1 | 1 | | By: Cook, Eckhardt S.B. No. 2768 |
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2 | 2 | | |
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3 | 3 | | |
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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 certain health care services, increasing access to |
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9 | 9 | | health care, and repealing or replacing medically unnecessary and |
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10 | 10 | | outdated health care restrictions. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | ARTICLE 1. GENERAL PROVISIONS |
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13 | 13 | | SECTION 1.01. This Act may be cited as the Health Freedom |
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14 | 14 | | for Texans Act. |
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15 | 15 | | SECTION 1.02. The legislature finds that: |
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16 | 16 | | (1) comprehensive reproductive health care, including |
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17 | 17 | | safe abortion care and health care services for transgender and |
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18 | 18 | | gender-nonconforming persons, is a vital component of a person's |
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19 | 19 | | overall health and of their social and economic equality; |
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20 | 20 | | (2) abortion is one of the safest medical procedures |
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21 | 21 | | in the United States, as demonstrated by available data, including |
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22 | 22 | | from the Centers for Disease Control and Prevention, showing |
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23 | 23 | | abortion has a more than 99 percent safety record; |
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24 | 24 | | (3) any regulation of medical care must have a |
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25 | 25 | | legitimate and verifiable purpose and advance the goals of |
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26 | 26 | | improving the quality of care and increasing access to care; |
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27 | 27 | | (4) according to the American College of Obstetricians |
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28 | 28 | | and Gynecologists, American Medical Association, American Academy |
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29 | 29 | | of Family Physicians, and American Osteopathic Association, |
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30 | 30 | | "access to high-quality, evidence-based abortion care should not be |
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31 | 31 | | limited by laws enacted under the guise of patient safety but that, |
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32 | 32 | | in fact, [cause] harm"; and |
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33 | 33 | | (5) the almost complete abortion ban and the onerous |
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34 | 34 | | restrictions enacted in this state based on pretextual reasons are |
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35 | 35 | | a systematic attempt to eliminate access to safe and necessary |
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36 | 36 | | medical care. |
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37 | 37 | | ARTICLE 2. INCREASING ACCESS TO HEALTH CARE |
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38 | 38 | | SECTION 2.01. Section 32.003, Family Code, is amended by |
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39 | 39 | | amending Subsection (a) and adding Subsection (g) to read as |
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40 | 40 | | follows: |
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41 | 41 | | (a) A child may consent to medical, dental, psychological, |
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42 | 42 | | and surgical treatment for the child by a licensed physician or |
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43 | 43 | | dentist if the child: |
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44 | 44 | | (1) is on active duty with the armed services of the |
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45 | 45 | | United States of America; |
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46 | 46 | | (2) is: |
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47 | 47 | | (A) 16 years of age or older and resides separate |
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48 | 48 | | and apart from the child's parents, managing conservator, or |
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49 | 49 | | guardian, with or without the consent of the parents, managing |
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50 | 50 | | conservator, or guardian and regardless of the duration of the |
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51 | 51 | | residence; and |
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52 | 52 | | (B) managing the child's own financial affairs, |
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53 | 53 | | regardless of the source of the income; |
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54 | 54 | | (3) consents to the diagnosis and treatment of an |
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55 | 55 | | infectious, contagious, or communicable disease that is required by |
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56 | 56 | | law or a rule to be reported by the licensed physician or dentist to |
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57 | 57 | | a local health officer or the [Texas] Department of State Health |
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58 | 58 | | Services, including all diseases within the scope of Section |
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59 | 59 | | 81.041, Health and Safety Code; |
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60 | 60 | | (4) is unmarried and pregnant and consents to |
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61 | 61 | | hospital, medical, or surgical treatment[, other than abortion,] |
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62 | 62 | | related to the pregnancy; |
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63 | 63 | | (5) consents to examination and treatment for drug or |
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64 | 64 | | chemical addiction, drug or chemical dependency, or any other |
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65 | 65 | | condition directly related to drug or chemical use; |
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66 | 66 | | (6) is unmarried, is the parent of a child, and has |
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67 | 67 | | actual custody of the [his or her] child and consents to medical, |
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68 | 68 | | dental, psychological, or surgical treatment for the child; [or] |
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69 | 69 | | (7) is serving a term of confinement in a facility |
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70 | 70 | | operated by or under contract with the Texas Department of Criminal |
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71 | 71 | | Justice; or |
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72 | 72 | | (8) consents to a contraception-related examination |
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73 | 73 | | or medical treatment[, unless the treatment would constitute a |
