|
|
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. Subchapter A, Chapter 161, Health and Safety |
|
Code, is amended by adding Section 161.0109 to read as follows: |
|
Sec. 161.0109. 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 United |
|
States Centers for Disease Control and Prevention; 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 |
|
United States Centers for Disease Control and Prevention. |
|
(d) If equivalent vaccines that meet the requirements of |
|
Subsection (c) are available and the cost of one or more of those |
|
equivalent vaccines exceeds 115 percent of the lowest-priced |
|
equivalent vaccine, the department shall distribute the |
|
lowest-priced equivalent vaccine or vaccines. |
|
(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: |
|
(1) participating health care providers about United |
|
States Centers for Disease Control and Prevention procedures and |
|
distribution systems; and |
|
(2) participating providers about vaccine options, |
|
the enrollment process, ordering, accountability, and reporting |
|
procedures. |
|
SECTION 2. The Department of State Health Services shall |
|
implement all or part of the provider choice system under Section |
|
161.0109, 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 3. Effective September 1, 2010, Section 161.0103, |
|
Health and Safety Code, is repealed. |
|
SECTION 4. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |