81R4794 ALB-D
By: Villarreal H.B. No. 892
A BILL TO BE ENTITLED
AN ACT
relating to the Women's Health Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.0248, Human Resources Code, is
amended by adding Subsections (a-1), (b-1), (b-2), and (f-1) to
read as follows:
(a-1) The department shall provide adequate resources to
increase marketing and outreach in order to maximize enrollment of
and continuous utilization by potentially eligible women in the
demonstration project. Programs and services designed to reduce the
number of unintended pregnancies and lower the rates of sexually
transmitted diseases shall be maintained at a level at least equal
to the level at which these services were provided on September 1,
2009.
(b-1) The department shall identify women potentially
eligible for participation in the demonstration project following
pregnancies for which the women received benefits through the
medical assistance program and assist those women in establishing
eligibility for the demonstration project after eligibility for the
medical assistance program terminates. Participation in the
demonstration project shall begin as soon as possible after
eligibility for the medical assistance program terminates.
(b-2) The department shall modify any applicable
administrative procedures to ensure that a woman described by
Subsection (b-1) maintains continuous eligibility for any services
provided by both the medical assistance program and the
demonstration project during the transition from participation in
the medical assistance program to participation in the
demonstration project.
(f-1) There is a rebuttable presumption that a physician who
contracts with the demonstration project to provide care or
services to participants in the demonstration project is not liable
if a participant does not seek medical care after the physician, in
the physician's reasonable medical opinion, advises the
participant to do so. This rebuttable presumption exists only in
relation to the condition or circumstances for which the
participant was advised to seek care.
SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.02481 to read as follows:
Sec. 32.02481. WOMEN'S HEALTH PROGRAM OUTREACH PILOT
PROGRAM. (a) In this section, "women's health program" means the
demonstration project established under Section 32.0248.
(b) The department, in conjunction with a health plan and
hospital in Bexar County, shall develop an outreach pilot program
to assist women described by Section 32.0248(b-1) in establishing
eligibility for the women's health program. As part of the outreach
pilot program, the department shall:
(1) perform an initial screening to determine
eligibility for the women's health program; and
(2) ensure that a woman described by Section
32.0248(b-1) receives information regarding benefits available
through the women's health program, notification of potential
eligibility, an application form for the women's health program,
information on where and how to receive application assistance, and
a list, updated on a quarterly basis, of women's health program
providers in the county.
(c) A hospital or health plan participating in the outreach
pilot program that contracts with an entity that provides
information and services to participants in the medical assistance
program may modify the information and services provided by that
entity to ensure that potentially eligible women are provided the
information and services required under this section.
(d) The outreach pilot program must include monitoring,
evaluation, and reporting. The department shall use information
provided by the hospital or health plan participating in the
outreach pilot program to report to the legislature regarding the
following:
(1) the costs and benefits of establishing a statewide
outreach program; and
(2) problems encountered during the implementation of
the outreach pilot program and recommendations for solutions.
(e) This section expires September 1, 2011.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 4. This Act takes effect September 1, 2009.