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74 | 74 | | prohibited practice under Section 164.052(a)(19), Occupations |
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75 | 75 | | Code]. |
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76 | 76 | | (g) In this section, "contraception" means any reversible |
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77 | 77 | | method of preventing pregnancy that is approved by the United |
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78 | 78 | | States Food and Drug Administration. |
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79 | 79 | | SECTION 2.02. Section 501.065, Government Code, is amended |
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80 | 80 | | to read as follows: |
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81 | 81 | | Sec. 501.065. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, |
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82 | 82 | | AND SURGICAL TREATMENT. An inmate who is younger than 18 years of |
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83 | 83 | | age and is confined in a facility operated by or under contract with |
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84 | 84 | | the department may, in accordance with procedures established by |
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85 | 85 | | the department, consent to medical, dental, psychological, and |
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86 | 86 | | surgical treatment for the inmate by a licensed health care |
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87 | 87 | | practitioner, or a person under the direction of a licensed health |
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88 | 88 | | care practitioner[, unless the treatment would constitute a |
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89 | 89 | | prohibited practice under Section 164.052(a)(19), Occupations |
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90 | 90 | | Code]. |
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91 | 91 | | SECTION 2.03. Section 62.151, Health and Safety Code, is |
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92 | 92 | | amended by amending Subsection (c) and adding Subsections (h) and |
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93 | 93 | | (i) to read as follows: |
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94 | 94 | | (c) In modifying the plan, the executive commissioner shall |
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95 | 95 | | ensure that primary and preventive health benefits [do not] include |
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96 | 96 | | reproductive services, such as contraception, abortion services, |
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97 | 97 | | [other than] prenatal care, and care related to diseases, |
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98 | 98 | | illnesses, or abnormalities related to the reproductive system. |
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99 | 99 | | (h) Subject to Subsection (i), the child health plan must |
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100 | 100 | | provide as covered benefits prescription contraceptive drugs or |
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101 | 101 | | devices approved by the United States Food and Drug Administration. |
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102 | 102 | | (i) The child health plan shall provide as covered benefits |
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103 | 103 | | prescription contraceptive drugs or devices for an enrolled child |
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104 | 104 | | 17 years of age or younger for the purpose of primary and preventive |
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105 | 105 | | reproductive health care if the prescribing health care provider |
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106 | 106 | | receives written consent for the prescription from: |
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107 | 107 | | (1) the enrolled child's parent, guardian, or managing |
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108 | 108 | | conservator; or |
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109 | 109 | | (2) the enrolled child or other adult if authorized |
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110 | 110 | | under Section 32.001 or 32.003, Family Code, for the prescription |
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111 | 111 | | or dispensing of the contraceptive drug or device. |
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112 | 112 | | SECTION 2.04. Section 171.002(1), Health and Safety Code, |
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113 | 113 | | is amended to read as follows: |
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114 | 114 | | (1) "Abortion" means an act or procedure performed |
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115 | 115 | | after pregnancy has been medically verified and with the intent to |
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116 | 116 | | cause the termination of a pregnancy other than for the purpose of |
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117 | 117 | | either the birth of a live fetus or the removal of a dead fetus. The |
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118 | 118 | | term does not include birth control devices or oral contraceptives |
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119 | 119 | | [has the meaning assigned by Section 245.002]. |
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120 | 120 | | SECTION 2.05. Subtitle H, Title 2, Health and Safety Code, |
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121 | 121 | | is amended by adding Chapter 174 to read as follows: |
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122 | 122 | | CHAPTER 174. REPRODUCTIVE AUTONOMY |
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123 | 123 | | Sec. 174.001. INTERNET WEBSITE ON REPRODUCTIVE RIGHTS AND |
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124 | 124 | | RELATED RESOURCES. (a) The commission shall develop and maintain a |
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125 | 125 | | web page on the commission's Internet website with information on |
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126 | 126 | | the rights of an individual in this state to: |
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127 | 127 | | (1) obtain an abortion or related health care services |
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128 | 128 | | in this state; |
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129 | 129 | | (2) receive treatment for a miscarriage or an ectopic |
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130 | 130 | | pregnancy; |
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131 | 131 | | (3) access telemedicine medical services or |
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132 | 132 | | telehealth services for an abortion; and |
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133 | 133 | | (4) self-manage an abortion. |
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134 | 134 | | (b) The information required under Subsection (a) must be |
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135 | 135 | | printed in each of the five most spoken languages in this state. |
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136 | 136 | | SECTION 2.06. Section 32.024, Human Resources Code, is |
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137 | 137 | | amended by amending Subsections (e) and (l-1) to read as follows: |
