By: Hopson H.B. No. 448
 
  Substitute the following for H.B. No. 448:
 
  By:  McReynolds C.S.H.B. No. 448
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring the Department of State Health Services to
  implement a provider choice system.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.0109 of Subchapter A, Chapter 161,
  Health and Safety Code, is added as follows:
         PROVIDER CHOICE SYSTEM  Sec. 161.0109  (a)  The department
  shall implement a provider choice system for the Vaccines for
  Children program operated by the department under authority of 42
  U.S.C. Section 1396s, as amended and the adult safety-net program.
         (b)  The department shall ensure that eligible health care
  providers participating in the Vaccines for Children program or
  adult safety-net program may select any licensed vaccine, including
  combination vaccines and any dosage forms that;
               (1)  are recommended by the Advisory Committee on
  Immunizations Practices;
               (2)  are made available to the department by the United
  States Centers for Disease Control and Prevention; and
               (3)  for adult vaccines, are on the approved list of
  vaccines offered by the adult safety-net program.
         (c)  If equivalent vaccines are available which meet the
  requirements of (b), and the cost of one or more of those equivalent
  vaccines exceeds 115 percent of the lowest-price equivalent
  vaccine, the department shall distribute the lowest-price
  equivalent vaccine or vaccines.
         (d)  For the purposes of this section equivalent vaccines
  means two or more vaccines, excluding the influenza vaccine, that
  meet all of the following;
               (1)  protect a recipient of a vaccine against the same
  infection or infections;
               (2)  require the same number of doses;
               (3)  have similar safety and efficacy profiles; and,
               (4)  are recommended for comparable populations.
         (e)  This section does not apply in the event of a disaster or
  public health emergency, terrorist attack, hostile military or
  paramilitary action, or extraordinary law enforcement emergency.
         (f)  The department shall convene the immunization work
  group established pursuant to Section 161.0095 Health and Safety
  Code to develop a plan for the implementation of the provider choice
  system under this section.  The plan shall include:
               (1)  education of participating health care providers
  about United States Center for Disease Control and Prevention
  procedures and distribution systems; and
               (2)  education of participating providers about
  vaccine options, the enrollment process, ordering, accountability
  and reporting procedures.
         (g)  The department shall implement all or part of the
  provider choice system as soon as it determined to be feasible but
  shall complete implementation no later than August 31, 2010.
         (h)  Section 161.0103. Health and Safety Code are repealed on
  September 1, 2010.
         SECTION 2.  This Act takes effect September 1, 2009.