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A BILL TO BE ENTITLED
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AN ACT
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relating to the women's health program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that: |
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(1) taxpayer money should not be used to directly or |
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indirectly support elective abortions or to pay for costs, |
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including overhead costs, rent, utilities, and operational costs, |
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of an entity that performs elective abortions; |
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(2) because money is fungible, taxpayer money is used |
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to support elective abortions when the state awards grant money to |
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an entity or the affiliate of an entity that performs or promotes |
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elective abortions, even if the money is designated exclusively for |
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purposes that are not related to elective abortions; |
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(3) an effort to separate an entity that performs |
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elective abortions from an affiliate of the entity is insufficient |
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to prevent taxpayer money from being used to support elective |
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abortions because, if taxpayer money is provided to the affiliate, |
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additional resources that would have been used by the affiliate are |
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available for use by the entity that performs elective abortions; |
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(4) prohibiting the distribution of taxpayer money to |
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entities that perform elective abortions and the affiliates of |
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those entities is the only way to ensure that taxpayer money is not |
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used to fund elective abortions; and |
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(5) no provision of 42 U.S.C. Section 300 et seq., |
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Title XIX, Social Security Act (42 U.S.C. Section 1396 et seq.), or |
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Title XX, Social Security Act (42 U.S.C. Section 1397 et seq.), is |
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capable of preempting a state law that prohibits the use of taxpayer |
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money to support the performance or promotion of elective abortions |
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or that imposes a mandate or obligation on the state regarding the |
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use of state money to support the performance or promotion of |
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elective abortions because those laws only specify the conditions |
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under which the United States secretary of health and human |
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services may award grant money to or reimburse the expenses of a |
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state and they do not impose a mandate or obligation on this state. |
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SECTION 2. Section 32.0248, Human Resources Code, is |
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amended to read as follows: |
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Sec. 32.0248. [DEMONSTRATION PROJECT FOR] WOMEN'S HEALTH |
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PROGRAM [CARE SERVICES]. (a) In this section, "program" means the |
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women's health program provided under this section. |
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(a-1) Subject to Subsection (i), the [The] department shall |
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provide [establish] a women's health program [five-year
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demonstration project] through the medical assistance program to |
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expand access to preventive health and family planning services for |
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women. A woman eligible under Subsection (b) to participate in the |
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program [demonstration project] may receive appropriate preventive |
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health and family planning services, including: |
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(1) medical history recording and evaluation; |
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(2) physical examinations; |
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(3) health screenings, including screening for: |
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(A) diabetes; |
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(B) cervical cancer; |
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(C) breast cancer; |
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(D) sexually transmitted diseases; |
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(E) hypertension; |
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(F) cholesterol; and |
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(G) tuberculosis; |
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(4) counseling and education on contraceptive methods |
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emphasizing the health benefits of abstinence from sexual activity |
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to recipients who are not married, except for counseling and |
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education regarding emergency contraception; |
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(5) provision of contraceptives, except for the |
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provision of emergency contraception; |
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(6) risk assessment; and |
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(7) referral of medical problems to appropriate |
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providers that are entities or organizations that do not perform or |
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promote elective abortions or contract or affiliate with entities |
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that perform or promote elective abortions. |
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(b) A woman is eligible to participate in the program |
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[demonstration project] if the woman is at least 18 years of age |
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and: |
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(1) has a net family income that is at or below 185 |
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percent of the federal poverty level; |
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(2) participates in or receives benefits under any of |
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the following: |
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(A) the medical assistance program; |
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(B) the financial assistance program under |
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Chapter 31; |
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(C) the nutritional assistance program under |
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Chapter 33; |
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(D) the Supplemental Food Program for Women, |
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Infants and Children; or |
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(E) another program administered by the state |
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that: |
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(i) requires documentation of income; and |
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(ii) restricts eligibility to persons with |
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income equal to or less than the income eligibility guidelines |
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applicable to the medical assistance program; |
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(3) is presumed eligible for one of the programs |
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listed in Subdivision (2) pending completion of that program's |
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eligibility process; or |
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(4) is a member of a family that contains at least one |
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person who participates in or receives benefits under one of the |
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programs listed in Subdivision (2). |
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(c) The department shall ensure that the standards of care |
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provided to a woman participating in the program [demonstration
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project] are consistent with the requirements of law and current |
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best practices for provision of public health services. |
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(d) The department shall develop procedures for determining |
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and certifying eligibility for services under the program |
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[demonstration project] at the point of service delivery using |
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integrated procedures that minimize duplication of effort by |
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providers, the department, and other state agencies. The |
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department may not use a procedure that would require a cost in |
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excess of 10 percent of the total costs of actual preventive health |
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and family planning services provided under the program |
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[demonstration project]. The eligibility procedure may provide for |
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expedited determination and certification using a simplified form |
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requiring only family income and family size. |
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(e) The department shall compile a list of potential funding |
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sources a woman participating in the program [demonstration
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project] may be able to use to help pay for treatment for health |
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problems: |
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(1) identified using services provided under the |
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program [demonstration project]; and |
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(2) for which the woman is not eligible to receive |
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treatment under the program or otherwise under the medical |
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assistance program [or the demonstration project]. |
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(f) Providers of services under the program [demonstration
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project] shall comply with requests made by the department for |
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information necessary for the department to: |
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(1) make efficient use of money spent for the |
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operation and administration of the program [demonstration
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project]; |
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(2) report and provide information required by federal |
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law; and |
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(3) compile the report required by Subsection (g). |
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(g) Not later than December 1 of each even-numbered year, |
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the department shall submit a report to the legislature regarding |
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the department's operation of [progress in establishing and
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operating] the program [demonstration project]. |
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(h) The department shall ensure the money spent under the |
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program [demonstration project], regardless of the funding source, |
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is not used to perform or promote elective abortions. The |
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department, for the purpose of the program [demonstration project], |
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may not contract with entities that perform or promote elective |
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abortions or are affiliates of entities that perform or promote |
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elective abortions. |
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(i) The department shall cease the operation of the program |
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if a court holds that Subsection (h) or its application to any |
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person or entity is invalid or enjoins its enforcement. If the |
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department ceases the operation of the program under this |
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subsection but a court with binding authority subsequently |
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overrules the holding or injunction described by this subsection, |
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the department shall reinstate the operation of the program until a |
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court subsequently overrules the decision of the court that |
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resulted in the reinstatement of the program. |
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(j) If any provision of this section or its application to |
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any person or circumstance is held invalid, the entire section is |
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invalid. The provisions of this section are nonseverable to |
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achieve this purpose. |
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(k) An officer or employee of the department or an executive |
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or administrative official of the state may not refuse to comply |
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with Subsection (h) on the basis of the officer's, employee's, or |
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official's opinion that the provision is unconstitutional, |
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preempted by federal law, or invalid for any other reason unless a |
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court, in a final judgment that is not reversed on appeal, is no |
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longer subject to appeal, and is applicable to and binding on this |
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state, finds that Subsection (h) is unconstitutional, preempted by |
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federal law, or invalid for any other reason. |
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(l) This section expires September 1, 2016 [2011]. |
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SECTION 3. If before implementing Section 32.0248, Human |
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Resources Code, as amended by this Act, a state agency determines |
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that an amendment to the existing waiver or other authorization is |
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necessary to extend the operation of the women's health program |
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under that section as amended, the agency affected by the provision |
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shall request the amendment to the waiver or authorization and may |
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delay implementing that section until the amendment or other |
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authorization is granted. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect August 31, 2011. |
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* * * * * |