1-1  By:  Zaffirini                                        S.B. No. 1229
    1-2        (In the Senate - Filed March 10, 1995; March 16, 1995, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  April 5, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; April 5, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1229               By:  Zaffirini
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the Maternal and Infant Health Improvement Act and to
   1-11  the development of a perinatal health care system.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Sections 32.001 through 32.021, Health and Safety
   1-14  Code, are designated as Subchapter A and a new heading is added to
   1-15  read as follows:
   1-16             SUBCHAPTER A.  PROGRAM FOR WOMEN AND CHILDREN
   1-17        SECTION 2.  Subsection (a), Section 32.002, Health and Safety
   1-18  Code, is amended to read as follows:
   1-19        (a)  In this chapter:
   1-20              (1)  "Adolescent" means an individual younger than 18
   1-21  years of age.
   1-22              (2)  "Ancillary services" means services necessary to
   1-23  obtain timely, effective, and appropriate maternal and infant
   1-24  health improvement services, and includes prescription drugs,
   1-25  medical social services, transportation, health promotion services,
   1-26  and laboratory services.
   1-27              (3)  "Facility" includes a hospital, <ambulatory
   1-28  surgical center,> public health clinic, birthing center, outpatient
   1-29  clinic, or community health center.
   1-30              (4)  "Infant care" means maternal and infant health
   1-31  improvement services and ancillary services appropriate for an
   1-32  individual from birth to 12 months of age <or younger>.
   1-33              (5)  "Intrapartum care" means maternal and infant
   1-34  health improvement services and ancillary services appropriate for
   1-35  a woman, fetus, or infant during childbirth.
   1-36              (6)  "Maternal and infant health improvement services"
   1-37  means services necessary to assure quality health care for women
   1-38  and children <prevent or reduce the occurrence of maternal, fetal,
   1-39  and infant deaths, low birth-weight infants, handicapping
   1-40  conditions, unplanned adolescent pregnancies, and births without
   1-41  appropriate intrapartum care, and includes preventive, health,
   1-42  medical, assessment, nursing, and facility care services>.
   1-43              (7)  "Medical assistance program" means the program
   1-44  administered by the single state agency under Title XIX of the
   1-45  Social Security Act (42 U.S.C. Section 1396 et seq.) <Texas
   1-46  Department of Human Services under Chapter 32, Human Resources
   1-47  Code>.
   1-48              (8)  "Other benefit" means a benefit, other than a
   1-49  benefit provided under this chapter, to which an individual is
   1-50  entitled for payment of the costs of maternal and infant health
   1-51  improvement services, ancillary services, educational services, or
   1-52  transportation services, including benefits available from:
   1-53                    (A)  an insurance policy, group health plan, or
   1-54  prepaid medical care plan;
   1-55                    (B)  Title XVIII of the Social Security Act (42
   1-56  U.S.C. Section 1395 et seq.);
   1-57                    (C)  the Veterans Administration;
   1-58                    (D)  the Civilian Health and Medical Program of
   1-59  the Uniformed Services;
   1-60                    (E)  workers' compensation or any other
   1-61  compulsory employers' insurance program;
   1-62                    (F)  a public program created by federal or state
   1-63  law, other than Title XIX of the Social Security Act (42 U.S.C.
   1-64  Section 1396 et seq.), or by an ordinance or rule of a municipality
   1-65  or political subdivision of the state, excluding benefits created
   1-66  by the establishment of a municipal or county hospital, a joint
   1-67  municipal-county hospital, a county hospital authority, a hospital
   1-68  district, or the facilities of a publicly supported medical school;
    2-1  or
    2-2                    (G)  a cause of action for medical, facility, or
    2-3  medical transportation expenses, or a settlement or judgment based
    2-4  on the cause of action, if the expenses are related to the need for
    2-5  services provided under this chapter.
    2-6              (9)  "Perinatal care" means maternal and infant health
    2-7  improvement services and ancillary services that are appropriate
    2-8  for women and infants during the perinatal period, which begins
    2-9  before conception and ends on the infant's first birthday <a
   2-10  pregnant woman and the fetus during the period beginning on the
   2-11  20th complete week of gestation and ending on the infant's 28th
   2-12  completed day of life>.
   2-13              (10)  "Postpartum care" means maternal and infant
   2-14  health improvement services and ancillary services appropriate for
   2-15  a woman following a pregnancy.
   2-16              (11)  "Preconceptional care" means maternal and infant
   2-17  health improvement services and ancillary services appropriate for
   2-18  a woman before conception that are provided with the intent of
   2-19  planning and reducing health risks that might adversely affect her
   2-20  pregnancies.
   2-21              (12)  "Prenatal care" means maternal and infant health
   2-22  improvement services and ancillary services that are appropriate
   2-23  for a pregnant woman and the fetus during the period beginning on
   2-24  the date of conception and ending on the commencement of labor.
