Bill Text: TX HB2235 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to HIV and AIDS tests.
Spectrum: Moderate Partisan Bill (Democrat 61-11)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Health & Human Services [HB2235 Detail]
Download: Texas-2023-HB2235-Engrossed.html
| 88R22123 KKR-F | ||
| By: Jones of Dallas, Oliverson, Rose, | H.B. No. 2235 | |
| Anderson, Wu, et al. | ||
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| relating to HIV and AIDS tests. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subchapter D, Chapter 85, Health | ||
| and Safety Code, is amended to read as follows: | ||
| SUBCHAPTER D. HIV TESTING, TESTING PROGRAMS, AND COUNSELING | ||
| SECTION 2. Subchapter D, Chapter 85, Health and Safety | ||
| Code, is amended by adding Section 85.0815 to read as follows: | ||
| Sec. 85.0815. OPT-OUT HIV TESTING IN CERTAIN ROUTINE | ||
| MEDICAL SCREENINGS. (a) A health care provider who takes a sample | ||
| of an individual's blood as part of a medical screening may submit | ||
| the sample for an HIV diagnostic test, regardless of whether an HIV | ||
| test is part of a primary diagnosis, unless the individual opts out | ||
| of the HIV test. | ||
| (b) Before taking a sample of an individual's blood as part | ||
| of a medical screening, a health care provider must obtain the | ||
| individual's consent for an HIV diagnostic test or inform the | ||
| individual that an HIV diagnostic test will be performed unless the | ||
| individual opts out of the HIV test. | ||
| (c) A health care provider who submits an individual's blood | ||
| for an HIV diagnostic test shall provide to each individual who | ||
| receives a positive test result information on available HIV health | ||
| services and referrals to community support programs. | ||
| (d) The executive commissioner shall adopt rules to | ||
| implement this section. In adopting rules, the executive | ||
| commissioner must consider the most recent recommendations of the | ||
| Centers for Disease Control and Prevention for HIV testing of | ||
| adults and adolescents. | ||
| SECTION 3. Section 32.024, Human Resources Code, is amended | ||
| by adding Subsection (ee) to read as follows: | ||
| (ee) The executive commissioner shall adopt rules to | ||
| require the commission to provide an HIV test in accordance with | ||
| Section 85.0815, Health and Safety Code, to an individual who | ||
| receives medical assistance. | ||
| SECTION 4. If before implementing the change in law made by | ||
| Section 32.024(ee), Human Resources Code, as added by this Act, a | ||
| state agency determines that a waiver or authorization from a | ||
| federal agency is necessary for implementation of that change in | ||
| law, the agency affected by the change in law shall request the | ||
| waiver or authorization and may delay implementing that change in | ||
| law until the waiver or authorization is granted. | ||
| SECTION 5. (a) The executive commissioner of the Health | ||
| and Human Services Commission shall adopt the rules required by | ||
| Section 85.0815, Health and Safety Code, as added by this Act, and | ||
| Section 32.024(ee), Human Resources Code, as added by this Act, not | ||
| later than January 1, 2024. | ||
| (b) Notwithstanding Section 85.0815, Health and Safety | ||
| Code, as added by this Act, a health care provider is not required | ||
| to comply with that section until January 1, 2024. | ||
| SECTION 6. (a) Notwithstanding any other section of this | ||
| Act, in a state fiscal year, the Health and Human Services | ||
| Commission is not required to implement a mandatory provision in | ||
| another section of this Act imposing a duty on the commission to | ||
| take an action unless money is specifically appropriated to the | ||
| commission for that fiscal year to carry out that duty. The | ||
| commission may implement the provision in that fiscal year to the | ||
| extent other funding is available to the commission for the | ||
| implementation. | ||
| (b) If, as authorized by Subsection (a) of this section, the | ||
| Health and Human Services Commission does not implement the | ||
| mandatory provision in a state fiscal year, the commission, in the | ||
| commission's legislative budget request for the next state fiscal | ||
| biennium, shall certify that fact to the Legislative Budget Board | ||
| and include a written estimate of the costs of implementing the | ||
| provision in each year of that next state fiscal biennium. | ||
| (c) This section expires and any duty suspended by | ||
| Subsection (a) of this section becomes mandatory on September 1, | ||
| 2027. | ||
| SECTION 7. This Act takes effect September 1, 2023. | ||
