Texas 2009 - 81st Regular

Texas Senate Bill SB594 Compare Versions

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11 81R4794 ALB-D
22 By: Van de Putte S.B. No. 594
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the Women's Health Program.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 32.0248, Human Resources Code, is
1010 amended by adding Subsections (a-1), (b-1), (b-2), and (f-1) to
1111 read as follows:
1212 (a-1) The department shall provide adequate resources to
1313 increase marketing and outreach in order to maximize enrollment of
1414 and continuous utilization by potentially eligible women in the
1515 demonstration project. Programs and services designed to reduce the
1616 number of unintended pregnancies and lower the rates of sexually
1717 transmitted diseases shall be maintained at a level at least equal
1818 to the level at which these services were provided on September 1,
1919 2009.
2020 (b-1) The department shall identify women potentially
2121 eligible for participation in the demonstration project following
2222 pregnancies for which the women received benefits through the
2323 medical assistance program and assist those women in establishing
2424 eligibility for the demonstration project after eligibility for the
2525 medical assistance program terminates. Participation in the
2626 demonstration project shall begin as soon as possible after
2727 eligibility for the medical assistance program terminates.
2828 (b-2) The department shall modify any applicable
2929 administrative procedures to ensure that a woman described by
3030 Subsection (b-1) maintains continuous eligibility for any services
3131 provided by both the medical assistance program and the
3232 demonstration project during the transition from participation in
3333 the medical assistance program to participation in the
3434 demonstration project.
3535 (f-1) There is a rebuttable presumption that a physician who
3636 contracts with the demonstration project to provide care or
3737 services to participants in the demonstration project is not liable
3838 if a participant does not seek medical care after the physician, in
3939 the physician's reasonable medical opinion, advises the
4040 participant to do so. This rebuttable presumption exists only in
4141 relation to the condition or circumstances for which the
4242 participant was advised to seek care.
4343 SECTION 2. Subchapter B, Chapter 32, Human Resources Code,
4444 is amended by adding Section 32.02481 to read as follows:
4545 Sec. 32.02481. WOMEN'S HEALTH PROGRAM OUTREACH PILOT
4646 PROGRAM. (a) In this section, "women's health program" means the
4747 demonstration project established under Section 32.0248.
4848 (b) The department, in conjunction with a health plan and
4949 hospital in Bexar County, shall develop an outreach pilot program
5050 to assist women described by Section 32.0248(b-1) in establishing
5151 eligibility for the women's health program. As part of the outreach
5252 pilot program, the department shall:
5353 (1) perform an initial screening to determine
5454 eligibility for the women's health program; and
5555 (2) ensure that a woman described by Section
5656 32.0248(b-1) receives information regarding benefits available
5757 through the women's health program, notification of potential
5858 eligibility, an application form for the women's health program,
5959 information on where and how to receive application assistance, and
6060 a list, updated on a quarterly basis, of women's health program
6161 providers in the county.
6262 (c) A hospital or health plan participating in the outreach
6363 pilot program that contracts with an entity that provides
6464 information and services to participants in the medical assistance
6565 program may modify the information and services provided by that
6666 entity to ensure that potentially eligible women are provided the
6767 information and services required under this section.
6868 (d) The outreach pilot program must include monitoring,
6969 evaluation, and reporting. The department shall use information
7070 provided by the hospital or health plan participating in the
7171 outreach pilot program to report to the legislature regarding the
7272 following:
7373 (1) the costs and benefits of establishing a statewide
7474 outreach program; and
7575 (2) problems encountered during the implementation of
7676 the outreach pilot program and recommendations for solutions.
7777 (e) This section expires September 1, 2011.
7878 SECTION 3. If before implementing any provision of this Act
7979 a state agency determines that a waiver or authorization from a
8080 federal agency is necessary for implementation of that provision,
8181 the agency affected by the provision shall request the waiver or
8282 authorization and may delay implementing that provision until the
8383 waiver or authorization is granted.
8484 SECTION 4. This Act takes effect September 1, 2009.