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138 | 138 | | (e) Except as provided by Section 32.03118, the [The] |
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139 | 139 | | commission may not authorize the provision of any service to any |
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140 | 140 | | person under the program unless federal matching funds are |
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141 | 141 | | available to pay the cost of the service. |
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142 | 142 | | (l-1) The commission shall continue to provide medical |
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143 | 143 | | assistance to an individual [a woman] who is eligible for medical |
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144 | 144 | | assistance for pregnant individuals [women] for a period of not |
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145 | 145 | | less than 24[: |
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146 | 146 | | [(1) six months following the date the woman delivers |
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147 | 147 | | or experiences an involuntary miscarriage; and |
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148 | 148 | | [(2) 12] months that begins on the last day of the |
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149 | 149 | | individual's [woman's] pregnancy and ends on the last day of the |
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150 | 150 | | month in which the 24-month [12-month] period ends [in accordance |
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151 | 151 | | with Section 1902(e)(16), Social Security Act (42 U.S.C. Section |
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152 | 152 | | 1396a(e)(16))]. |
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153 | 153 | | SECTION 2.07. Subchapter B, Chapter 32, Human Resources |
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154 | 154 | | Code, is amended by adding Section 32.03118 to read as follows: |
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155 | 155 | | Sec. 32.03118. REIMBURSEMENT FOR CERTAIN REPRODUCTIVE |
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156 | 156 | | HEALTH SERVICES. (a) Regardless of whether federal matching funds |
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157 | 157 | | are available to pay the cost of the services, the commission shall |
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158 | 158 | | ensure that medical assistance reimbursement is provided for the |
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159 | 159 | | provision of the following services to medical assistance |
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160 | 160 | | recipients: |
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161 | 161 | | (1) abortion services; |
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162 | 162 | | (2) forms of contraception approved by the United |
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163 | 163 | | States Food and Drug Administration, including the insertion and |
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164 | 164 | | removal of devices; and |
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165 | 165 | | (3) voluntary sterilization, including vasectomies. |
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166 | 166 | | (b) The commission shall ensure that abortion, |
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167 | 167 | | contraception, and sterilization services are provided in |
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168 | 168 | | accordance with applicable state and federal law. |
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169 | 169 | | (c) Notwithstanding any other law, abortion, contraception, |
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170 | 170 | | and sterilization services provided under the medical assistance |
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171 | 171 | | program may not be subject to: |
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172 | 172 | | (1) a cost-sharing requirement, including a |
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173 | 173 | | deductible or coinsurance; |
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174 | 174 | | (2) utilization review; |
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175 | 175 | | (3) a prior authorization or step-therapy |
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176 | 176 | | requirement; or |
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177 | 177 | | (4) any restrictions on or delays in coverage. |
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178 | 178 | | SECTION 2.08. Chapter 32, Human Resources Code, is amended |
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179 | 179 | | by adding Subchapter H to read as follows: |
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180 | 180 | | SUBCHAPTER H. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE |
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181 | 181 | | Sec. 32.351. EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE |
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182 | 182 | | UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a) |
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183 | 183 | | Notwithstanding any other law, the commission shall provide medical |
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184 | 184 | | assistance to all individuals who apply for that assistance and for |
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185 | 185 | | whom federal matching funds are available under the Patient |
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186 | 186 | | Protection and Affordable Care Act (Pub. L. No. 111-148), as |
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187 | 187 | | amended by the Health Care and Education Reconciliation Act of 2010 |
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188 | 188 | | (Pub. L. No. 111-152), to provide that assistance. |
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189 | 189 | | (b) The executive commissioner shall adopt rules regarding |
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190 | 190 | | the provision of medical assistance as required by this section. |
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191 | 191 | | Sec. 32.352. ANNUAL REPORT ON EXPANDED ELIGIBILITY FOR |
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192 | 192 | | MEDICAL ASSISTANCE. Not later than December 1 of each year, the |
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193 | 193 | | commission shall report to the governor, the lieutenant governor, |
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194 | 194 | | the speaker of the house of representatives, and the standing |
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195 | 195 | | committees of the senate and the house of representatives having |
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196 | 196 | | primary jurisdiction over the medical assistance program on the |
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197 | 197 | | effects of expanding eligibility for medical assistance under |
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198 | 198 | | Section 32.351, including the effects on: |
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199 | 199 | | (1) the number of individuals in this state who do not |
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200 | 200 | | have health benefits coverage; |
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201 | 201 | | (2) state health care costs, including costs relating |
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202 | 202 | | to programs funded with money appropriated out of the general |
