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.