82R5329 SJM-D
By: Deuell S.B. No. 1854
A BILL TO BE ENTITLED
AN ACT
relating to the women's health program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 32.0248, Human Resources Code, is
amended to read as follows:
Sec. 32.0248. [DEMONSTRATION PROJECT FOR] WOMEN'S HEALTH
PROGRAM [CARE SERVICES]. (a) In this section:
(1) "Family planning" means establishing objectives
for the number and spacing of a person's children and selecting from
the following methods to limit or enhance fertility to achieve
those objectives:
(A) abstinence;
(B) contraception; and
(C) adoption.
(2) "Prenatal care" means medical services provided to
a pregnant woman to promote maternal and fetal health.
(3) "Program" means the women's health program
provided under this section.
(a-1) The department shall provide [establish] a women's
health program [five-year demonstration project] through the
medical assistance program to expand access to comprehensive
primary and preventive health care and family planning services for
women. A woman eligible under Subsection (b) to participate in the
program [demonstration project] may receive appropriate
comprehensive primary and preventive health care 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; and
(8) prenatal care.
(b) A woman is eligible to participate in the program
[demonstration project] if the woman is at least 18 years of age
and:
(1) has a net family income that is at or below 185
percent of the federal poverty level;
(2) 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 presumed eligible for one of the programs
listed in Subdivision (2) pending completion of that program's
eligibility process; or
(4) 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).
(c) The department shall ensure that the standards of care
provided to a woman participating in the program [demonstration
project] are consistent with the requirements of law and current
best practices for provision of public health services.
(d) The department shall develop procedures for determining
and certifying eligibility for services under the program
[demonstration project] at the point of service delivery using
integrated procedures that minimize duplication of effort by
providers, the department, and other state agencies. The
department may not use a procedure that would require a cost in
excess of 10 percent of the total costs of actual comprehensive
primary and preventive health care and family planning services
provided under the program [demonstration project]. The
eligibility procedure may provide for expedited determination and
certification using a simplified form requiring only family income
and family size.
(e) The department shall compile a list of potential funding
sources a woman participating in the program [demonstration
project] may be able to use to help pay for treatment for health
problems:
(1) identified using services provided under the
program [demonstration project]; and
(2) for which the woman is not eligible to receive
treatment under the program or otherwise under the medical
assistance program [or the demonstration project].
(f) Providers of services under the program [demonstration
project] shall comply with requests made by the department for
information necessary for the department to:
(1) make efficient use of money spent for the
operation and administration of the program [demonstration
project];
(2) report and provide information required by federal
law; and
(3) compile the report required by Subsection (g).
(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 program [demonstration project].
(h) The department shall ensure the money spent under the
program [demonstration project], regardless of the funding source,
is not used to perform or promote elective abortions. The
department, for the purpose of the program [demonstration project],
may not contract with entities that perform or promote elective
abortions or are affiliates of entities that perform or promote
elective abortions.
[(i) This section expires September 1, 2011.]
SECTION 2. 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 women's health program
under that section as amended, the agency affected by the provision
shall request the amendment to the waiver or authorization and may
delay implementing that section until the amendment or other
authorization is granted.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect August 31, 2011.