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203 | 203 | | revenue fund; |
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204 | 204 | | (3) local health care costs; and |
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205 | 205 | | (4) charity care and uncompensated care costs for |
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206 | 206 | | hospitals. |
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207 | 207 | | SECTION 2.09. The heading to Chapter 1218, Insurance Code, |
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208 | 208 | | is amended to read as follows: |
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209 | 209 | | CHAPTER 1218. COVERAGE FOR REPRODUCTIVE HEALTH SERVICES |
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210 | 210 | | [ELECTIVE ABORTION; PROHIBITIONS AND REQUIREMENTS] |
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211 | 211 | | SECTION 2.10. Sections 1218.001 and 1218.004, Insurance |
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212 | 212 | | Code, are amended to read as follows: |
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213 | 213 | | Sec. 1218.001. DEFINITIONS [DEFINITION]. In this chapter: |
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214 | 214 | | (1) "Abortion" has the meaning assigned[, "elective |
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215 | 215 | | abortion" means an abortion, as defined] by Section [245.002, |
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216 | 216 | | Health and Safety Code, other than an abortion performed due to a |
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217 | 217 | | medical emergency as defined by Section] 171.002, Health and Safety |
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218 | 218 | | Code. |
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219 | 219 | | (2) "Effective pain and anxiety management" means |
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220 | 220 | | evidence-based pain and anxiety management, including prescription |
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221 | 221 | | antianxiety medication, local anesthesia, topical anesthetic, |
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222 | 222 | | paracervical block, and minimal and moderate sedation. |
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223 | 223 | | Sec. 1218.004. COVERAGE REQUIRED [BY HEALTH BENEFIT |
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224 | 224 | | PLAN]. (a) A health benefit plan shall [may] provide coverage for |
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225 | 225 | | abortion services, all forms of contraception approved by the |
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226 | 226 | | United States Food and Drug Administration including the insertion |
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227 | 227 | | and removal of devices and counseling on and provision of effective |
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228 | 228 | | pain and anxiety management for the insertion or removal of |
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229 | 229 | | devices, and voluntary sterilization including vasectomies, in |
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230 | 230 | | accordance with applicable state and federal law. |
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231 | 231 | | (b) Coverage required under this section is not subject to |
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232 | 232 | | [elective abortion only if]: |
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233 | 233 | | (1) a cost-sharing requirement, including a |
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234 | 234 | | deductible or coinsurance [the coverage is provided to an enrollee |
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235 | 235 | | separately from other health benefit plan coverage offered by the |
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236 | 236 | | health benefit plan issuer]; |
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237 | 237 | | (2) utilization review [the enrollee pays the premium |
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238 | 238 | | for coverage for elective abortion separately from, and in addition |
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239 | 239 | | to, the premium for other health benefit plan coverage, if any]; |
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240 | 240 | | [and] |
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241 | 241 | | (3) a prior authorization or step-therapy requirement; |
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242 | 242 | | or |
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243 | 243 | | (4) any restrictions on or delays in coverage [the |
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244 | 244 | | enrollee provides a signature for coverage for elective abortion, |
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245 | 245 | | separately and distinct from the signature required for other |
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246 | 246 | | health benefit plan coverage, if any, provided to the enrollee by |
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247 | 247 | | the health benefit plan issuer]. |
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248 | 248 | | (c) This section controls over Subchapter C, Chapter 1369, |
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249 | 249 | | to the extent of any conflict. |
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250 | 250 | | SECTION 2.11. Section 1369.1031(c), Insurance Code, is |
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251 | 251 | | amended to read as follows: |
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252 | 252 | | (c) A health benefit plan that provides benefits for a |
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253 | 253 | | prescription contraceptive drug must provide for an enrollee to |
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254 | 254 | | obtain up to[: |
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255 | 255 | | [(1) a three-month supply of the covered prescription |
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256 | 256 | | contraceptive drug at one time the first time the enrollee obtains |
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257 | 257 | | the drug; and |
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258 | 258 | | [(2)] a 12-month supply of the covered prescription |
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259 | 259 | | contraceptive drug at one time each [subsequent] time the enrollee |
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260 | 260 | | obtains the [same] drug, regardless of whether the enrollee was |
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261 | 261 | | enrolled in the health benefit plan the first time the enrollee |
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262 | 262 | | obtained the drug. |
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263 | 263 | | SECTION 2.12. Section 164.052(a), Occupations Code, is |
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264 | 264 | | amended to read as follows: |
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265 | 265 | | (a) A physician or an applicant for a license to practice |
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266 | 266 | | medicine commits a prohibited practice if that person: |
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267 | 267 | | (1) submits to the board a false or misleading |
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268 | 268 | | statement, document, or certificate in an application for a |
