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A BILL TO BE ENTITLED
|
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AN ACT
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relating to maternal and newborn health care and the quality of |
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services provided to women in this state under certain health care |
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programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.0738 to read as follows: |
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Sec. 531.0738. APPLICATION FOR FUNDING TO IMPLEMENT MODEL |
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OF CARE FOR CERTAIN MEDICAID RECIPIENTS. (a) The commission shall |
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apply to the Centers for Medicare and Medicaid Services to receive |
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any federal money available to implement a model of care that |
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improves the quality and accessibility of care for: |
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(1) pregnant women with opioid use disorder enrolled |
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in Medicaid during the prenatal and postpartum periods; and |
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(2) their children after birth. |
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(b) This section expires September 1, 2021. |
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SECTION 2. Chapter 31, Health and Safety Code, is amended by |
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adding Section 31.018 to read as follows: |
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Sec. 31.018. REFERRAL FROM HEALTHY TEXAS WOMEN PROGRAM TO |
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PRIMARY HEALTH CARE SERVICES PROGRAM. (a) In this section, |
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"Healthy Texas Women program" means a program operated by the |
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commission that is substantially similar to the demonstration |
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project operated under former Section 32.0248, Human Resources |
|
Code, and that is intended to expand access to preventive health and |
|
family planning services for women in this state. |
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(b) The executive commissioner by rule shall ensure that |
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women receiving services under the Healthy Texas Women program are |
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referred to and provided with information on the primary health |
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care services program. |
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SECTION 3. Chapter 32, Health and Safety Code, is amended by |
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adding Subchapters E and F to read as follows: |
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SUBCHAPTER E. ENHANCED PRENATAL AND POSTPARTUM CARE SERVICES |
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Sec. 32.101. ENHANCED PRENATAL SERVICES FOR CERTAIN WOMEN. |
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The commission, in collaboration with managed care organizations |
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that contract with the commission to provide health care services |
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to medical assistance recipients under Chapter 533, Government |
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Code, shall develop and implement cost-effective, evidence-based, |
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and enhanced prenatal services for high-risk pregnant women covered |
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under the medical assistance program. |
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Sec. 32.102. EVALUATION AND ENHANCEMENT OF POSTPARTUM CARE |
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SERVICES FOR CERTAIN WOMEN. (a) In this section, "Healthy Texas |
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Women program" means a program operated by the commission that is |
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substantially similar to the demonstration project operated under |
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former Section 32.0248, Human Resources Code, and that is intended |
|
to expand access to preventive health and family planning services |
|
for women in this state. |
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(b) The commission shall evaluate postpartum care services |
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provided to women enrolled in the Healthy Texas Women program after |
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the first 60 days of the postpartum period. |
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(c) Based on the commission's evaluation under Subsection |
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(b), the commission shall develop an enhanced, cost-effective, and |
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limited postpartum care services package for women enrolled in the |
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Healthy Texas Women program to be provided: |
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(1) after the first 60 days of the postpartum period; |
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and |
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(2) for a period of not more than 12 months after the |
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date of enrollment in the Healthy Texas Women program. |
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SUBCHAPTER F. DELIVERY AND IMPROVEMENT OF MATERNAL HEALTH CARE |
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SERVICES INVOLVING MANAGED CARE ORGANIZATIONS |
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Sec. 32.151. DEFINITIONS. In this subchapter: |
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(1) "Healthy Texas Women program" means a program |
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operated by the commission that is substantially similar to the |
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demonstration project operated under former Section 32.0248, Human |
|
Resources Code, and that is intended to expand access to preventive |
|
health and family planning services for women in this state. |
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(2) "Medicaid managed care organization" means a |
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managed care organization as defined by Section 533.001, Government |
|
Code, that contracts with the commission under Chapter 533, |
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Government Code, to provide health care services to medical |
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assistance program recipients. |
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Sec. 32.152. ASSESSING PROVISION OF HEALTHY TEXAS WOMEN |
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PROGRAM SERVICES THROUGH MANAGED CARE. (a) The commission shall |
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assess: |
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(1) the feasibility and cost-effectiveness of |
