82R5329 SJM-D
  By: Deuell S.B. No. 1854
  relating to the women's health program.
         SECTION 1.  Section 32.0248, Human Resources Code, is
  amended to read as follows:
  PROGRAM [CARE SERVICES].  (a)  In this section:
               (1)  "Family planning" means establishing objectives
  for the number and spacing of a person's children and selecting from
  the following methods to limit or enhance fertility to achieve
  those objectives:
                     (A)  abstinence;
                     (B)  contraception; and
                     (C)  adoption.
               (2)  "Prenatal care" means medical services provided to
  a pregnant woman to promote maternal and fetal health.
               (3)  "Program" means the women's health program
  provided under this section.
         (a-1)  The department shall provide [establish] a women's
  health program [five-year demonstration project] through the
  medical assistance program to expand access to comprehensive
  primary and preventive health care and family planning services for
  women. A woman eligible under Subsection (b) to participate in the
  program [demonstration project] may receive appropriate
  comprehensive primary and preventive health care and family
  planning services, including:
               (1)  medical history recording and evaluation;
               (2)  physical examinations;
               (3)  health screenings, including screening for:
                     (A)  diabetes;
                     (B)  cervical cancer;
                     (C)  breast cancer;
                     (D)  sexually transmitted diseases;
                     (E)  hypertension;
                     (F)  cholesterol; and
                     (G)  tuberculosis;
               (4)  counseling and education on contraceptive methods
  emphasizing the health benefits of abstinence from sexual activity
  to recipients who are not married, except for counseling and
  education regarding emergency contraception;
               (5)  provision of contraceptives, except for the
  provision of emergency contraception;
               (6)  risk assessment; [and]
               (7)  referral of medical problems to appropriate
  providers that are entities or organizations that do not perform or
  promote elective abortions or contract or affiliate with entities
  that perform or promote elective abortions; and
               (8)  prenatal care.
         (b)  A woman is eligible to participate in the program
  [demonstration project] if the woman is at least 18 years of age
               (1)  has a net family income that is at or below 185
  percent of the federal poverty level;
               (2)  participates in or receives benefits under any of
  the following:
                     (A)  the medical assistance program;
                     (B)  the financial assistance program under
  Chapter 31;
                     (C)  the nutritional assistance program under
  Chapter 33;
                     (D)  the Supplemental Food Program for Women,
  Infants and Children; or
                     (E)  another program administered by the state
                           (i)  requires documentation of income; and
                           (ii)  restricts eligibility to persons with
  income equal to or less than the income eligibility guidelines
  applicable to the medical assistance program;
               (3)  is presumed eligible for one of the programs
  listed in Subdivision (2) pending completion of that program's
  eligibility process; or
               (4)  is a member of a family that contains at least one
  person who participates in or receives benefits under one of the
  programs listed in Subdivision (2).
         (c)  The department shall ensure that the standards of care
  provided to a woman participating in the program [demonstration
  project] are consistent with the requirements of law and current
  best practices for provision of public health services.
         (d)  The department shall develop procedures for determining
  and certifying eligibility for services under the program
  [demonstration project] at the point of service delivery using
  integrated procedures that minimize duplication of effort by
  providers, the department, and other state agencies. The
  department may not use a procedure that would require a cost in
  excess of 10 percent of the total costs of actual comprehensive
  primary and preventive health care and family planning services
  provided under the program [demonstration project]. The
  eligibility procedure may provide for expedited determination and
  certification using a simplified form requiring only family income
  and family size.
         (e)  The department shall compile a list of potential funding
  sources a woman participating in the program [demonstration
  project] may be able to use to help pay for treatment for health
               (1)  identified using services provided under the
  program [demonstration project]; and
               (2)  for which the woman is not eligible to receive
  treatment under the program or otherwise under the medical
  assistance program [or the demonstration project].
         (f)  Providers of services under the program [demonstration
  project] shall comply with requests made by the department for
  information necessary for the department to:
               (1)  make efficient use of money spent for the
  operation and administration of the program [demonstration
               (2)  report and provide information required by federal
  law; and
               (3)  compile the report required by Subsection (g).
         (g)  Not later than December 1 of each even-numbered year,
  the department shall submit a report to the legislature regarding
  the department's operation of [progress in establishing and
  operating] the program [demonstration project].
         (h)  The department shall ensure the money spent under the
  program [demonstration project], regardless of the funding source,
  is not used to perform or promote elective abortions. The
  department, for the purpose of the program [demonstration project],
  may not contract with entities that perform or promote elective
  abortions or are affiliates of entities that perform or promote
  elective abortions.
         [(i)  This section expires September 1, 2011.]
         SECTION 2.  If before implementing Section 32.0248, Human
  Resources Code, as amended by this Act, a state agency determines
  that an amendment to the existing waiver or other authorization is
  necessary to extend the operation of the women's health program
  under that section as amended, the agency affected by the provision
  shall request the amendment to the waiver or authorization and may
  delay implementing that section until the amendment or other
  authorization is granted.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect August 31, 2011.