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269 | 269 | | license; |
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270 | 270 | | (2) presents to the board a license, certificate, or |
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271 | 271 | | diploma that was illegally or fraudulently obtained; |
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272 | 272 | | (3) commits fraud or deception in taking or passing an |
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273 | 273 | | examination; |
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274 | 274 | | (4) uses alcohol or drugs in an intemperate manner |
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275 | 275 | | that, in the board's opinion, could endanger a patient's life; |
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276 | 276 | | (5) commits unprofessional or dishonorable conduct |
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277 | 277 | | that is likely to deceive or defraud the public, as provided by |
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278 | 278 | | Section 164.053, or injure the public; |
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279 | 279 | | (6) uses an advertising statement that is false, |
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280 | 280 | | misleading, or deceptive; |
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281 | 281 | | (7) advertises professional superiority or the |
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282 | 282 | | performance of professional service in a superior manner if that |
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283 | 283 | | advertising is not readily subject to verification; |
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284 | 284 | | (8) purchases, sells, barters, or uses, or offers to |
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285 | 285 | | purchase, sell, barter, or use, a medical degree, license, |
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286 | 286 | | certificate, or diploma, or a transcript of a license, certificate, |
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287 | 287 | | or diploma in or incident to an application to the board for a |
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288 | 288 | | license to practice medicine; |
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289 | 289 | | (9) alters, with fraudulent intent, a medical license, |
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290 | 290 | | certificate, or diploma, or a transcript of a medical license, |
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291 | 291 | | certificate, or diploma; |
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292 | 292 | | (10) uses a medical license, certificate, or diploma, |
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293 | 293 | | or a transcript of a medical license, certificate, or diploma that |
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294 | 294 | | has been: |
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295 | 295 | | (A) fraudulently purchased or issued; |
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296 | 296 | | (B) counterfeited; or |
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297 | 297 | | (C) materially altered; |
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298 | 298 | | (11) impersonates or acts as proxy for another person |
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299 | 299 | | in an examination required by this subtitle for a medical license; |
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300 | 300 | | (12) engages in conduct that subverts or attempts to |
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301 | 301 | | subvert an examination process required by this subtitle for a |
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302 | 302 | | medical license; |
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303 | 303 | | (13) impersonates a physician or permits another to |
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304 | 304 | | use the person's license or certificate to practice medicine in |
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305 | 305 | | this state; |
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306 | 306 | | (14) directly or indirectly employs a person whose |
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307 | 307 | | license to practice medicine has been suspended, canceled, or |
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308 | 308 | | revoked; |
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309 | 309 | | (15) associates in the practice of medicine with a |
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310 | 310 | | person: |
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311 | 311 | | (A) whose license to practice medicine has been |
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312 | 312 | | suspended, canceled, or revoked; or |
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313 | 313 | | (B) who has been convicted of the unlawful |
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314 | 314 | | practice of medicine in this state or elsewhere; |
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315 | 315 | | (16) [performs or procures a criminal abortion, aids |
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316 | 316 | | or abets in the procuring of a criminal abortion, attempts to |
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317 | 317 | | perform or procure a criminal abortion, or attempts to aid or abet |
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318 | 318 | | the performance or procurement of a criminal abortion; |
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319 | 319 | | [(17)] directly or indirectly aids or abets the |
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320 | 320 | | practice of medicine by a person, partnership, association, or |
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321 | 321 | | corporation that is not licensed to practice medicine by the board; |
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322 | 322 | | (17) [(18) performs an abortion on a woman who is |
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323 | 323 | | pregnant with a viable unborn child during the third trimester of |
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324 | 324 | | the pregnancy unless: |
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325 | 325 | | [(A) the abortion is necessary to prevent the |
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326 | 326 | | death of the woman; |
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327 | 327 | | [(B) the viable unborn child has a severe, |
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328 | 328 | | irreversible brain impairment; or |
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329 | 329 | | [(C) the woman is diagnosed with a significant |
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330 | 330 | | likelihood of suffering imminent severe, irreversible brain damage |
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331 | 331 | | or imminent severe, irreversible paralysis; |
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332 | 332 | | [(19) performs an abortion on an unemancipated minor |
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333 | 333 | | without the written consent of the child's parent, managing |
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334 | 334 | | conservator, or legal guardian or without a court order, as |
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335 | 335 | | provided by Section 33.003 or 33.004, Family Code, unless the |
