By: Thierry, Thompson of Harris, Zerwas, H.B. No. 11

Collier, et al.

A BILL TO BE ENTITLED

AN ACT

relating to pregnancy-related deaths and maternal morbidity, including postpartum depression.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act shall be known as the Texas Moms Matter Act.

SECTION 2. Section 34.001(12), Health and Safety Code, is amended to read as follows:

(12) "Pregnancy-related death" means the death of a woman while pregnant or within one year of delivery or end of pregnancy, regardless of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management, including direct obstetric death or an underlying aggravating condition causing obstetric death [but not from accidental or incidental causes].

SECTION 3. Section 34.005, Health and Safety Code, is amended to read as follows:

Sec. 34.005. DUTIES OF TASK FORCE. The task force shall:

(1) study, [and] review, and collect data on:

(A) cases of pregnancy-related deaths; [and]

(B) trends, rates, health conditions and factors, and disparities in pregnancy-related deaths and severe maternal morbidity;

(C) the most prevalent health conditions and factors that caused death in African American women as identified in the task force's biennial report required under Section 34.015; and

(D) best practices and programs operating in other states that have reduced rates of pregnancy-related deaths;

(2) compare rates of pregnancy-related deaths based on the socioeconomic status of the mother and, contingent on available resources, compare rates of infant mortality based on that status;

(3) determine the feasibility of the task force studying cases of severe maternal morbidity; and

(4) [(3)] make recommendations to help reduce the incidence of pregnancy-related deaths and severe maternal morbidity in this state.

SECTION 4. Sections 34.007(a) and (b), Health and Safety Code, are amended to read as follows:

(a) The department shall determine a statistically significant number of cases of pregnancy-related deaths for review. The department shall either randomly select cases or select all cases for the task force to review under this subsection to reflect a cross-section of pregnancy-related deaths in this state.

(b) The department shall statistically analyze aggregate data of pregnancy-related deaths and severe maternal morbidity in this state to identify any trends, rates, or disparities.

SECTION 5. Section 34.015(b), Health and Safety Code, is amended to read as follows:

(b) The report must include the task force's recommendations under Section 34.005(4) [34.005(3)].

SECTION 6. Chapter 34, Health and Safety Code, is amended by adding Section 34.0155 to read as follows:

Sec. 34.0155. REPORT ON PREGNANCY-RELATED DEATHS AND POSTPARTUM DEPRESSION. The commission shall:

(1) evaluate options for reducing pregnancy-related deaths, focusing on the most prevalent causes of pregnancy-related deaths as identified in the task force's biennial report required under Section 34.015, and for treating postpartum depression in economically disadvantaged women; and

(2) submit a written report summarizing the commission's and department's efforts to accomplish the tasks described by Subdivision (1) to the governor, the lieutenant governor, the speaker of the house of representatives, the Legislative Budget Board, and the appropriate standing committees of the legislature not later than December 1 of each even-numbered year.

SECTION 7. Section 34.018, Health and Safety Code, is amended to read as follows:

Sec. 34.018. SUNSET PROVISION. The task force is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the task force is abolished and this chapter expires September 1, 2023 [2019].

SECTION 8. Section 193.001, Health and Safety Code, is amended by adding Subsection (a-2) to read as follows:

(a-2) In prescribing the form and contents of death certificates, the department shall require each death certificate to indicate whether a female decedent was pregnant at the time of death or was pregnant at any time in the year preceding the decedent's death, if known .

SECTION 9. (a) Not later than March 1, 2018, the Department of State Health Services shall revise and make available the forms required by Section 193.001, Health and Safety Code, as amended by this Act.

(b) Section 193.001, Health and Safety Code, as amended by this Act applies only to a death certificate filed on or after April 1, 2018.

SECTION 10. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.