88R22123 KKR-F
By: Jones of Dallas, Oliverson, Rose, H.B. No. 2235
Anderson, Wu, et al.
Substitute the following for H.B. No. 2235:
By: Klick C.S.H.B. No. 2235
A BILL TO BE ENTITLED
AN ACT
relating to HIV and AIDS tests.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 85, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING
SECTION 2. Subchapter D, Chapter 85, Health and Safety
Code, is amended by adding Section 85.0815 to read as follows:
Sec. 85.0815. OPT-OUT HIV TESTING IN CERTAIN ROUTINE
MEDICAL SCREENINGS. (a) A health care provider who takes a sample
of an individual's blood as part of a medical screening may submit
the sample for an HIV diagnostic test, regardless of whether an HIV
test is part of a primary diagnosis, unless the individual opts out
of the HIV test.
(b) Before taking a sample of an individual's blood as part
of a medical screening, a health care provider must obtain the
individual's consent for an HIV diagnostic test or inform the
individual that an HIV diagnostic test will be performed unless the
individual opts out of the HIV test.
(c) A health care provider who submits an individual's blood
for an HIV diagnostic test shall provide to each individual who
receives a positive test result information on available HIV health
services and referrals to community support programs.
(d) The executive commissioner shall adopt rules to
implement this section. In adopting rules, the executive
commissioner must consider the most recent recommendations of the
Centers for Disease Control and Prevention for HIV testing of
adults and adolescents.
SECTION 3. Section 32.024, Human Resources Code, is amended
by adding Subsection (ee) to read as follows:
(ee) The executive commissioner shall adopt rules to
require the commission to provide an HIV test in accordance with
Section 85.0815, Health and Safety Code, to an individual who
receives medical assistance.
SECTION 4. If before implementing the change in law made by
Section 32.024(ee), Human Resources Code, as added by this Act, a
state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that change in
law, the agency affected by the change in law shall request the
waiver or authorization and may delay implementing that change in
law until the waiver or authorization is granted.
SECTION 5. (a) The executive commissioner of the Health
and Human Services Commission shall adopt the rules required by
Section 85.0815, Health and Safety Code, as added by this Act, and
Section 32.024(ee), Human Resources Code, as added by this Act, not
later than January 1, 2024.
(b) Notwithstanding Section 85.0815, Health and Safety
Code, as added by this Act, a health care provider is not required
to comply with that section until January 1, 2024.
SECTION 6. (a) Notwithstanding any other section of this
Act, in a state fiscal year, the Health and Human Services
Commission is not required to implement a mandatory provision in
another section of this Act imposing a duty on the commission to
take an action unless money is specifically appropriated to the
commission for that fiscal year to carry out that duty. The
commission may implement the provision in that fiscal year to the
extent other funding is available to the commission for the
implementation.
(b) If, as authorized by Subsection (a) of this section, the
Health and Human Services Commission does not implement the
mandatory provision in a state fiscal year, the commission, in the
commission's legislative budget request for the next state fiscal
biennium, shall certify that fact to the Legislative Budget Board
and include a written estimate of the costs of implementing the
provision in each year of that next state fiscal biennium.
(c) This section expires and any duty suspended by
Subsection (a) of this section becomes mandatory on September 1,
2027.
SECTION 7. This Act takes effect September 1, 2023.