By: Eckhardt S.B. No. 1722
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to expanding access to women's health care services and
  family planning services by removing restrictions on the
  participation of certain health care providers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  SHORT TITLE.  This Act shall be known as the Free
  Choice of Provider Act.
         SECTION 2.  Subchapter A, Chapter 531, Government Code, is
  amended to read as follows:
         Sec. 531.0025.  [RESTRICTIONS ON] AWARDS TO FAMILY PLANNING
  SERVICE PROVIDERS.  (a)  Notwithstanding any other law, money
  appropriated to the commission [Department of State Health
  Services] for the purpose of providing family planning services
  shall [must] be awarded:
               (1)  to eligible public and nonpublic entities that
  provide family planning services according to [in] the following
  order of descending priority:
                     (A)  the demonstrated, evidence-based, historical
  ability of each entity to achieve the patient and service
  utilization goals of the family planning services, or [public
  entities that provide family planning services, including state,
  county, and local community health clinics and federally qualified
  health centers];
                     (B)  the likelihood of the entity to meet patient
  and service utilization goals based on standards set by the agency.
  [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)  The legislature shall not direct the commission to award
  money appropriated for the purpose of providing family planning
  services otherwise in the General Appropriations Act.
         (c b)  Notwithstanding Subsections (a) and (b), the
  commission [Department of State Health Services] shall, in
  compliance with federal law, ensure distribution of funds for
  family planning services in a manner that provides equitable access
  to services in [does not severely limit or eliminate access to those
  services in any] all regions of the state.
         SECTION 3.  The following laws are repealed:
               (1)  Chapter 2272, Government Code, as added by Chapter
  501 (S.B. 22), Acts of the 86th Legislature, Regular Session, 2019;
               (2)  Section 32.024(c-1), Human Resources Code.
         SECTION 3.  To the extent of any conflict, this Act prevails
  over another Act of the 87th Legislature, Regular Session, 2021,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 4.  This Act takes effect September 1, 2021.