   2-25              (13) <(11)>  "Program" means the maternal and infant
   2-26  health improvement services program authorized by this chapter.
   2-27              (14) <(12)>  "Provider" means a person who, through a
   2-28  grant or a contract with the department or through other means
   2-29  approved by the department, provides maternal and infant health
   2-30  improvement services and ancillary services that are purchased by
   2-31  the department for the purposes of this chapter.
   2-32              (15) <(13)>  "Support" means the contribution of money
   2-33  or services necessary for a person's maintenance, including food,
   2-34  clothing, shelter, transportation, and health care.
   2-35        SECTION 3.  Subsection (f), Section 32.003, Health and Safety
   2-36  Code, is amended to read as follows:
   2-37        (f)  If necessary, the board by rule may coordinate services
   2-38  and other parts of the program with the medical assistance program.
   2-39  However, the board may not adopt rules relating to the services
   2-40  under either program that would:
   2-41              (1)  cause the program established under this chapter
   2-42  not to conform with federal law to the extent that federal matching
   2-43  funds would not be available; or
   2-44              (2)  affect the status of the <Texas Department of
   2-45  Human Services as the> single state agency to administer the
   2-46  medical assistance program.
   2-47        SECTION 4.  Section 32.011, Health and Safety Code, is
   2-48  amended to read as follows:
   2-49        Sec. 32.011.  Denial, Modification, Suspension, or
   2-50  Termination of Services.  (a)  <The department may, for cause, deny
   2-51  an application for services after notice to the applicant and an
   2-52  opportunity for a hearing.>
   2-53        <(b)>  The department may, for cause, deny, modify, suspend,
   2-54  or terminate services to an individual eligible for or receiving
   2-55  services after notice to the individual and an opportunity for a
   2-56  hearing.
   2-57        (b) <(c)>  The board by rule shall provide criteria for
   2-58  action by the department under this section.
   2-59        (c)  Chapter 2001, Government Code, does <(d)  Sections
   2-60  12-20, Administrative Procedure and Texas Register Act (Article
   2-61  6252-13a, Vernon's Texas Civil Statutes), do> not apply to the
   2-62  granting, denial, modification, suspension, or termination of
   2-63  services.  The department shall conduct hearings in accordance with
   2-64  the board's due process hearing rules.
   2-65        (d) <(e)>  The department shall render the final
   2-66  administrative decision in a due process hearing to deny, modify,
   2-67  suspend, or terminate the receipt of services.
   2-68        (e) <(f)>  The notice and hearing required by this section do
   2-69  not apply if the department restricts program services to conform
   2-70  to budgetary limitations that require the board to establish
    3-1  service priorities.
    3-2        SECTION 5.  Subsection (c), Section 32.012, Health and Safety
    3-3  Code, is amended to read as follows:
    3-4        (c)  When a determination of eligibility to receive maternal
    3-5  and infant health improvement services <the application> is made
    3-6  under this chapter or when the services are received, the
    3-7  individual requesting <applying for> or receiving services shall
    3-8  inform the department of any other benefit to which the individual
    3-9  or a person with a legal obligation to support the individual may
   3-10  be entitled.
   3-11        SECTION 6.  Subsection (c), Section 32.015, Health and Safety
   3-12  Code, is amended to read as follows:
   3-13        (c)  The department is not required to provide maternal and
   3-14  infant health improvement services unless funds are appropriated to
   3-15  the department <or to the Texas Department of Human Services> to
   3-16  administer this chapter.
   3-17        SECTION 7.  Chapter 32, Health and Safety Code, is amended by
   3-18  adding Subchapter B to read as follows:
   3-19              SUBCHAPTER B.  PERINATAL HEALTH CARE SYSTEM
   3-20        Sec. 32.041.  LEGISLATIVE FINDINGS. (a)  The legislature
   3-21  finds that the perinatal period beginning before conception and
   3-22  continuing through the first year of life poses unique challenges
   3-23  for the health care system.  The development of a coordinated,
   3-24  cooperative system of perinatal health care within a geographic
   3-25  area will reduce unnecessary mortality and morbidity for women and
   3-26  infants.
   3-27        (b)  In order to improve the health of women and infants, it
   3-28  is necessary to promote health education, to provide assurance of
   3-29  reasonable access to safe and appropriate perinatal services, and
   3-30  to improve the quality of perinatal care by encouraging optimal use
   3-31  of health care personnel.
   3-32        Sec. 32.042.  DUTIES OF BOARD; RULES.  (a)  The board by rule
   3-33  shall adopt:
   3-34              (1)  minimum standards and objectives to implement
   3-35  voluntary perinatal health care systems; and
   3-36              (2)  policies for health promotion and education, risk
   3-37  assessment, access to care, and perinatal system structure,
   3-38  including the transfer and transportation of pregnant women and
   3-39  infants.
