BILL ANALYSIS C.S.S.B. 1229 By: Zaffirini Health and Human Services 4-5-95 Committee Report (Substituted) BACKGROUND Federal law grants the Texas Department of Health, as the agency administering the federal Title V (Maternal and Child Health block grant), broader authority and responsibility than does state law. Under Title V, the department is responsible for needs assessment, fund distribution, quality assurance, coordination of services, infrastructure development, and other activities as they relate to preventive and primary care services for pregnant women, infants, children, and adolescents. PURPOSE As proposed, C.S.S.B. 1229 authorizes the Texas Board of Health to implement voluntary perinatal health care systems within the state. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Board of Health under SECTION 7 (Sections 32.042 and 32.045, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 32.001-32.021, Health and Safety Code, by designating them as Subchapter A, as follows: SUBCHAPTER A. PROGRAM FOR WOMEN AND CHILDREN SECTION 2. Amends Section 32.002(a), Health and Safety Code, to redefine "facility," "infant care," "maternal and infant health improvement services," "medical assistance program," and "perinatal care." Defines "postpartum care" and "preconceptional care." SECTION 3. Amends Section 32.003(f), Health and Safety Code, to make a nonsubstantive change. SECTION 4. Amends Section 32.011, Health and Safety Code, to make conforming and nonsubstantive changes. SECTION 5. Amends Section 32.012(c), Health and Safety Code, to require an individual requesting or receiving services, when a determination of eligibility to receive maternal and infant health improvement services is made or the services are received, to inform the Texas Department of Health (department) of certain benefits. SECTION 6. Amends Section 32.015(c), Health and Safety Code, to delete the provision exempting the department from the requirement to provide maternal and infant health improvement services unless funds are appropriated to the Texas Department of Human Services to administer this chapter. SECTION 7. Amends Chapter 32, Health and Safety Code, by adding Subchapter B, as follows: SUBCHAPTER B. PERINATAL HEALTH CARE SYSTEM Sec. 32.041. LEGISLATIVE FINDINGS. Sets forth the findings of the legislature concerning perinatal health care. Sec. 32.042. DUTIES OF BOARD; RULES. (a) Requires the Texas Board of Health (board), by rule, to adopt standards and objectives to implement voluntary perinatal health care systems, and policies for health promotion and education, risk assessment, access to care, and perinatal system structure. (b) Requires the rules to reflect all geographic areas of the state, provide specific requirements for appropriate care of perinatal patients, and to facilitate coordination among all perinatal service providers and health care facilities in the delivery area. (c) Requires the rules to include certain items. Sec. 32.043. DUTIES OF DEPARTMENT. Requires the department to develop and monitor a statewide network of voluntary perinatal health care systems, develop and maintain a perinatal reporting and analysis system to monitor and evaluate perinatal patient care in the state's perinatal health care systems, and provide for coordination and cooperation in this state and in conjunction with adjoining states. Sec. 32.044. SYSTEM REQUIREMENTS. (a) Requires each voluntary perinatal health care system to have certain information. (b) Provides that this subchapter does not prohibit a health care facility from providing services as authorized by the department. Sec. 32.045. GRANT PROGRAM. (a) Authorizes the department to establish a program to award grants to initiate, expand, maintain, and improve voluntary perinatal health care systems. (b) Requires the board, by rule, to establish eligibility criteria for awarding the grants. Require the rules to make certain considerations. (c) Authorizes the department to approve grants according to the rules adopted by the board. Provides that a grant awarded under this section is governed by Chapter 783, Government Code, and rules adopted under that chapter. SECTION 8. Repealer: Sections 32.004, 32.007-010, 32.019, 32.020, Health and Safety Code (Program Services - Provision of Program Services by Department - Service Providers - Individual Referral and Application for Services - Eligibility for Services - Memorandum of Understanding - Maternal and Child Health Advisory Committee). SECTION 9. Effective date: September 1, 1995. SECTION 10. Emergency clause.