82R1270 SJM-D By: Villarreal H.B. No. 419 A BILL TO BE ENTITLED AN ACT relating to the automatic enrollment of certain women in the demonstration project for women's health care services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 32.0248, Human Resources Code, is amended by amending Subsections (a), (g), and (i) and adding Subsections (b-1) and (b-2) 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-1) On the 61st day after the date a woman who received benefits through the medical assistance program during her pregnancy gives birth, the department shall automatically enroll the woman in the demonstration project for a period of 10 months if she is otherwise eligible to participate in the project. (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. (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 only 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 the demonstration project for women's health care services 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.