| 1 | 1 | | 86R1341 KKR-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 30 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the transfer of unused long-acting reversible |
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| 8 | 8 | | contraceptive products under Medicaid and the Healthy Texas Women |
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| 9 | 9 | | program. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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| 12 | 12 | | amended by adding Section 531.0742 to read as follows: |
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| 13 | 13 | | Sec. 531.0742. TRANSFER OF UNUSED LONG-ACTING REVERSIBLE |
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| 14 | 14 | | CONTRACEPTIVE PRODUCT. (a) In this section: |
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| 15 | 15 | | (1) "Healthy Texas Women program" means a program |
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| 16 | 16 | | operated by the commission that is substantially similar to the |
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| 17 | 17 | | demonstration project operated under former Section 32.0248, Human |
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| 18 | 18 | | Resources Code, and that is intended to expand access to preventive |
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| 19 | 19 | | health and family planning services for women in this state. |
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| 20 | 20 | | (2) "Long-acting reversible contraceptive product" |
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| 21 | 21 | | means a method of birth control that provides effective |
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| 22 | 22 | | contraception for an extended period without requiring user action. |
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| 23 | 23 | | The term includes an injection, intrauterine device, and subdermal |
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| 24 | 24 | | contraceptive implant. |
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| 25 | 25 | | (b) In accordance with commission rules, a health care |
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| 26 | 26 | | provider under Medicaid or the Healthy Texas Women program may |
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| 27 | 27 | | transfer to a Medicaid or Healthy Texas Women program recipient a |
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| 28 | 28 | | long-acting reversible contraceptive product prescribed by the |
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| 29 | 29 | | provider to another recipient if: |
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| 30 | 30 | | (1) the long-acting reversible contraceptive product: |
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| 31 | 31 | | (A) was not delivered to or used by the recipient |
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| 32 | 32 | | to whom the contraceptive product was initially prescribed; |
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| 33 | 33 | | (B) is contained in the contraceptive product's |
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| 34 | 34 | | original packaging and that packaging is unopened; and |
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| 35 | 35 | | (C) is prescribed to and is medically appropriate |
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| 36 | 36 | | and not contraindicated for the recipient to whom the contraceptive |
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| 37 | 37 | | product is being transferred; and |
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| 38 | 38 | | (2) at the time of the transfer: |
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| 39 | 39 | | (A) the contraceptive product has been in the |
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| 40 | 40 | | health care provider's possession for at least 12 weeks following |
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| 41 | 41 | | the date of the original prescription for the product; or |
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| 42 | 42 | | (B) the health care provider has written |
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| 43 | 43 | | confirmation that the recipient to whom the contraceptive product |
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| 44 | 44 | | was initially prescribed no longer wishes to receive or use the |
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| 45 | 45 | | product. |
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| 46 | 46 | | SECTION 2. Not later than March 31, 2020, the executive |
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| 47 | 47 | | commissioner of the Health and Human Services Commission shall |
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| 48 | 48 | | adopt rules necessary to implement Section 531.0742, Government |
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| 49 | 49 | | Code, as added by this Act. |
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| 50 | 50 | | SECTION 3. If before implementing any provision of this Act |
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| 51 | 51 | | a state agency determines that a waiver or authorization from a |
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| 52 | 52 | | federal agency is necessary for implementation of that provision, |
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| 53 | 53 | | the agency affected by the provision shall request the waiver or |
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| 54 | 54 | | authorization and may delay implementing that provision until the |
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| 55 | 55 | | waiver or authorization is granted. |
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| 56 | 56 | | SECTION 4. This Act takes effect September 1, 2019. |
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