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336 | 336 | | abortion is necessary due to a medical emergency, as defined by |
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337 | 337 | | Section 171.002, Health and Safety Code; |
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338 | 338 | | [(20) otherwise performs an abortion on an |
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339 | 339 | | unemancipated minor in violation of Chapter 33, Family Code; |
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340 | 340 | | [(21) performs or induces or attempts to perform or |
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341 | 341 | | induce an abortion in violation of Subchapter C, F, or G, Chapter |
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342 | 342 | | 171, Health and Safety Code; |
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343 | 343 | | [(22)] in complying with the procedures outlined in |
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344 | 344 | | Sections 166.045 and 166.046, Health and Safety Code, wilfully |
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345 | 345 | | fails to make a reasonable effort to transfer a patient to a |
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346 | 346 | | physician who is willing to comply with a directive; or |
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347 | 347 | | (18) [(23)] performs or delegates to another |
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348 | 348 | | individual the performance of a pelvic examination on an |
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349 | 349 | | anesthetized or unconscious patient in violation of Section |
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350 | 350 | | 167A.002, Health and Safety Code[; or |
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351 | 351 | | [(24) performs a gender transitioning or gender |
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352 | 352 | | reassignment procedure or treatment in violation of Section |
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353 | 353 | | 161.702, Health and Safety Code]. |
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354 | 354 | | ARTICLE 3. CONFORMING AMENDMENTS |
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355 | 355 | | SECTION 3.01. Section 161.006(b), Family Code, is amended |
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356 | 356 | | to read as follows: |
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357 | 357 | | (b) In this code, "abortion" has the meaning assigned by |
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358 | 358 | | Section 171.002 [245.002], Health and Safety Code. |
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359 | 359 | | SECTION 3.02. Section 266.010(a), Family Code, is amended |
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360 | 360 | | to read as follows: |
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361 | 361 | | (a) A foster child who is at least 16 years of age may |
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362 | 362 | | consent to the provision of medical care[, except as provided by |
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363 | 363 | | Chapter 33,] if the court with continuing jurisdiction determines |
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364 | 364 | | that the child has the capacity to consent to medical care. If the |
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365 | 365 | | child provides consent by signing a consent form, the form must be |
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366 | 366 | | written in language the child can understand. |
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367 | 367 | | SECTION 3.03. Section 419.909(c), Government Code, is |
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368 | 368 | | amended to read as follows: |
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369 | 369 | | (c) This section does not apply to state agency personnel |
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370 | 370 | | who conduct a life safety code survey of a building or facility in |
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371 | 371 | | connection with determining whether to issue or renew a license |
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372 | 372 | | under Chapter 142, 241, 242, 243, 244, [245,] 247, 248, 251, 252, |
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373 | 373 | | 464, 466, or 577, Health and Safety Code, or Chapter 103, Human |
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374 | 374 | | Resources Code. |
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375 | 375 | | SECTION 3.04. Section 32.046(e), Health and Safety Code, is |
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376 | 376 | | amended to read as follows: |
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377 | 377 | | (e) For purposes of this section, "postpartum depression" |
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378 | 378 | | means a disorder in which an individual [a woman] experiences |
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379 | 379 | | moderate to severe depression following a pregnancy, regardless of |
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380 | 380 | | whether the pregnancy resulted in birth, or an abortion [act] |
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381 | 381 | | defined by Section 171.002 [245.002(1)]. |
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382 | 382 | | SECTION 3.05. Section 170.001(1), Health and Safety Code, |
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383 | 383 | | is amended to read as follows: |
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384 | 384 | | (1) "Abortion" has the meaning assigned by Section |
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385 | 385 | | 171.002 [245.002]. |
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386 | 386 | | SECTION 3.06. Section 241.011, Health and Safety Code, is |
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387 | 387 | | amended to read as follows: |
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388 | 388 | | Sec. 241.011. HUMAN TRAFFICKING SIGNS REQUIRED. (a) An |
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389 | 389 | | emergency department of a hospital shall display separate signs, in |
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390 | 390 | | English and Spanish, side by side in accordance with this section in |
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391 | 391 | | each restroom and patient consulting room. The signs must include |
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392 | 392 | | the following information: |
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393 | 393 | | (1) no person, including an individual's parents, may |
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394 | 394 | | force any individual to have an abortion; |
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395 | 395 | | (2) it is illegal for a person to force an individual |
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396 | 396 | | to engage in sexual acts; |
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397 | 397 | | (3) an individual who needs help may call or text a |
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398 | 398 | | state or national organization that assists victims of human |
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399 | 399 | | trafficking and forced abortions; and |
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400 | 400 | | (4) the toll-free number of an organization described |
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401 | 401 | | by Subdivision (3) [that comply with Section 245.025 as if the |
