| (a) Legislative intent. The Texas Legislature, in enacting
Texas Human Resources Code §32.024(c-1), confirmed its intent
that the Healthy Texas Women program, as successor to the Medicaid
Women's Health Program, must be operated only in a manner that ensures
that no funds spent under the program are:
(1) spent to perform or promote elective abortions;
or
(2) used to contract with entities that perform or
promote elective abortions or affiliates of such entities.
(b) Limitation on administration. HHSC, as the agency
responsible for administering HTW, is subject to the conditions specified
in Texas Human Resources Code §32.024(c-1). Its authority to
operate the program is thus strictly limited, and HHSC has no authority
to operate the HTW program except in compliance with such conditions.
(c) Nonseverable provisions.
(1) Section 382.5(1) of this subchapter (relating to
Definitions) and §382.17 of this subchapter (relating to Health
Care Providers) are necessary and integral to the implementation of
the requirements of Texas Human Resources Code §32.024(c-1),
the fulfillment of legislative intent, and the achievement of the
objectives of HTW. As such, HHSC regards the provisions and application
of these sections as essential aspects of HHSC's compliance with state
law and, therefore, not severable from the other provisions of this
subchapter.
(2) Accordingly, to the extent that §382.5(1),
§382.17, or this section is determined by a court of competent
jurisdiction to be unconstitutional or unenforceable, or to the degree
an official or employee of HHSC or the State of Texas is enjoined
from enforcing these sections, HHSC will regard this entire subchapter
as invalid and unenforceable and will cease operation of the program.
(d) Severable provisions. To the extent that any part
of this subchapter other than §382.5(1), §382.17, or this
section are enjoined, HHSC may enforce the parts of the subchapter
not affected by such injunctive relief to the extent that HHSC determines
it can do so consistent with legislative intent and the objectives
of this subchapter.
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