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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 and the adult safety net vaccination 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 the |
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adult safety net vaccination program may select any licensed |
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vaccine, including combination vaccines and any dosage forms that: |
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(1) are recommended by the federal Advisory Committee |
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on 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 department-approved |
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list of vaccines offered by the adult safety net vaccination |
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program. |
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(c) 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 by the |
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United States Centers for Disease Control and Prevention. |
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(d) If equivalent vaccines that meet the requirements of |
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Subsection (c) are available and the cost of one or more of those |
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equivalent vaccines exceeds 115 percent of the lowest-priced |
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equivalent vaccine, the department shall distribute the |
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lowest-priced equivalent vaccine or vaccines. |
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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 under Section 161.0095 and solicit its |
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recommendations regarding development of a plan for the |
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implementation of the provider choice system under this section. |
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The plan shall include the education of: |
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(1) participating health care providers about United |
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States Centers for Disease Control and Prevention procedures and |
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distribution systems; and |
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(2) participating providers about vaccine options, |
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the enrollment process, ordering, accountability, and reporting |
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procedures. |
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SECTION 2. The Department of State Health Services shall |
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implement all or part of the provider choice system under Section |
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161.0109, Health and Safety Code, as added by this Act, as soon as |
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it is determined to be feasible, provided, however, that the |
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department shall complete implementation of the system not later |
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than August 31, 2010. |
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SECTION 3. Effective September 1, 2010, Section 161.0103, |
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Health and Safety Code, is repealed. |
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SECTION 4. This Act takes effect September 1, 2009. |
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