Texas 2017 - 85th Regular

Texas Senate Bill SB1161 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R8758 KKR-D
2	2	By: Garcia S.B. No. 1161
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to access to certain preventive health and family planning
8	8	services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 32.003(a), Family Code, is amended to
11	11	read as follows:
12	12	(a) A child may consent to medical, dental, psychological,
13	13	and surgical treatment for the child by a licensed physician or
14	14	dentist if the child:
15	15	(1) is on active duty with the armed services of the
16	16	United States of America;
17	17	(2) is:
18	18	(A) 16 years of age or older and resides separate
19	19	and apart from the child's parents, managing conservator, or
20	20	guardian, with or without the consent of the parents, managing
21	21	conservator, or guardian and regardless of the duration of the
22	22	residence; and
23	23	(B) managing the child's own financial affairs,
24	24	regardless of the source of the income;
25	25	(3) consents to the diagnosis and treatment of an
26	26	infectious, contagious, or communicable disease that is required by
27	27	law or a rule to be reported by the licensed physician or dentist to
28	28	a local health officer or the [Texas] Department of State Health
29	29	Services, including all diseases within the scope of Section
30	30	81.041, Health and Safety Code;
31	31	(4) is unmarried and pregnant and consents to
32	32	hospital, medical, or surgical treatment, other than abortion,
33	33	related to the pregnancy;
34	34	(5) consents to examination and treatment for drug or
35	35	chemical addiction, drug or chemical dependency, or any other
36	36	condition directly related to drug or chemical use;
37	37	(6) is unmarried, is the parent of a child, and has
38	38	actual custody of the [his or her] child and consents to medical,
39	39	dental, psychological, or surgical treatment for the child; [or]
40	40	(7) is serving a term of confinement in a facility
41	41	operated by or under contract with the Texas Department of Criminal
42	42	Justice, unless the treatment would constitute a prohibited
43	43	practice under Section 164.052(a)(19), Occupations Code; or
44	44	(8) is the mother of a child and consents to
45	45	examination or medical treatment, other than abortion, related to
46	46	family planning.
47	47	SECTION 2. Subtitle B, Title 2, Health and Safety Code, is
48	48	amended by adding Chapter 50 to read as follows:
49	49	CHAPTER 50. ACCESS TO FAMILY PLANNING
50	50	Sec. 50.001. AGE OF ELIGIBILITY. A minor who does not meet
51	51	the age requirement for eligibility for a program administered by
52	52	this state that provides family planning services is entitled to
53	53	receive family planning services from that program if the minor:
54	54	(1) meets all other eligibility criteria for that
55	55	program; and
56	56	(2) is the mother of a child.
57	57	Sec. 50.002. CONSENT. (a) A minor described by Section
58	58	50.001 may consent to family planning services provided by a
59	59	program administered by this state.
60	60	(b) A state program providing family planning services may
61	61	not require the consent of the minor's parent or guardian as a
62	62	condition for providing family planning services to a minor
63	63	described by Section 50.001.
64	64	SECTION 3. Subchapter B, Chapter 32, Human Resources Code,
65	65	is amended by adding Section 32.02491 to read as follows:
66	66	Sec. 32.02491. AUTOMATIC ENROLLMENT OF CERTAIN WOMEN IN
67	67	TEXAS WOMEN'S HEALTH PROGRAM. (a) In this section, "Texas women's
68	68	health program" means a program operated by the commission that is
69	69	substantially similar to the demonstration project operated by the
70	70	Department of State Health Services under former Section 32.0248
71	71	and that is intended to expand access to preventive health and
72	72	family planning services for women in this state.
73	73	(b) The commission shall automatically enroll a woman in the
74	74	Texas women's health program following a pregnancy for which the
75	75	woman received benefits through the medical assistance program if
76	76	she:
77	77	(1) is younger than 20 years of age; and
78	78	(2) is no longer eligible to participate in the
79	79	medical assistance program.
80	80	(c) Notwithstanding any other law, a woman younger than 18
81	81	years of age who is enrolled in the Texas women's health program
82	82	under Subsection (b) may consent to family planning services
83	83	provided through the Texas women's health program, and a provider
84	84	under the Texas women's health program may not require the consent
85	85	of the woman's parent or guardian as a condition for providing
86	86	family planning services to the woman.
87	87	(d) To the extent possible, the commission shall modify
88	88	applicable administrative procedures to ensure that a woman
89	89	described by Subsection (b) maintains continuous eligibility for
90	90	any services provided by both the medical assistance program and
91	91	the Texas women's health program during the transition from
92	92	participation in the medical assistance program to participation in
93	93	the Texas women's health program.
94	94	(e) The executive commissioner shall adopt rules necessary
95	95	to implement this section.
96	96	SECTION 4. If before implementing any provision of this Act
97	97	a state agency determines that a waiver or authorization from a
98	98	federal agency is necessary for implementation of that provision,
99	99	the agency affected by the provision shall request the waiver or
100	100	authorization and may delay implementing that provision until the
101	101	waiver or authorization is granted.
102	102	SECTION 5. This Act takes effect immediately if it receives
103	103	a vote of two-thirds of all the members elected to each house, as
104	104	provided by Section 39, Article III, Texas Constitution. If this
105	105	Act does not receive the vote necessary for immediate effect, this
106	106	Act takes effect September 1, 2017.