81R11453 SJM-D
 
  By: Gonzales H.B. No. 3408
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a county's liability for the costs of basic health care
  services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.028, Health and Safety Code, is
  amended to read as follows:
         Sec. 61.028.  BASIC HEALTH CARE SERVICES.  (a)  A county
  shall, in accordance with department rules adopted under Section
  61.006, provide the following basic health care services:
               (1)  primary and preventative services designed to meet
  the needs of the community, including:
                     (A)  immunizations;
                     (B)  medical screening services; and
                     (C)  annual physical examinations;
               (2)  inpatient and outpatient hospital services;
               (3)  rural health clinics;
               (4)  laboratory and X-ray services;
               (5)  family planning services;
               (6)  physician services;
               (7)  payment for not more than three prescription drugs
  a month; [and]
               (8)  skilled nursing facility services, regardless of
  the patient's age;
               (9)  ambulatory surgical center services;
               (10)  diabetic and colostomy medical supplies and
  equipment;
               (11)  durable medical equipment;
               (12)  home and community health care services;
               (13)  social work services;
               (14)  psychological counseling services;
               (15)  services provided by physician assistants, nurse
  practitioners, certified nurse midwives, clinical nurse
  specialists, and certified registered nurse anesthetists;
               (16)  dental care;
               (17)  vision care, including eyeglasses;
               (18)  services provided by federally qualified health
  centers, as defined by 42 U.S.C. Section 1396d(l)(2)(B);
               (19)  emergency medical services; and
               (20)  any other appropriate health care service
  identified by board rule that may be determined to be
  cost-effective.
         (b)  The county may provide additional health care services,
  but may not credit the assistance toward eligibility for state
  assistance, except as provided by Subsection (c) [Section 61.0285].
         (c)  A county must notify the department of the county's
  intent to provide services other than the services listed under
  Subsection (a). If the services are approved by the department
  under Section 61.006, or if the department fails to notify the
  county of the department's disapproval before the 31st day after
  the date the county notifies the department of its intent to provide
  the services, the county may credit the services toward eligibility
  for state assistance under this subchapter.
         SECTION 2.  Section 61.0285, Health and Safety Code, is
  repealed.
         SECTION 3.  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, 2009.