85R8758 KKR-D     By: Garcia S.B. No. 1161       A BILL TO BE ENTITLED   AN ACT   relating to access to certain preventive health and family planning   services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 32.003(a), Family Code, is amended to   read as follows:          (a)  A child may consent to medical, dental, psychological,   and surgical treatment for the child by a licensed physician or   dentist if the child:                (1)  is on active duty with the armed services of the   United States of America;                (2)  is:                      (A)  16 years of age or older and resides separate   and apart from the child's parents, managing conservator, or   guardian, with or without the consent of the parents, managing   conservator, or guardian and regardless of the duration of the   residence; and                      (B)  managing the child's own financial affairs,   regardless of the source of the income;                (3)  consents to the diagnosis and treatment of an   infectious, contagious, or communicable disease that is required by   law or a rule to be reported by the licensed physician or dentist to   a local health officer or the [Texas] Department of State Health   Services, including all diseases within the scope of Section   81.041, Health and Safety Code;                (4)  is unmarried and pregnant and consents to   hospital, medical, or surgical treatment, other than abortion,   related to the pregnancy;                (5)  consents to examination and treatment for drug or   chemical addiction, drug or chemical dependency, or any other   condition directly related to drug or chemical use;                (6)  is unmarried, is the parent of a child, and has   actual custody of the [his or her] child and consents to medical,   dental, psychological, or surgical treatment for the child; [or]                (7)  is serving a term of confinement in a facility   operated by or under contract with the Texas Department of Criminal   Justice, unless the treatment would constitute a prohibited   practice under Section 164.052(a)(19), Occupations Code; or                (8)  is the mother of a child and consents to   examination or medical treatment, other than abortion, related to   family planning.          SECTION 2.  Subtitle B, Title 2, Health and Safety Code, is   amended by adding Chapter 50 to read as follows:   CHAPTER 50. ACCESS TO FAMILY PLANNING          Sec. 50.001.  AGE OF ELIGIBILITY. A minor who does not meet   the age requirement for eligibility for a program administered by   this state that provides family planning services is entitled to   receive family planning services from that program if the minor:                (1)  meets all other eligibility criteria for that   program; and                (2)  is the mother of a child.          Sec. 50.002.  CONSENT. (a)  A minor described by Section   50.001 may consent to family planning services provided by a   program administered by this state.          (b)  A state program providing family planning services may   not require the consent of the minor's parent or guardian as a   condition for providing family planning services to a minor   described by Section 50.001.          SECTION 3.  Subchapter B, Chapter 32, Human Resources Code,   is amended by adding Section 32.02491 to read as follows:          Sec. 32.02491.  AUTOMATIC ENROLLMENT OF CERTAIN WOMEN IN   TEXAS WOMEN'S HEALTH PROGRAM. (a) In this section, "Texas women's   health program" means a program operated by the commission that is   substantially similar to the demonstration project operated by the   Department of State Health Services under former Section 32.0248   and that is intended to expand access to preventive health and   family planning services for women in this state.          (b)  The commission shall automatically enroll a woman in the   Texas women's health program following a pregnancy for which the   woman received benefits through the medical assistance program if   she:                (1)  is younger than 20 years of age; and                (2)  is no longer eligible to participate in the   medical assistance program.          (c)  Notwithstanding any other law, a woman younger than 18   years of age who is enrolled in the Texas women's health program   under Subsection (b) may consent to family planning services   provided through the Texas women's health program, and a provider   under the Texas women's health program may not require the consent   of the woman's parent or guardian as a condition for providing   family planning services to the woman.          (d)  To the extent possible, the commission shall modify   applicable administrative  procedures to ensure that a woman   described by Subsection (b) maintains continuous eligibility for   any services provided by both the medical assistance program and   the Texas women's health program during the transition from   participation in the medical assistance program to participation in   the Texas women's health program.          (e)  The executive commissioner shall adopt rules necessary   to implement this section.          SECTION 4.  If before implementing any provision of this Act   a state agency determines that a waiver or authorization from a   federal agency is necessary for implementation of that provision,   the agency affected by the provision shall request the waiver or   authorization and may delay implementing that provision until the   waiver or authorization is granted.          SECTION 5.  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 September 1, 2017.