f) Providers of services under the demonstration project shall comply with requests made by the department for information necessary for the department to: (1) make efficient use of money spent for the operation and administration of the demonstration project; (2) report and provide information required by federal law; and (3) compile the report required by Subsection (g). (g) Not later than December 1 of each even-numbered year, the department shall submit a report to the legislature regarding the department's progress in establishing and operating the demonstration project. (h) The department shall ensure the money spent under the demonstration project, regardless of the funding source, is not used to perform or promote elective abortions. The department, for the purpose of the demonstration project, may not contract with entities that perform or promote elective abortions or are affiliates of entities that perform or promote elective abortions. (i) This section expires September 1, 2011. SECTION 2. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 3. Not later than September 1, 2006, the state agency responsible for implementing the demonstration project required by Section 32.0248, Human Resources Code, as added by this Act, shall implement the demonstration project. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2005.