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A BILL TO BE ENTITLED
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AN ACT
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relating to maternal morbidity and pregnancy-related deaths. |
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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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(2) determine the feasibility of the task force |
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studying cases of severe maternal morbidity; [and] |
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(3) make recommendations to help reduce the incidence |
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of pregnancy-related deaths and severe maternal morbidity in this |
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state; and |
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(4) identify practice opportunities in maternal |
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health care and develop evidence-based best practice |
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recommendations for maternal health care, prioritized to address |
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the most prevalent causes of pregnancy-related death and severe |
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maternal morbidity. |
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SECTION 2. Section 34.006(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) In gathering information, the department and task force |
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may consult with representatives of any state agencies, |
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collaboratives, and councils and any relevant state professional |
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associations and organizations, including: |
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(1) District XI of the American Congress of |
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Obstetricians and Gynecologists; |
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(2) the Texas Association of Obstetricians and |
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Gynecologists; |
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(3) the Texas Nurses Association; |
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(4) the Texas Section of the Association of Women's |
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Health, Obstetric and Neonatal Nurses; |
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(5) the Texas Academy of Family Physicians; |
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(6) the Texas Pediatric Society; |
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(7) the Consortium of Texas Certified Nurse-Midwives; |
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(8) the Association of Texas Midwives; |
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(9) the Texas Hospital Association; |
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(10) the Texas Medical Association; [and] |
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(11) the Texas Public Health Association; |
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(12) the commission; |
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(13) the state perinatal quality collaborative; and |
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(14) the Perinatal Advisory Council, as defined by |
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Section 241.187. |
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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. Chapter 34, Health and Safety Code, is amended by |
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adding Sections 34.0156 and 34.0157 to read as follows: |
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Sec. 34.0156. MATERNAL HEALTH CARE INFORMATION; ACTION NOT |
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CREATED. (a) Using existing resources, the department, in |
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collaboration with the task force, the commission, and the state |
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perinatal quality collaborative, shall promote and facilitate the |
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use among health care providers in this state of maternal health |
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care informational materials, including tools and procedures |
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related to best practice recommendations for maternal health care |
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developed under Section 34.005. |
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(b) Not later than December 1 of each even-numbered year, |
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the department shall submit to the executive commissioner, |
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governor, lieutenant governor, speaker of the house of |
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representatives, Legislative Budget Board, and appropriate |
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standing committees of the legislature a report that includes: |
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(1) a summary of the implementation and outcomes of |
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providing the informational materials described by Subsection (a); |
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and |
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(2) recommendations for improving the informational |
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materials provided under Subsection (a). |
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(c) Notwithstanding any other law, the promotion, |
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facilitation, provision, use, or failure to use the informational |
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materials described by Subsection (a) does not create a cause of |
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action or create a standard of care, obligation, or duty that |
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provides a basis for a cause of action. Evidence that a person |
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failed to comply with the practices or procedures recommended in |
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the informational materials is not admissible in a civil, judicial, |
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or administrative proceeding. |
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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 facilitating the adoption of best practice |
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recommendations under Section 34.005 and improving maternal health |
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outcomes as part of a value-based and quality improvement |
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initiative to promote better health outcomes and to lower costs for |
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publicly funded health care services. In conducting the study, the |
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commission as necessary shall consult with interested persons, |
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including managed care organizations and providers. |
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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 under Subsection (a). |
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(c) The commission shall include the commission's |
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determination from the feasibility study under Subsection (a) in |
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the report required by Section 34.0156. The report may be included |
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as part of another report the commission is required to submit to |
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the legislature. |
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(d) This section expires May 1, 2019. |
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SECTION 5. 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 December 31, 2023 [September 1,
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2019]. |
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SECTION 6. 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 October 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 7. 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 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |