SB2768 - Relating to certain health care services, increasing access to health care, and repealing or replacing medically unnecessary and outdated health care restrictions.

      By: Cook, Eckhardt S.B. No. 2768               A BILL TO BE ENTITLED   AN ACT   relating to certain health care services, increasing access to   health care, and repealing or replacing medically unnecessary and   outdated health care restrictions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. GENERAL PROVISIONS          SECTION 1.01.  This Act may be cited as the Health Freedom   for Texans Act.          SECTION 1.02.  The legislature finds that:                (1)  comprehensive reproductive health care, including   safe abortion care and health care services for transgender and   gender-nonconforming persons, is a vital component of a person's   overall health and of their social and economic equality;                (2)  abortion is one of the safest medical procedures   in the United States, as demonstrated by available data, including   from the Centers for Disease Control and Prevention, showing   abortion has a more than 99 percent safety record;                (3)  any regulation of medical care must have a   legitimate and verifiable purpose and advance the goals of   improving the quality of care and increasing access to care;                (4)  according to the American College of Obstetricians   and Gynecologists, American Medical Association, American Academy   of Family Physicians, and American Osteopathic Association,   "access to high-quality, evidence-based abortion care should not be   limited by laws enacted under the guise of patient safety but that,   in fact, [cause] harm"; and                (5)  the almost complete abortion ban and the onerous   restrictions enacted in this state based on pretextual reasons are   a systematic attempt to eliminate access to safe and necessary   medical care.   ARTICLE 2. INCREASING ACCESS TO HEALTH CARE          SECTION 2.01.  Section 32.003, Family Code, is amended by   amending Subsection (a) and adding Subsection (g) 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 ; or                 (8)     consents to a contraception-related examination   or medical treatment [ , unless the treatment would constitute a   prohibited practice under Section 164.052(a)(19), Occupations   Code ].           (g)     In this section, "contraception" means any reversible   method of preventing pregnancy that is approved by the United   States Food and Drug Administration.          SECTION 2.02.  Section 501.065, Government Code, is amended   to read as follows:          Sec. 501.065.  CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,   AND SURGICAL TREATMENT. An inmate who is younger than 18 years of   age and is confined in a facility operated by or under contract with   the department may, in accordance with procedures established by   the department, consent to medical, dental, psychological, and   surgical treatment for the inmate by a licensed health care   practitioner, or a person under the direction of a licensed health   care practitioner[ , unless the treatment would constitute a   prohibited practice under Section 164.052(a)(19), Occupations   Code ].          SECTION 2.03.  Section 62.151, Health and Safety Code, is   amended by amending Subsection (c) and adding Subsections (h) and   (i) to read as follows:          (c)  In modifying the plan, the executive commissioner shall   ensure that primary and preventive health benefits [ do not ] include   reproductive services, such as contraception, abortion services,   [ other than ] prenatal care , and care related to diseases,   illnesses, or abnormalities related to the reproductive system.           (h)     Subject to Subsection (i), the child health plan must   provide as covered benefits prescription contraceptive drugs or   devices approved by the United States Food and Drug Administration.           (i)     The child health plan shall provide as covered benefits   prescription contraceptive drugs or devices for an enrolled child   17 years of age or younger for the purpose of primary and preventive   reproductive health care if the prescribing health care provider   receives written consent for the prescription from:                 (1)     the enrolled child's parent, guardian, or managing   conservator; or                 (2)     the enrolled child or other adult if authorized   under Section 32.001 or 32.003, Family Code, for the prescription   or dispensing of the contraceptive drug or device.          SECTION 2.04.  Section 171.002(1), Health and Safety Code,   is amended to read as follows:                (1)  "Abortion" means an act or procedure performed   after pregnancy has been medically verified and with the intent to   cause the termination of a pregnancy other than for the purpose of   either the birth of a live fetus or the removal of a dead fetus. The   term does not include birth control devices or oral contraceptives   [ has the meaning assigned by Section 245.002 ].          SECTION 2.05.  Subtitle H, Title 2, Health and Safety Code,   is amended by adding Chapter 174 to read as follows:   CHAPTER 174. REPRODUCTIVE AUTONOMY           Sec.   174.001.     INTERNET WEBSITE ON REPRODUCTIVE RIGHTS AND   RELATED RESOURCES. (a) The commission shall develop and maintain a   web page on the commission's Internet website with information on   the rights of an individual in this state to:                 (1)     obtain an abortion or related health care services   in this state;                 (2)     receive treatment for a miscarriage or an ectopic   pregnancy;                 (3)     access telemedicine medical services or   telehealth services for an abortion; and                 (4)  self-manage an abortion.           (b)     The information required under Subsection (a) must be   printed in each of the five most spoken languages in this state.          SECTION 2.06.  Section 32.024, Human Resources Code, is   amended by amending Subsections (e) and (l-1) to read as follows:          (e)   Except as provided by Section 32.03118, the [ The ]   commission may not authorize the provision of any service to any   person under the program unless federal matching funds are   available to pay the cost of the service.          (l-1)  The commission shall continue to provide medical   assistance to an individual [ a woman ] who is eligible for medical   assistance for pregnant individuals [ women ] for a period of not   less than 24 [ :                [ (1)     six months following the date the woman delivers   or experiences an involuntary miscarriage; and                [ (2) 12 ] months that begins on the last day of the   individual's [ woman's ] pregnancy and ends on the last day of the   month in which the 24-month [ 12-month ] period ends [ in accordance   with Section 1902(e)(16), Social Security Act (42 U.S.C. Section   1396a(e)(16)) ].          SECTION 2.07.  Subchapter B, Chapter 32, Human Resources   Code, is amended by adding Section 32.03118 to read as follows:           Sec.   32.03118.     REIMBURSEMENT FOR CERTAIN REPRODUCTIVE   HEALTH SERVICES. (a) Regardless of whether federal matching funds   are available to pay the cost of the services, the commission shall   ensure that medical assistance reimbursement is provided for the   provision of the following services to medical assistance   recipients:                 (1)  abortion services;                 (2)     forms of contraception approved by the United   States Food and Drug Administration, including the insertion and   removal of devices; and                 (3)  voluntary sterilization, including vasectomies.           (b)     The commission shall ensure that abortion,   contraception, and sterilization services are provided in   accordance with applicable state and federal law.           (c)     Notwithstanding any other law, abortion, contraception,   and sterilization services provided under the medical assistance   program may not be subject to:                 (1)     a cost-sharing requirement, including a   deductible or coinsurance;                 (2)  utilization review;                 (3)     a prior authorization or step-therapy   requirement; or                 (4)  any restrictions on or delays in coverage.          SECTION 2.08.  Chapter 32, Human Resources Code, is amended   by adding Subchapter H to read as follows:   SUBCHAPTER H. EXPANSION OF ELIGIBILITY FOR MEDICAL ASSISTANCE           Sec.   32.351.     EXPANDED ELIGIBILITY FOR MEDICAL ASSISTANCE   UNDER PATIENT PROTECTION AND AFFORDABLE CARE ACT. (a)   Notwithstanding any other law, the commission shall provide medical   assistance to all individuals who apply for that assistance and for   whom federal matching funds are available under the Patient   Protection and Affordable Care Act (Pub. L. No. &#x [Text truncated for display. Full text available on LegiScan.]