By: Hopson (Senate Sponsor - Carona) H.B. No. 448
         (In the Senate - Received from the House March 30, 2009;
  April 7, 2009, read first time and referred to Committee on Health
  and Human Services; May 5, 2009, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 9,
  Nays 0; May 5, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 448 By:  Uresti
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to requiring the Department of State Health Services to
  implement a provider choice system for certain vaccines.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 161, Health and Safety
  Code, is amended by adding Section 161.01035 to read as follows:
         Sec. 161.01035.  PROVIDER CHOICE SYSTEM.  (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 and the adult safety net
  vaccination program.
         (b)  The department shall ensure that eligible health care
  providers participating in the vaccines for children program or the
  adult safety net vaccination program may select any licensed
  vaccine, including combination vaccines and any dosage forms that:
               (1)  are recommended by the federal Advisory Committee
  on Immunization Practices;
               (2)  are made available to the department by the
  Centers for Disease Control and Prevention of the United States
  Public Health Service; and
               (3)  for adult vaccines, are on the department-approved
  list of vaccines offered by the adult safety net vaccination
  program.
         (c)  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 by the
  Centers for Disease Control and Prevention of the United States
  Public Health Service.
         (d)  The department shall provide a vaccine selected by a
  health care provider under Subsection (b) only if the cost to the
  department of providing the vaccine is not more than 115 percent of
  the lowest-priced equivalent vaccine.
         (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 under Section 161.0095 and solicit its
  recommendations regarding development of a plan for the
  implementation of the provider choice system under this section.
  The plan shall include the education of participating health care
  providers about:
               (1)  procedures and distribution systems of the Centers
  for Disease Control and Prevention of the United States Public
  Health Service; and
               (2)  vaccine options, the enrollment process,
  ordering, accountability, and reporting procedures.
         SECTION 2.  Effective September 1, 2010, Section 161.0103,
  Health and Safety Code, is repealed.
         SECTION 3.  The Department of State Health Services shall
  implement all or part of the provider choice system under Section
  161.01035, Health and Safety Code, as added by this Act, as soon as
  it is determined to be feasible, provided, however, that the
  department shall complete implementation of the system not later
  than August 31, 2010.
         SECTION 4.  Except as provided by this Act, this Act takes
  effect September 1, 2009.
 
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