By: Zerwas H.R. No. 2730
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on Senate Bill 23 (administration of and
efficiency, cost-saving, fraud prevention, and funding measures
for certain health and human services and health benefits programs,
including the medical assistance and child health plan programs) to
consider and take action on the following matters:
(1) House Rule 13, Section 9(a)(1), is suspended to permit
the committee to change text that is not in disagreement in proposed
SECTION 7(b) of the bill, in added Section 161.082(b), Human
Resources Code, to read as follows:
(b) The department shall perform a utilization review of
services in all Section 1915(c) waiver programs. The utilization
review must include, at a minimum, reviewing program recipients'
levels of care and any plans of care for those recipients that
exceed service level thresholds established in the applicable
waiver program guidelines.
Explanation: The change in the text is necessary to clarify
that the requirements of a utilization review listed in added
Section 161.082(b), Human Resources Code, do not represent an
exclusive list of requirements.
(2) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either the
house or the senate version of the bill by adding the following
subsection to proposed SECTION 3 of the bill:
(l) Subsection (d), Section 533.012, Government Code, is
repealed.
Explanation: The addition of this text is necessary repeal a
provision exempting Medicaid managed care organizations from
providing fraud control information regarding subcontractors in
excess of the fraud control information required under certain
contracts.
(3) House Rule 13, Section 9(a)(4), is suspended to permit
the committee to add text on a matter not included in either the
house or the senate version of the bill by adding the following
proposed SECTION to the bill:
SECTION 21. GRANTS FOR FAMILY PLANNING SERVICE PROVIDERS.
(a) Subchapter A, Chapter 531, Government Code, is amended by
adding Section 531.0025 to read as follows:
Sec. 531.0025. RESTRICTIONS ON AWARDS TO FAMILY PLANNING
SERVICE PROVIDERS. (a) Notwithstanding any other law, money
appropriated to the Department of State Health Services for the
purpose of providing family planning services must be awarded:
(1) to eligible entities in the following order of
descending priority:
(A) public entities that provide family planning
services, including state, county, and local community health
clinics;
(B) nonpublic entities that provide
comprehensive primary and preventive care services in addition to
family planning services; and
(C) nonpublic entities that provide family
planning services but do not provide comprehensive primary and
preventive care services; or
(2) as otherwise directed by the legislature in the
General Appropriations Act.
(b) Notwithstanding Subsection (a), the Department of State
Health Services may award money to eligible entities in medically
underserved areas of the state out of the order of priority required
by that subsection.
(b) Section 32.024, Human Resources Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The department shall ensure that money spent for
purposes of the demonstration project for women's health care
services under former Section 32.0248, Human Resources Code, or a
similar successor program is not used to perform or promote
elective abortions, or to contract with entities that perform or
promote elective abortions or affiliate with entities that perform
or promote elective abortions.
Explanation: The addition of this text is necessary to give
direction regarding and impose restrictions on the use of money
appropriated for family planning services and other women's health
care services.