| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the Women's Health Program. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 32.0248, Human Resources Code, is |
|
|
amended by adding Subsections (a-1), (b-1), (b-2), and (f-1) to |
|
|
read as follows: |
|
|
(a-1) The department shall provide adequate resources to |
|
|
increase marketing and outreach in order to maximize enrollment of |
|
|
and continuous utilization by potentially eligible women in the |
|
|
demonstration project. Programs and services designed to reduce the |
|
|
number of unintended pregnancies and lower the rates of sexually |
|
|
transmitted diseases shall be maintained at a level at least equal |
|
|
to the level at which these services were provided on September 1, |
|
|
2009. |
|
|
(b-1) The department shall identify women potentially |
|
|
eligible for participation in the demonstration project following |
|
|
pregnancies for which the women received benefits through the |
|
|
medical assistance program and assist those women in establishing |
|
|
eligibility for the demonstration project after eligibility for the |
|
|
medical assistance program terminates. Participation in the |
|
|
demonstration project shall begin as soon as possible after |
|
|
eligibility for the medical assistance program terminates. |
|
|
(b-2) The department shall modify any applicable |
|
|
administrative procedures to ensure that a woman described by |
|
|
Subsection (b-1) maintains continuous eligibility for any services |
|
|
provided by both the medical assistance program and the |
|
|
demonstration project during the transition from participation in |
|
|
the medical assistance program to participation in the |
|
|
demonstration project. |
|
|
(f-1) There is a rebuttable presumption that a physician who |
|
|
contracts with the demonstration project to provide care or |
|
|
services to participants in the demonstration project is not liable |
|
|
if a participant does not seek medical care after the physician, in |
|
|
the physician's reasonable medical opinion, advises the |
|
|
participant to do so. This rebuttable presumption exists only in |
|
|
relation to the condition or circumstances for which the |
|
|
participant was advised to seek care. |
|
|
SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
|
|
is amended by adding Section 32.02481 to read as follows: |
|
|
Sec. 32.02481. WOMEN'S HEALTH PROGRAM OUTREACH PILOT |
|
|
PROGRAM. (a) In this section, "women's health program" means the |
|
|
demonstration project established under Section 32.0248. |
|
|
(b) The department, in conjunction with a health plan and |
|
|
hospital in Bexar County, shall develop an outreach pilot program |
|
|
to assist women described by Section 32.0248(b-1) in establishing |
|
|
eligibility for the women's health program. As part of the outreach |
|
|
pilot program, the department shall: |
|
|
(1) perform an initial screening to determine |
|
|
eligibility for the women's health program; and |
|
|
(2) ensure that a woman described by Section |
|
|
32.0248(b-1) receives information regarding benefits available |
|
|
through the women's health program, notification of potential |
|
|
eligibility, an application form for the women's health program, |
|
|
information on where and how to receive application assistance, and |
|
|
a list, updated on a quarterly basis, of women's health program |
|
|
providers in the county. |
|
|
(c) A hospital or health plan participating in the outreach |
|
|
pilot program that contracts with an entity that provides |
|
|
information and services to participants in the medical assistance |
|
|
program may modify the information and services provided by that |
|
|
entity to ensure that potentially eligible women are provided the |
|
|
information and services required under this section. |
|
|
(d) The outreach pilot program must include monitoring, |
|
|
evaluation, and reporting. The department shall use information |
|
|
provided by the hospital or health plan participating in the |
|
|
outreach pilot program to report to the legislature regarding the |
|
|
following: |
|
|
(1) the costs and benefits of establishing a statewide |
|
|
outreach program; and |
|
|
(2) problems encountered during the implementation of |
|
|
the outreach pilot program and recommendations for solutions. |
|
|
(e) This section expires September 1, 2011. |
|
|
SECTION 3. 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 4. This Act takes effect September 1, 2009. |