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A BILL TO BE ENTITLED
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AN ACT
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relating to maternal health and safety, pregnancy-related deaths, |
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and maternal morbidity, including postpartum depression. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 34.005, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 34.005. DUTIES OF TASK FORCE. The task force shall: |
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(1) study and review: |
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(A) cases of pregnancy-related deaths; [and] |
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(B) trends, rates, or disparities in |
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pregnancy-related deaths and [in] severe maternal morbidity; |
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(C) health conditions and factors that |
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disproportionately affect the most at-risk population as |
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determined in the joint biennial report required under Section |
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34.015; and |
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(D) best practices and programs operating in |
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other states that have reduced rates of pregnancy-related deaths; |
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(2) compare rates of pregnancy-related deaths based on |
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the socioeconomic status of the mother; |
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(3) determine the feasibility of the task force |
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studying cases of severe maternal morbidity; and |
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(4) in consultation with the Perinatal Advisory |
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Council, [(3)] make recommendations to help reduce the incidence of |
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pregnancy-related deaths and severe maternal morbidity in this |
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state. |
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SECTION 2. Chapter 34, Health and Safety Code, is amended by |
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adding Section 34.0055 to read as follows: |
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Sec. 34.0055. SCREENING AND EDUCATIONAL MATERIALS FOR |
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SUBSTANCE USE. (a) The task force, in coordination with the |
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department, shall: |
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(1) make available to physicians and other persons |
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licensed or certified to conduct a substance use screening of |
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pregnant women information that includes: |
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(A) guidance regarding best practices for |
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verbally screening a pregnant woman for substance use using a |
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validated screening tool; and |
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(B) a list of substance use treatment resources |
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in each geographic region of this state; and |
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(2) review and promote the use of educational |
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materials on the consequences of opioid drug use during pregnancy. |
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(b) The department shall make available on the department's |
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Internet website the information and educational materials |
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described by Subsection (a). |
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SECTION 3. Sections 34.007(a) and (b), Health and Safety |
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Code, are amended to read as follows: |
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(a) The department shall determine a statistically |
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significant number of cases of pregnancy-related deaths for review. |
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The department shall either randomly select cases or select all |
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cases for the task force to review under this subsection to reflect |
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a cross-section of pregnancy-related deaths in this state. |
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(b) The department shall statistically analyze aggregate |
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data of pregnancy-related deaths and severe maternal morbidity in |
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this state to identify any trends, rates, or disparities. |
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SECTION 4. Section 34.015(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The report must include the task force's |
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recommendations under Section 34.005(4) [34.005(3)]. |
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SECTION 5. Chapter 34, Health and Safety Code, is amended by |
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adding Sections 34.0155, 34.0156, and 34.0157 to read as follows: |
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Sec. 34.0155. REPORT ON PREGNANCY-RELATED DEATHS, SEVERE |
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MATERNAL MORBIDITY, AND POSTPARTUM DEPRESSION. The commission |
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shall: |
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(1) evaluate options for reducing pregnancy-related |
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deaths, focusing on the most prevalent causes of pregnancy-related |
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deaths as identified in the joint biennial report required under |
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Section 34.015, and for treating postpartum depression in |
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economically disadvantaged women; |
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(2) in coordination with the department and the task |
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force, identify strategies to: |
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(A) lower costs of providing medical assistance |
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under Chapter 32, Human Resources Code, related to severe maternal |
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morbidity and chronic illness; and |
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(B) improve quality outcomes related to the |
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underlying causes of severe maternal morbidity and chronic illness; |
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and |
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(3) not later than December 1 of each even-numbered |
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year, submit to the governor, the lieutenant governor, the speaker |
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of the house of representatives, the Legislative Budget Board, and |
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the appropriate standing committees of the legislature a written |
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report that includes: |
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(A) a summary of the commission's and |
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department's efforts to accomplish the tasks described by |
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Subdivisions (1) and (2); and |
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(B) a summary of the report required by Section |
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34.0156. |
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Sec. 34.0156. MATERNAL HEALTH AND SAFETY INITIATIVE. (a) |
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Using existing resources, the department, in collaboration with the |
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task force, shall promote and facilitate the use among health care |
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providers in this state of maternal health and safety informational |
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materials, including tools and procedures related to best practices |
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in maternal health and safety. |
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(b) Not later than December 1 of each even-numbered year, |
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the department shall submit a report to the executive commissioner |
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that includes: |
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(1) a summary of the initiative's implementation and |
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outcomes; and |
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(2) recommendations for improving the effectiveness |
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of the initiative. |
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Sec. 34.0157. FEASIBILITY STUDY RELATED TO MATERNAL HEALTH |
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AND SAFETY INITIATIVE. (a) Using existing resources and not later |
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than December 1, 2018, the commission shall study and determine the |
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feasibility of adding a provider's use of procedures included in |
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the maternal health and safety initiative described by Section |
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34.0156 as an indicator of quality for commission data and medical |
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assistance quality-based payment purposes. |
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(b) The department shall collaborate with the commission in |
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compiling available data and information needed to complete the |
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feasibility study. |
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(c) The commission shall include the commission's |
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determination from the feasibility study in the report required by |
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Section 34.0155. |
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(d) This section expires May 1, 2019. |
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SECTION 6. Section 34.018, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 34.018. SUNSET PROVISION. The task force is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the task force is |
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abolished and this chapter expires September 1, 2023 [2019]. |
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SECTION 7. Subchapter D, Chapter 1001, Health and Safety |
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Code, is amended by adding Section 1001.0712 to read as follows: |
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Sec. 1001.0712. CAUSE OF DEATH DATA IMPROVEMENT. (a) Not |
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later than December 1 of each even-numbered year, the department |
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shall submit to the governor, lieutenant governor, speaker of the |
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house of representatives, and appropriate standing committees of |
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the legislature a report on the processes and procedures for |
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collecting cause of death information, including any challenges to |
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collecting accurate information relating to maternal mortality. |
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(b) In preparing the report, the department may examine: |
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(1) issues relating to the quality of the death |
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information being collected, including the accuracy and |
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completeness of the information; |
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(2) the role of medical certifiers in death |
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information collection; |
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(3) the perceptions of the individuals collecting the |
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death information regarding the information's integrity; |
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(4) the training required for the individuals |
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collecting death information; and |
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(5) the structural, procedural, and technological |
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issues of collecting the information. |
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(c) The department, in consultation with the Maternal |
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Mortality and Morbidity Task Force, shall examine national |
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standards regarding the collection of death information and may |
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convene a panel of experts to advise the department and the task |
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force in developing recommendations for improving the collection of |
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accurate information related to cause of death. |
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(d) The report may be included as part of another report the |
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department is required to submit to the legislature. |
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(e) This section expires September 1, 2021. |
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SECTION 8. Not later than June 1, 2018, the Maternal |
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Mortality and Morbidity Task Force, in coordination with the |
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Department of State Health Services, shall make available the |
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information and educational materials described by Section |
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34.0055, Health and Safety Code, as added by this Act. |
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SECTION 9. If before implementing any provision of this Act |
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a state agency determines that an additional waiver or additional |
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authorization from a federal agency is necessary for implementation |
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of that provision, the agency affected by the provision shall |
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request the waiver or authorization and may delay implementing that |
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provision until the waiver or authorization is granted. |
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SECTION 10. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect on the 91st day after the last day of |
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the legislative session. |