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A BILL TO BE ENTITLED
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AN ACT
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relating to supportive palliative care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 2, Health and Safety Code, is |
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amended by adding Chapter 142A to read as follows: |
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CHAPTER 142A. SUPPORTIVE PALLIATIVE CARE SERVICES |
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Sec. 142A.0001. DEFINITION. In this chapter, "supportive |
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palliative care" means physician-directed interdisciplinary |
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patient- and family-centered care provided to a patient with a |
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serious illness without regard to the patient's age or terminal |
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prognosis that: |
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(1) may be provided concurrently with methods of |
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treatment or therapies that seek to cure or minimize the effects of |
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the patient's illness; and |
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(2) seeks to optimize the quality of life for a patient |
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with a life-threatening or life-limiting illness and the patient's |
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family through various methods, including methods that seek to: |
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(A) anticipate, prevent, and treat the patient's |
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total suffering related to the patient's physical, emotional, |
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social, and spiritual condition; |
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(B) address the physical, intellectual, |
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emotional, cultural, social, and spiritual needs of the patient; |
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and |
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(C) facilitate for the patient regarding |
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treatment options, education, informed consent, and expression of |
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desires. |
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Sec. 142A.0002. REFERENCE IN OTHER LAW. Notwithstanding |
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any other law, a reference in this code or other law to palliative |
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care means supportive palliative care. |
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Sec. 142A.0003. STUDY. (a) The commission shall conduct a |
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study to assess potential improvements to a patient's quality of |
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care and health outcomes and to anticipated cost savings to this |
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state from supporting the use of or providing Medicaid |
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reimbursement to certain Medicaid recipients for supportive |
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palliative care. The study must include an evaluation and |
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comparison of other states that provide Medicaid reimbursement for |
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supportive palliative care. |
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(b) The Palliative Care Interdisciplinary Advisory Council |
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established under Chapter 118 shall provide to the commission |
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recommendations on the structure of the study, including |
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recommendations on identifying specific populations of Medicaid |
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recipients, variables, and outcomes to measure in the study. |
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(c) The commission may collaborate with and solicit and |
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accept gifts, grants, and donations from any public or private |
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source for the purpose of funding the study. |
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(d) Not later than September 1, 2020, the commission shall |
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provide to the Palliative Care Interdisciplinary Advisory Council |
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the findings of the study. Not later than October 1, 2020, the |
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advisory council shall include the findings of the study in the |
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report required under Section 118.010. |
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(e) This section expires September 1, 2021. |
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SECTION 2. Section 142.001(15), Health and Safety Code, is |
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amended to read as follows: |
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(15) "Hospice services" means services, including |
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services provided by unlicensed personnel under the delegation of a |
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registered nurse or physical therapist, provided to a client or a |
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client's family as part of a coordinated program consistent with |
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the standards and rules adopted under this chapter. These services |
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include [palliative care for terminally ill clients and] support |
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services for terminally ill patients [clients] and their families |
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that: |
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(A) are available 24 hours a day, seven days a |
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week, during the last stages of illness, during death, and during |
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bereavement; |
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(B) are provided by a medically directed |
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interdisciplinary team; and |
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(C) may be provided in a home, nursing home, |
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residential unit, or inpatient unit according to need. These |
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services do not include inpatient care normally provided in a |
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licensed hospital to a terminally ill person who has not elected to |
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be a hospice client. |
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SECTION 3. Section 142.001(20), Health and Safety Code, is |
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repealed. |
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SECTION 4. The Health and Human Services Commission shall |
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conduct the study required under Section 142A.0003, Health and |
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Safety Code, as added by this Act, only if the commission receives a |
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gift, grant, or donation or the legislature appropriates money |
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specifically for that purpose. If the commission does not receive a |
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gift, grant, or donation and the legislature does not appropriate |
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money specifically for that purpose, the commission may, but is not |
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required to, conduct the study using other money available for that |
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purpose. |
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SECTION 5. 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 September 1, 2019. |