The department may provide program services, and the executive commissioner may adopt rules and set fees, but services cannot be denied because a person cannot pay the fees.
Sec. 33.032. PROGRAM SERVICES. (a) Within the limits of funds available for this purpose and in cooperation with the individual's physician, the department may provide services directly or through approved providers to individuals of any age who meet the eligibility criteria specified by department rules on the confirmation of a positive test for Duchenne muscular dystrophy, phenylketonuria, other heritable diseases, hypothyroidism, or another disorder for which the screening tests are required. (b) The executive commissioner may adopt: (1) rules specifying the type, amount, and duration of program services to be offered; (2) rules establishing the criteria for eligibility for services, including the medical and financial criteria; (3) rules establishing the procedures necessary to determine the medical, financial, and other eligibility of the individual; (4) substantive and procedural rules for applying for program services and processing those applications; (5) rules for providing services according to a sliding scale of financial eligibility; (6) substantive and procedural rules for the denial, modification, suspension, and revocation of an individual's approval to receive services; and (7) substantive and procedural rules for the approval of providers to furnish program services. (c) The department may select providers according to the criteria in the department's rules. (d) The executive commissioner by rule may establish fees to be collected by the department for the provision of services, except that services may not be denied to an individual because of the individual's inability to pay the fees. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991. Amended by: Acts 2005, 79th Leg., Ch. 940 (H.B. 790), Sec. 6, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0105, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 50 (S.B. 1044), Sec. 7, eff. September 1, 2025.