By: Nelson, et al. S.B. No. 1696
 
 
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for medical assistance for treatment of
breast or cervical cancer.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 32.024, Human Resources Code, is amended
by adding Subsection (y-1) to read as follows:
       (y-1)  A woman who receives a breast or cervical cancer
screening service under Title XV of the Public Health Service Act
(42 U.S.C. Section 300k et seq.) and who otherwise meets the
eligibility requirements for medical assistance for treatment of
breast or cervical cancer as provided by Subsection (y) is eligible
for medical assistance under that subsection, regardless of whether
federal Medicaid matching funds are available for that medical
assistance. A screening service of a type that is within the scope
of screening services under that title is considered to be provided
under that title regardless of whether the service was provided by a
provider who receives or uses funds under that title.
       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.  This Act takes effect September 1, 2007.