82R12241 SJM-D
By: Strama H.B. No. 3256
A BILL TO BE ENTITLED
AN ACT
relating to the extension of and expansion of eligibility for the
Women's Health Program demonstration project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 32.0248(a), (b), (g), and (i), Human
Resources Code, are amended to read as follows:
(a) The department shall operate [establish] a [five-year]
demonstration project through the medical assistance program to
expand access to preventive health and family planning services for
women. A woman eligible under Subsection (b) to participate in the
demonstration project may receive appropriate preventive health
and family planning services, including:
(1) medical history recording and evaluation;
(2) physical examinations;
(3) health screenings, including screening for:
(A) diabetes;
(B) cervical cancer;
(C) breast cancer;
(D) sexually transmitted diseases;
(E) hypertension;
(F) cholesterol; and
(G) tuberculosis;
(4) counseling and education on contraceptive methods
emphasizing the health benefits of abstinence from sexual activity
to recipients who are not married, except for counseling and
education regarding emergency contraception;
(5) provision of contraceptives, except for the
provision of emergency contraception;
(6) risk assessment; and
(7) referral of medical problems to appropriate
providers that are entities or organizations that do not perform or
promote elective abortions or contract or affiliate with entities
that perform or promote elective abortions.
(b) A woman is eligible to participate in the demonstration
project if the woman [is at least 18 years of age and]:
(1) is at least 18 years of age and has a net family
income that is at or below 185 percent of the federal poverty level;
(2) is at least 18 years of age and participates in or
receives benefits under any of the following:
(A) the medical assistance program;
(B) the financial assistance program under
Chapter 31;
(C) the nutritional assistance program under
Chapter 33;
(D) the Supplemental Food Program for Women,
Infants and Children; or
(E) another program administered by the state
that:
(i) requires documentation of income; and
(ii) restricts eligibility to persons with
income equal to or less than the income eligibility guidelines
applicable to the medical assistance program;
(3) is at least 18 years of age and is presumed
eligible for one of the programs listed in Subdivision (2) pending
completion of that program's eligibility process; [or]
(4) is at least 18 years of age and is a member of a
family that contains at least one person who participates in or
receives benefits under one of the programs listed in Subdivision
(2); or
(5) is not pregnant but, if she were to become
pregnant, would have a net family income on the birth of the child
that is at or below 185 percent of the federal poverty level.
(g) Not later than December 1 of each even-numbered year,
the department shall submit a report to the legislature regarding
the department's operation of [progress in establishing and
operating] the demonstration project.
(i) This section expires September 1, 2021 [2011].
SECTION 2. The change in law made by this Act applies to a
person who receives medical assistance under Chapter 32, Human
Resources Code, on or after the effective date of this Act,
regardless of the date on which eligibility for the medical
assistance was determined.
SECTION 3. If before implementing Section 32.0248, Human
Resources Code, as amended by this Act, a state agency determines
that an amendment to the existing waiver or other authorization is
necessary to extend the operation of and expand eligibility for the
demonstration project under that section as amended, the agency
affected by the provision shall request the amendment to the waiver
or other authorization and may delay implementing that section
until the amendment or other authorization is granted.
SECTION 4. This Act takes effect August 31, 2011.