By: Zerwas H.R. No. 2730

R E S O L U T I O N

BE IT RESOLVED by the House of Representatives of the State of Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on Senate Bill 23 (administration of and efficiency, cost-saving, fraud prevention, and funding measures for certain health and human services and health benefits programs, including the medical assistance and child health plan programs) to consider and take action on the following matters:

(1) House Rule 13, Section 9(a)(1), is suspended to permit the committee to change text that is not in disagreement in proposed SECTION 7(b) of the bill, in added Section 161.082(b), Human Resources Code, to read as follows:

(b) The department shall perform a utilization review of services in all Section 1915(c) waiver programs. The utilization review must include, at a minimum, reviewing program recipients' levels of care and any plans of care for those recipients that exceed service level thresholds established in the applicable waiver program guidelines.

Explanation: The change in the text is necessary to clarify that the requirements of a utilization review listed in added Section 161.082(b), Human Resources Code, do not represent an exclusive list of requirements.

(2) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or the senate version of the bill by adding the following subsection to proposed SECTION 3 of the bill:

(l) Subsection (d), Section 533.012, Government Code, is repealed.

Explanation: The addition of this text is necessary repeal a provision exempting Medicaid managed care organizations from providing fraud control information regarding subcontractors in excess of the fraud control information required under certain contracts.

(3) House Rule 13, Section 9(a)(4), is suspended to permit the committee to add text on a matter not included in either the house or the senate version of the bill by adding the following proposed SECTION to the bill:

SECTION 21. GRANTS FOR FAMILY PLANNING SERVICE PROVIDERS. (a) Subchapter A, Chapter 531, Government Code, is amended by adding Section 531.0025 to read as follows:

Sec. 531.0025. RESTRICTIONS ON AWARDS TO FAMILY PLANNING SERVICE PROVIDERS. (a) Notwithstanding any other law, money appropriated to the Department of State Health Services for the purpose of providing family planning services must be awarded:

(1) to eligible entities in the following order of descending priority:

(A) public entities that provide family planning services, including state, county, and local community health clinics;

(B) nonpublic entities that provide comprehensive primary and preventive care services in addition to family planning services; and

(C) nonpublic entities that provide family planning services but do not provide comprehensive primary and preventive care services; or

(2) as otherwise directed by the legislature in the General Appropriations Act.

(b) Notwithstanding Subsection (a), the Department of State Health Services may award money to eligible entities in medically underserved areas of the state out of the order of priority required by that subsection.

(b) Section 32.024, Human Resources Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) The department shall ensure that money spent for purposes of the demonstration project for women's health care services under former Section 32.0248, Human Resources Code, or a similar successor program is not used to perform or promote elective abortions, or to contract with entities that perform or promote elective abortions or affiliate with entities that perform or promote elective abortions.

Explanation: The addition of this text is necessary to give direction regarding and impose restrictions on the use of money appropriated for family planning services and other women's health care services.