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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain medications to children |
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younger than 11 years of age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 32.024, Human Resources Code, is amended |
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by adding Subsection (hh) to read as follows: |
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(hh) Except as provided by this subsection and to the extent |
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allowed by federal law, the department may not provide medical |
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assistance through the vendor drug program for the provision of an |
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antipsychotic or neuroleptic medication to a child who is younger |
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than 11 years of age unless the department authorizes the provision |
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of that medication in advance. In determining whether to authorize |
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the medication, the department shall consider: |
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(1) the child's diagnosis; |
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(2) approval by the United States Food and Drug |
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Administration for use by a person of the child's age; |
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(3) whether the child has successfully taken the |
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medication in the past; and |
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(4) any other factor the department considers |
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relevant. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. Not later than January 1, 2010, the Health and |
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Human Services Commission shall adopt protocols to implement the |
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changes in law made by this Act while ameliorating the effects those |
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changes in law may have on children receiving medication as a |
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covered benefit through the medical assistance program under |
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Chapter 32, Human Resources Code. |
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SECTION 4. This Act takes effect September 1, 2009. |