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402 | 402 | | hospital is an abortion facility]. |
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403 | 403 | | (b) In addition to the information required under |
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404 | 404 | | Subsection (a), the sign must include the contact information for |
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405 | 405 | | reporting suspicious activity to the Department of Public Safety. |
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406 | 406 | | (c) Signs required under this section must be at least 8-1/2 |
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407 | 407 | | by 11 inches in size and displayed in a conspicuous manner clearly |
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408 | 408 | | visible to the public and employees of a hospital. The notice must |
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409 | 409 | | cover at least four-fifths of the sign. |
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410 | 410 | | (d) The executive commissioner shall adopt rules as |
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411 | 411 | | necessary to implement and enforce this section. |
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412 | 412 | | SECTION 3.07. Section 248.003, Health and Safety Code, is |
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413 | 413 | | amended to read as follows: |
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414 | 414 | | Sec. 248.003. EXEMPTIONS. This chapter does not apply to: |
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415 | 415 | | (1) a home and community support services agency |
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416 | 416 | | required to be licensed under Chapter 142; |
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417 | 417 | | (2) a person required to be licensed under Chapter 241 |
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418 | 418 | | (Texas Hospital Licensing Law); |
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419 | 419 | | (3) an institution required to be licensed under |
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420 | 420 | | Chapter 242; |
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421 | 421 | | (4) an ambulatory surgical center required to be |
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422 | 422 | | licensed under Chapter 243 (Texas Ambulatory Surgical Center |
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423 | 423 | | Licensing Act); |
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424 | 424 | | (5) a birthing center required to be licensed under |
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425 | 425 | | Chapter 244 (Texas Birthing Center Licensing Act); |
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426 | 426 | | (6) [a facility required to be licensed under Chapter |
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427 | 427 | | 245 (Texas Abortion Facility Reporting and Licensing Act); |
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428 | 428 | | [(7)] a general residential operation, foster group |
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429 | 429 | | home, foster home, and child-placing agency, for children in foster |
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430 | 430 | | care or other residential care who are under the conservatorship of |
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431 | 431 | | the Department of Family and Protective Services; or |
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432 | 432 | | (7) [(8)] a person providing medical or nursing care |
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433 | 433 | | or services under a license or permit issued under other state law. |
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434 | 434 | | ARTICLE 4. REPEALER; TRANSITIONS; CONFLICTS; EFFECTIVE DATE |
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435 | 435 | | SECTION 4.01. The following provisions are repealed: |
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436 | 436 | | (1) Section 30.022, Civil Practice and Remedies Code; |
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437 | 437 | | (2) Subchapter L, Chapter 74, Civil Practice and |
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438 | 438 | | Remedies Code; |
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439 | 439 | | (3) Section 38.063(e-1), Education Code; |
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440 | 440 | | (4) Chapter 33, Family Code; |
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441 | 441 | | (5) Section 151.002, Family Code; |
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442 | 442 | | (6) Section 311.036, Government Code; |
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443 | 443 | | (7) Chapter 2273, Government Code; |
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444 | 444 | | (8) Section 32.005, Health and Safety Code; |
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445 | 445 | | (9) Chapter 54, Health and Safety Code, as added by |
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446 | 446 | | Chapter 1033 (S.B. 24), Acts of the 88th Legislature, Regular |
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447 | 447 | | Session, 2023; |
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448 | 448 | | (10) Section 62.151(g), Health and Safety Code; |
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449 | 449 | | (11) Subchapter X, Chapter 161, Health and Safety |
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450 | 450 | | Code, as added by Chapter 335 (S.B. 14), Acts of the 88th |
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451 | 451 | | Legislature, Regular Session, 2023; |
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452 | 452 | | (12) Chapter 170A, Health and Safety Code; |
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453 | 453 | | (13) Sections 171.002(2), (3), and (4), Health and |
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454 | 454 | | Safety Code; |
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455 | 455 | | (14) Section 171.0031, Health and Safety Code; |
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456 | 456 | | (15) Section 171.004, Health and Safety Code; |
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457 | 457 | | (16) Section 171.005, Health and Safety Code; |
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458 | 458 | | (17) Section 171.006, Health and Safety Code, as added |
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459 | 459 | | by Chapter 4 (H.B. 13), Acts of the 85th Legislature, First Called |
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460 | 460 | | Session, 2017; |
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461 | 461 | | (18) Section 171.006, Health and Safety Code, as added |
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462 | 462 | | by Chapter 9 (H.B. 215), Acts of the 85th Legislature, First Called |
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463 | 463 | | Session, 2017; |
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464 | 464 | | (19) Section 171.008, Health and Safety Code; |
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465 | 465 | | (20) Section 171.012, Health and Safety Code; |
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466 | 466 | | (21) Section 171.0121, Health and Safety Code; |
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467 | 467 | | (22) Section 171.0122, Health and Safety Code; |
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468 | 468 | | (23) Section 171.0123, Health and Safety Code; |
