| 1 | 1 | | 88R22123 KKR-F |
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| 2 | 2 | | By: Jones of Dallas, Oliverson, Rose, H.B. No. 2235 |
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| 3 | 3 | | Anderson, Wu, et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to HIV and AIDS tests. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Subchapter D, Chapter 85, Health |
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| 11 | 11 | | and Safety Code, is amended to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING |
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| 13 | 13 | | SECTION 2. Subchapter D, Chapter 85, Health and Safety |
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| 14 | 14 | | Code, is amended by adding Section 85.0815 to read as follows: |
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| 15 | 15 | | Sec. 85.0815. OPT-OUT HIV TESTING IN CERTAIN ROUTINE |
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| 16 | 16 | | MEDICAL SCREENINGS. (a) A health care provider who takes a sample |
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| 17 | 17 | | of an individual's blood as part of a medical screening may submit |
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| 18 | 18 | | the sample for an HIV diagnostic test, regardless of whether an HIV |
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| 19 | 19 | | test is part of a primary diagnosis, unless the individual opts out |
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| 20 | 20 | | of the HIV test. |
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| 21 | 21 | | (b) Before taking a sample of an individual's blood as part |
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| 22 | 22 | | of a medical screening, a health care provider must obtain the |
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| 23 | 23 | | individual's consent for an HIV diagnostic test or inform the |
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| 24 | 24 | | individual that an HIV diagnostic test will be performed unless the |
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| 25 | 25 | | individual opts out of the HIV test. |
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| 26 | 26 | | (c) A health care provider who submits an individual's blood |
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| 27 | 27 | | for an HIV diagnostic test shall provide to each individual who |
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| 28 | 28 | | receives a positive test result information on available HIV health |
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| 29 | 29 | | services and referrals to community support programs. |
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| 30 | 30 | | (d) The executive commissioner shall adopt rules to |
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| 31 | 31 | | implement this section. In adopting rules, the executive |
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| 32 | 32 | | commissioner must consider the most recent recommendations of the |
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| 33 | 33 | | Centers for Disease Control and Prevention for HIV testing of |
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| 34 | 34 | | adults and adolescents. |
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| 35 | 35 | | SECTION 3. Section 32.024, Human Resources Code, is amended |
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| 36 | 36 | | by adding Subsection (ee) to read as follows: |
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| 37 | 37 | | (ee) The executive commissioner shall adopt rules to |
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| 38 | 38 | | require the commission to provide an HIV test in accordance with |
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| 39 | 39 | | Section 85.0815, Health and Safety Code, to an individual who |
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| 40 | 40 | | receives medical assistance. |
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| 41 | 41 | | SECTION 4. If before implementing the change in law made by |
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| 42 | 42 | | Section 32.024(ee), Human Resources Code, as added by this Act, a |
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| 43 | 43 | | state agency determines that a waiver or authorization from a |
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| 44 | 44 | | federal agency is necessary for implementation of that change in |
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| 45 | 45 | | law, the agency affected by the change in law shall request the |
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| 46 | 46 | | waiver or authorization and may delay implementing that change in |
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| 47 | 47 | | law until the waiver or authorization is granted. |
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| 48 | 48 | | SECTION 5. (a) The executive commissioner of the Health |
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| 49 | 49 | | and Human Services Commission shall adopt the rules required by |
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| 50 | 50 | | Section 85.0815, Health and Safety Code, as added by this Act, and |
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| 51 | 51 | | Section 32.024(ee), Human Resources Code, as added by this Act, not |
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| 52 | 52 | | later than January 1, 2024. |
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| 53 | 53 | | (b) Notwithstanding Section 85.0815, Health and Safety |
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| 54 | 54 | | Code, as added by this Act, a health care provider is not required |
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| 55 | 55 | | to comply with that section until January 1, 2024. |
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| 56 | 56 | | SECTION 6. (a) Notwithstanding any other section of this |
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| 57 | 57 | | Act, in a state fiscal year, the Health and Human Services |
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| 58 | 58 | | Commission is not required to implement a mandatory provision in |
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| 59 | 59 | | another section of this Act imposing a duty on the commission to |
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| 60 | 60 | | take an action unless money is specifically appropriated to the |
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| 61 | 61 | | commission for that fiscal year to carry out that duty. The |
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| 62 | 62 | | commission may implement the provision in that fiscal year to the |
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| 63 | 63 | | extent other funding is available to the commission for the |
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| 64 | 64 | | implementation. |
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| 65 | 65 | | (b) If, as authorized by Subsection (a) of this section, the |
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| 66 | 66 | | Health and Human Services Commission does not implement the |
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| 67 | 67 | | mandatory provision in a state fiscal year, the commission, in the |
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| 68 | 68 | | commission's legislative budget request for the next state fiscal |
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| 69 | 69 | | biennium, shall certify that fact to the Legislative Budget Board |
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| 70 | 70 | | and include a written estimate of the costs of implementing the |
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| 71 | 71 | | provision in each year of that next state fiscal biennium. |
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| 72 | 72 | | (c) This section expires and any duty suspended by |
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| 73 | 73 | | Subsection (a) of this section becomes mandatory on September 1, |
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| 74 | 74 | | 2027. |
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| 75 | 75 | | SECTION 7. This Act takes effect September 1, 2023. |
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