| 1 | 1 | | 86R10356 EAS-D |
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| 2 | 2 | | By: Calanni H.B. No. 3375 |
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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 an annual medical examination for foster children. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 266, Family Code, is amended by adding |
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| 10 | 10 | | Section 266.014 to read as follows: |
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| 11 | 11 | | Sec. 266.014. ANNUAL MEDICAL EXAMINATION REQUIRED; SEXUAL |
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| 12 | 12 | | ABUSE OR HUMAN TRAFFICKING REFERRAL. (a) For each child in the |
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| 13 | 13 | | conservatorship of the department, the department shall make a |
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| 14 | 14 | | reasonable effort to obtain consent from a person authorized to |
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| 15 | 15 | | provide consent under Section 266.004 or 266.010, as applicable, |
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| 16 | 16 | | for the child to receive an annual medical examination in |
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| 17 | 17 | | accordance with this section. |
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| 18 | 18 | | (b) The department shall ensure that each child in the |
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| 19 | 19 | | conservatorship of the department for whom the department obtains |
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| 20 | 20 | | consent under Subsection (a) receives an annual medical examination |
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| 21 | 21 | | from a physician or other health care provider authorized under |
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| 22 | 22 | | state law to conduct medical examinations. The examination must |
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| 23 | 23 | | include an evaluation of whether the child has been sexually abused |
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| 24 | 24 | | or was a victim of human trafficking during the preceding year. |
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| 25 | 25 | | (c) If, during the evaluation or medical examination, the |
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| 26 | 26 | | physician or health care provider determines that the child has |
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| 27 | 27 | | been sexually abused or was a victim of human trafficking, the |
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| 28 | 28 | | physician or health care provider shall refer the child to a |
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| 29 | 29 | | specialist who provides medical and psychological treatment for |
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| 30 | 30 | | victims of sexual abuse or human trafficking, as applicable. |
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| 31 | 31 | | (d) The commission shall ensure that the annual medical |
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| 32 | 32 | | examination required by this section is a benefit covered under the |
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| 33 | 33 | | STAR Health program or other Medicaid program in which the child is |
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| 34 | 34 | | enrolled. |
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| 35 | 35 | | SECTION 2. If before implementing any provision of this Act |
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| 36 | 36 | | a state agency determines that an additional waiver or additional |
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| 37 | 37 | | authorization from a federal agency is necessary for implementation |
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| 38 | 38 | | of that provision, the agency affected by the provision shall |
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| 39 | 39 | | request the waiver or authorization and may delay implementing that |
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| 40 | 40 | | provision until the waiver or authorization is granted. |
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| 41 | 41 | | SECTION 3. This Act takes effect September 1, 2019. |
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