1 | 1 | | 81R4794 ALB-D |
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2 | 2 | | By: Van de Putte S.B. No. 594 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the Women's Health Program. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 32.0248, Human Resources Code, is |
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10 | 10 | | amended by adding Subsections (a-1), (b-1), (b-2), and (f-1) to |
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11 | 11 | | read as follows: |
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12 | 12 | | (a-1) The department shall provide adequate resources to |
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13 | 13 | | increase marketing and outreach in order to maximize enrollment of |
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14 | 14 | | and continuous utilization by potentially eligible women in the |
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15 | 15 | | demonstration project. Programs and services designed to reduce the |
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16 | 16 | | number of unintended pregnancies and lower the rates of sexually |
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17 | 17 | | transmitted diseases shall be maintained at a level at least equal |
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18 | 18 | | to the level at which these services were provided on September 1, |
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19 | 19 | | 2009. |
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20 | 20 | | (b-1) The department shall identify women potentially |
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21 | 21 | | eligible for participation in the demonstration project following |
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22 | 22 | | pregnancies for which the women received benefits through the |
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23 | 23 | | medical assistance program and assist those women in establishing |
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24 | 24 | | eligibility for the demonstration project after eligibility for the |
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25 | 25 | | medical assistance program terminates. Participation in the |
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26 | 26 | | demonstration project shall begin as soon as possible after |
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27 | 27 | | eligibility for the medical assistance program terminates. |
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28 | 28 | | (b-2) The department shall modify any applicable |
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29 | 29 | | administrative procedures to ensure that a woman described by |
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30 | 30 | | Subsection (b-1) maintains continuous eligibility for any services |
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31 | 31 | | provided by both the medical assistance program and the |
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32 | 32 | | demonstration project during the transition from participation in |
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33 | 33 | | the medical assistance program to participation in the |
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34 | 34 | | demonstration project. |
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35 | 35 | | (f-1) There is a rebuttable presumption that a physician who |
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36 | 36 | | contracts with the demonstration project to provide care or |
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37 | 37 | | services to participants in the demonstration project is not liable |
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38 | 38 | | if a participant does not seek medical care after the physician, in |
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39 | 39 | | the physician's reasonable medical opinion, advises the |
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40 | 40 | | participant to do so. This rebuttable presumption exists only in |
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41 | 41 | | relation to the condition or circumstances for which the |
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42 | 42 | | participant was advised to seek care. |
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43 | 43 | | SECTION 2. Subchapter B, Chapter 32, Human Resources Code, |
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44 | 44 | | is amended by adding Section 32.02481 to read as follows: |
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45 | 45 | | Sec. 32.02481. WOMEN'S HEALTH PROGRAM OUTREACH PILOT |
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46 | 46 | | PROGRAM. (a) In this section, "women's health program" means the |
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47 | 47 | | demonstration project established under Section 32.0248. |
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48 | 48 | | (b) The department, in conjunction with a health plan and |
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49 | 49 | | hospital in Bexar County, shall develop an outreach pilot program |
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50 | 50 | | to assist women described by Section 32.0248(b-1) in establishing |
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51 | 51 | | eligibility for the women's health program. As part of the outreach |
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52 | 52 | | pilot program, the department shall: |
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53 | 53 | | (1) perform an initial screening to determine |
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54 | 54 | | eligibility for the women's health program; and |
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55 | 55 | | (2) ensure that a woman described by Section |
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56 | 56 | | 32.0248(b-1) receives information regarding benefits available |
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57 | 57 | | through the women's health program, notification of potential |
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58 | 58 | | eligibility, an application form for the women's health program, |
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59 | 59 | | information on where and how to receive application assistance, and |
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60 | 60 | | a list, updated on a quarterly basis, of women's health program |
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61 | 61 | | providers in the county. |
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62 | 62 | | (c) A hospital or health plan participating in the outreach |
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63 | 63 | | pilot program that contracts with an entity that provides |
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64 | 64 | | information and services to participants in the medical assistance |
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65 | 65 | | program may modify the information and services provided by that |
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66 | 66 | | entity to ensure that potentially eligible women are provided the |
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67 | 67 | | information and services required under this section. |
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68 | 68 | | (d) The outreach pilot program must include monitoring, |
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69 | 69 | | evaluation, and reporting. The department shall use information |
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70 | 70 | | provided by the hospital or health plan participating in the |
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71 | 71 | | outreach pilot program to report to the legislature regarding the |
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72 | 72 | | following: |
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73 | 73 | | (1) the costs and benefits of establishing a statewide |
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74 | 74 | | outreach program; and |
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75 | 75 | | (2) problems encountered during the implementation of |
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76 | 76 | | the outreach pilot program and recommendations for solutions. |
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77 | 77 | | (e) This section expires September 1, 2011. |
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78 | 78 | | SECTION 3. If before implementing any provision of this Act |
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79 | 79 | | a state agency determines that a waiver or authorization from a |
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80 | 80 | | federal agency is necessary for implementation of that provision, |
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81 | 81 | | the agency affected by the provision shall request the waiver or |
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82 | 82 | | authorization and may delay implementing that provision until the |
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83 | 83 | | waiver or authorization is granted. |
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84 | 84 | | SECTION 4. This Act takes effect September 1, 2009. |
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