   3-40        (b)  The rules must:
   3-41              (1)  reflect all geographic areas of the state,
   3-42  considering time and distance;
   3-43              (2)  provide specific requirements for appropriate care
   3-44  of perinatal patients; and
   3-45              (3)  facilitate coordination among all perinatal
   3-46  service providers and health care facilities in the delivery area.
   3-47        (c)  The rules must include:
   3-48              (1)  risk reduction guidelines for preconceptional,
   3-49  prenatal, intrapartum, postpartum, and infant care, including
   3-50  guidelines for the transfer and transportation of perinatal
   3-51  patients;
   3-52              (2)  criteria for determining geographic boundaries of
   3-53  perinatal health care systems;
   3-54              (3)  minimum requirements of health promotion and
   3-55  education, risk assessment, access to care, and coordination of
   3-56  services that must be present in a perinatal health care system;
   3-57              (4)  minimum requirements for resources and equipment
   3-58  needed by a health care facility to treat perinatal patients;
   3-59              (5)  standards for the availability and qualifications
   3-60  of the health care personnel treating perinatal patients in a
   3-61  facility;
   3-62              (6)  requirements for data collection, including
   3-63  operation of the perinatal health care system and patient outcomes;
   3-64              (7)  requirements for periodic performance evaluation
   3-65  of the system and its components; and
   3-66              (8)  assurances that health care facilities will not
   3-67  refuse to accept the transfer of a perinatal patient solely because
   3-68  of the person's inability to pay for services or because of the
   3-69  person's age, sex, race, religion, or national origin.
   3-70        Sec. 32.043.  DUTIES OF DEPARTMENT.  The department shall:
    4-1              (1)  develop and monitor a statewide network of
    4-2  voluntary perinatal health care systems;
    4-3              (2)  develop and maintain a perinatal reporting and
    4-4  analysis system to monitor and evaluate perinatal patient care in
    4-5  the perinatal health care systems in this state; and
    4-6              (3)  provide for coordination and cooperation in this
    4-7  state and among this state and adjoining states.
    4-8        Sec. 32.044.  SYSTEM REQUIREMENTS.  (a)  Each voluntary
    4-9  perinatal health care system must have:
   4-10              (1)  a coordinating board responsible for ensuring,
   4-11  providing, or coordinating planning access to services, data
   4-12  collection, and provider education;
   4-13              (2)  access to appropriate emergency medical services;
   4-14              (3)  risk assessment, transport, and transfer protocols
   4-15  for perinatal patients;
   4-16              (4)  one or more health care facilities categorized
   4-17  according to perinatal care capabilities using standards adopted by
   4-18  board rule; and
   4-19              (5)  documentation of broad-based participation in
   4-20  planning by providers of perinatal services and community
   4-21  representatives throughout the defined geographic region.
   4-22        (b)  This subchapter does not prohibit a health care facility
   4-23  from providing services that it is authorized to provide under a
   4-24  license issued to the facility by the department.
   4-25        Sec. 32.045.  GRANT PROGRAM.  (a)  The department may
   4-26  establish a program to award grants to initiate, expand, maintain,
   4-27  and improve voluntary perinatal health care systems.
   4-28        (b)  The board by rule shall establish eligibility criteria
   4-29  for awarding the grants.  The rules must require the department to
   4-30  consider:
   4-31              (1)  the need of an area and the extent to which the
   4-32  grant would meet the identified need;
   4-33              (2)  the availability of personnel and training
   4-34  programs;
   4-35              (3)  the availability of other funding sources;
   4-36              (4)  the assurance of providing quality services;
   4-37              (5)  the need for emergency transportation of perinatal
   4-38  patients and the extent to which the system meets the identified
   4-39  needs; and
   4-40              (6)  the stage of development of a perinatal health
   4-41  care system.
   4-42        (c)  The department may approve grants according to rules
   4-43  adopted by the board.  A grant awarded under this section is
   4-44  governed by Chapter 783, Government Code, and rules adopted under
   4-45  that chapter.
   4-46        SECTION 8.  The following sections of the Health and Safety
   4-47  Code are repealed:
   4-48              (1)  Section 32.004;
   4-49              (2)  Section 32.007;
   4-50              (3)  Section 32.008;
   4-51              (4)  Section 32.009;
   4-52              (5)  Section 32.010;
   4-53              (6)  Section 32.019; and
   4-54              (7)  Section 32.020.
   4-55        SECTION 9.  This Act takes effect September 1, 1995.
   4-56        SECTION 10.  The importance of this legislation and the
   4-57  crowded condition of the calendars in both houses create an
   4-58  emergency and an imperative public necessity that the
   4-59  constitutional rule requiring bills to be read on three several
   4-60  days in each house be suspended, and this rule is hereby suspended.
   4-61                               * * * * *