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469 | 469 | | (24) Section 171.0124, Health and Safety Code; |
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470 | 470 | | (25) Section 171.013, Health and Safety Code; |
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471 | 471 | | (26) Section 171.014, Health and Safety Code; |
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472 | 472 | | (27) Section 171.015, Health and Safety Code; |
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473 | 473 | | (28) Section 171.016, Health and Safety Code; |
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474 | 474 | | (29) Section 171.017, Health and Safety Code; |
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475 | 475 | | (30) Section 171.018, Health and Safety Code; |
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476 | 476 | | (31) Subchapters C, D, E, F, G, and H, Chapter 171, |
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477 | 477 | | Health and Safety Code; |
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478 | 478 | | (32) Section 241.007, Health and Safety Code; |
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479 | 479 | | (33) Section 243.017, Health and Safety Code; |
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480 | 480 | | (34) Chapter 245, Health and Safety Code; |
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481 | 481 | | (35) Section 285.202, Health and Safety Code; |
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482 | 482 | | (36) Chapter 697, Health and Safety Code; |
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483 | 483 | | (37) Section 32.024(c-1), Human Resources Code; |
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484 | 484 | | (38) Section 32.024(pp), Human Resources Code, as |
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485 | 485 | | added by Chapter 335 (S.B. 14), Acts of the 88th Legislature, |
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486 | 486 | | Regular Session, 2023; |
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487 | 487 | | (39) Section 1218.003, Insurance Code; |
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488 | 488 | | (40) Section 1218.005, Insurance Code; |
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489 | 489 | | (41) Section 1218.006, Insurance Code; |
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490 | 490 | | (42) Subtitle M, Title 8, Insurance Code; |
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491 | 491 | | (43) Chapter 103, Occupations Code; |
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492 | 492 | | (44) Section 111.005(c), Occupations Code; |
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493 | 493 | | (45) Section 164.055, Occupations Code; |
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494 | 494 | | (46) Section 164.0551, Occupations Code; |
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495 | 495 | | (47) Section 164.0552, Occupations Code; |
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496 | 496 | | (48) Section 9.35, Penal Code; and |
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497 | 497 | | (49) Chapter 6-1/2, Title 71, Revised Statutes. |
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498 | 498 | | SECTION 4.02. If before implementing any provision of this |
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499 | 499 | | Act a state agency determines that a waiver or authorization from a |
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500 | 500 | | federal agency is necessary for implementation of that provision, |
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501 | 501 | | the agency affected by the provision shall request the waiver or |
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502 | 502 | | authorization and may delay implementing that provision until the |
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503 | 503 | | waiver or authorization is granted. |
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504 | 504 | | SECTION 4.03. (a) Section 32.351, Human Resources Code, as |
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505 | 505 | | added by this Act, applies only to an initial determination or |
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506 | 506 | | recertification of eligibility of an individual for medical |
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507 | 507 | | assistance under Chapter 32, Human Resources Code, made on or after |
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508 | 508 | | the date the section is implemented, regardless of the date the |
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509 | 509 | | individual applied for that assistance. |
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510 | 510 | | (b) As soon as possible after the effective date of this |
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511 | 511 | | Act, the executive commissioner of the Health and Human Services |
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512 | 512 | | Commission shall take all necessary actions to expand eligibility |
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513 | 513 | | for medical assistance under Chapter 32, Human Resources Code, in |
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514 | 514 | | accordance with Section 32.351, Human Resources Code, as added by |
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515 | 515 | | this Act, including notifying appropriate federal agencies of that |
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516 | 516 | | expanded eligibility. |
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517 | 517 | | SECTION 4.04. Chapter 1218, Insurance Code, as amended by |
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518 | 518 | | this Act, applies only to a health benefit plan delivered, issued |
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519 | 519 | | for delivery, or renewed on or after January 1, 2026. A health |
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520 | 520 | | benefit plan delivered, issued for delivery, or renewed before |
---|
521 | 521 | | January 1, 2026, is governed by the law as it existed immediately |
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522 | 522 | | before the effective date of this Act, and that law is continued in |
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523 | 523 | | effect for that purpose. |
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524 | 524 | | SECTION 4.05. The changes in law made by this Act apply only |
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525 | 525 | | to health care services provided on or after the effective date of |
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526 | 526 | | this Act. Health care services provided before the effective date |
---|
527 | 527 | | of this Act are governed by the law applicable to those services |
---|
528 | 528 | | immediately before the effective date of this Act, and that law is |
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529 | 529 | | continued in effect for that purpose. |
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530 | 530 | | SECTION 4.06. To the extent of any conflict, this Act |
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531 | 531 | | prevails over another Act of the 89th Legislature, Regular Session, |
---|
532 | 532 | | 2025, relating to nonsubstantive additions to and corrections in |
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533 | 533 | | enacted codes. |
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534 | 534 | | SECTION 4.07. This Act takes effect September 1, 2025. |
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