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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the Department of State Health Services to |
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implement a provider choice system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0109 to read as follows: |
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Sec. 161.0109. PROVIDER CHOICE SYSTEM. (a) The department |
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shall implement a provider choice system for the Vaccines for |
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Children program operated by the department under authority of 42 |
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U.S.C. Section 1396s, as amended, and the adult safety-net program. |
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(b) The department shall ensure that eligible health care |
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providers participating in the Vaccines for Children program or |
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adult safety-net program may select any licensed vaccine, including |
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combination vaccines and any dosage forms that: |
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(1) are recommended by the Advisory Committee on |
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Immunization Practices; |
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(2) are made available to the department by the United |
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States Centers for Disease Control and Prevention; and |
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(3) for adult vaccines, are on the approved list of |
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vaccines offered by the adult safety-net program. |
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(c) If equivalent vaccines are available which meet the |
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requirements of Subsection (b), and the cost of one or more of those |
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equivalent vaccines exceeds 115 percent of the lowest-price |
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equivalent vaccine, the department shall distribute the |
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lowest-price equivalent vaccine or vaccines. |
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(d) For the purposes of this section, equivalent vaccines |
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means two or more vaccines, excluding the influenza vaccine, that |
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meet all of the following: |
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(1) protect a recipient of a vaccine against the same |
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infection or infections; |
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(2) require the same number of doses; |
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(3) have similar safety and efficacy profiles; and |
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(4) are recommended for comparable populations. |
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(e) This section does not apply in the event of a disaster or |
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public health emergency, terrorist attack, hostile military or |
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paramilitary action, or extraordinary law enforcement emergency. |
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(f) The department shall convene the immunization work |
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group established pursuant to Section 161.0095, Health and Safety |
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Code, to develop a plan for the implementation of the provider |
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choice system under this section. The plan shall include: |
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(1) education of participating health care providers |
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about United States Centers for Disease Control and Prevention |
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procedures and distribution systems; and |
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(2) education of participating providers about |
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vaccine options, the enrollment process, ordering, accountability, |
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and reporting procedures. |
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(g) The department shall implement all or part of the |
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provider choice system as soon as is determined to be feasible but |
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shall complete implementation no later than August 31, 2010. |
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(h) Section 161.0103, Health and Safety Code, is repealed on |
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September 1, 2010. |
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SECTION 2. This Act takes effect September 1, 2009. |