Texas Register

TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 39PRIMARY HEALTH CARE SERVICES PROGRAM
SUBCHAPTER BTEXAS WOMEN'S HEALTH PROGRAM
RULE §39.31Introduction
ISSUE 10/26/2012
ACTION Final/Adopted
Preamble Texas Admin Code Rule

(a)Governing rules. Notwithstanding any contrary provision in Subchapter A of this chapter, this subchapter sets out rules governing the administration of the Texas Women's Health Program (TWHP) within the DSHS's Primary Health Care Services Program.

(b)Authority. This subchapter is authorized generally by Health and Safety Code, §12.001 and §1001.071, and more specifically by Health and Safety Code, §31.002(a)(4)(C) and (H), §31.003, and §31.004, under which DSHS may establish a program providing primary health care services, including family planning services and health screenings, and to adopt rules governing the type of services to be provided, the eligibility of recipients, and administration of the program.

(c)Objectives. As reflected in several enactments of the Texas Legislature (including, but not limited to, Human Resources Code, §32.024(c-1)), the TWHP is established to achieve the following overarching objectives:

  (1)to implement the state policy to favor childbirth and family planning services that do not include elective abortion or the promotion of elective abortion within the continuum of care or services;

  (2)to ensure the efficient and effective use of state funds in support of these objectives and to avoid the direct or indirect use of state funds to promote or support elective abortion;

  (3)to reduce the overall cost of publicly-funded health care (including federally-funded health care) by providing low-income Texans access to safe, effective services that are consistent with these objectives; and

  (4)to the extent permitted by the Constitution of the United States and in addition to the restrictions imposed by this subchapter, to enforce Human Resources Code, §32.024(c-1), and any other state law that regulates delivery of non-federally funded family planning services.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on October 12, 2012

TRD-201205342

Lisa Hernandez

General Counsel

Department of State Health Services

Effective date: November 1, 2012

Proposal publication date: July 6, 2012

For further information, please call: (512) 776-6972



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