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contracting with Medicaid managed care organizations to provide |
|
Healthy Texas Women program services through managed care in one or |
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more health care service regions in this state if the Healthy Texas |
|
Women Section 1115 Demonstration Waiver is approved; and |
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(2) the potential impact of that delivery model on |
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women receiving services under the program. |
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(b) This section expires September 1, 2021. |
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Sec. 32.153. CONTINUITY OF CARE FOR CERTAIN WOMEN ENROLLING |
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IN HEALTHY TEXAS WOMEN PROGRAM. The commission shall develop and |
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implement strategies to ensure the continuity of care for women who |
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transition from the medical assistance program and enroll in the |
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Healthy Texas Women program. In developing and implementing |
|
strategies under this section, the commission may collaborate with |
|
health care providers participating in the Healthy Texas Women |
|
program and Medicaid managed care organizations that provide health |
|
care services to pregnant women. |
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Sec. 32.154. POSTPARTUM DEPRESSION TREATMENT NETWORK. |
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Using money from an available source designated by the commission, |
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the commission, in collaboration with Medicaid managed care |
|
organizations and health care providers participating in the |
|
Healthy Texas Women program, shall develop and implement a |
|
postpartum depression treatment network for women enrolled in the |
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medical assistance or Healthy Texas Women program. |
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Sec. 32.155. STATEWIDE INITIATIVES TO IMPROVE QUALITY OF |
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MATERNAL HEALTH CARE. (a) In this section, "social determinants |
|
of health" means the environmental conditions in which an |
|
individual lives that affect the individual's health and quality of |
|
life. |
|
(b) The commission shall develop or enhance statewide |
|
initiatives to improve the quality of maternal health care services |
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and outcomes for women in this state. The commission shall specify |
|
the initiatives that each managed care organization that contracts |
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with the commission to provide health care services in this state |
|
must incorporate in the organization's managed care plans. The |
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initiatives may address: |
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(1) prenatal and postpartum care rates; |
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(2) maternal health disparities that exist for |
|
minority women and other high-risk populations of women in this |
|
state; |
|
(3) social determinants of health; or |
|
(4) other priorities specified by the commission. |
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(c) A managed care organization required to incorporate the |
|
initiatives in the organization's managed care plans under |
|
Subsection (b) may incorporate any additional initiatives to |
|
improve the quality of maternal health care services for women |
|
receiving health care services through the organization. |
|
(d) The commission shall prepare and submit to the |
|
legislature and make available to the public an annual report that |
|
summarizes: |
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(1) the commission's progress in developing or |
|
enhancing initiatives under this section; and |
|
(2) each managed care organization's progress in |
|
incorporating the required initiatives in the organization's |
|
managed care plans. |
|
(e) The commission may submit the report required under |
|
Subsection (d) with the report required under Section 536.008, |
|
Government Code. |
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SECTION 4. The heading to Chapter 34, Health and Safety |
|
Code, is amended to read as follows: |
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CHAPTER 34. TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW |
|
COMMITTEE [TASK FORCE] |
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SECTION 5. Section 34.001, Health and Safety Code, is |
|
amended by adding Subdivision (12-a) to read as follows: |
|
(12-a) "Review committee" means the Texas Maternal |
|
Mortality and Morbidity Review Committee. |
|
SECTION 6. Sections 34.002, 34.003, 34.004, and 34.005, |
|
Health and Safety Code, are amended to read as follows: |
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Sec. 34.002. TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW |
|
COMMITTEE [TASK FORCE]. (a) The Texas Maternal Mortality and |
|
Morbidity Review Committee [Task Force] is administered by the |
|
department. |
|
(b) The review committee [task force] is a |
|
multidisciplinary advisory committee within the department and is |
|
composed of the following 17 members: |
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(1) 15 members appointed by the commissioner as |
|
follows: |
|
(A) four physicians specializing in obstetrics, |
|
at least one of whom is a maternal fetal medicine specialist; |
|
(B) one certified nurse-midwife; |
|
(C) one registered nurse; |
|
(D) one nurse specializing in labor and delivery; |
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(E) one physician specializing in family |
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practice; |
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(F) one physician specializing in psychiatry; |
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(G) one physician specializing in pathology; |
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(H) one epidemiologist, biostatistician, or |
|
researcher of pregnancy-related deaths; |
|
(I) one social worker or social service provider; |
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(J) one community advocate in a relevant field; |
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(K) one medical examiner or coroner responsible |
|
for recording deaths; and |
|
(L) one physician specializing in critical care; |
|
(2) a representative of the department's family and |
|
community health programs; and |
|
(3) the state epidemiologist for the department or the |
|
epidemiologist's designee. |
|
(c) In appointing members to the review committee [task
|
|
force], the commissioner shall: |
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(1) include members: |
|
(A) working in and representing communities that |
|
are diverse with regard to race, ethnicity, immigration status, and |
|
English proficiency; and |
|
(B) from differing geographic regions in the |
|
state, including both rural and urban areas; |
|
(2) endeavor to include members who are working in and |
|
representing communities that are affected by pregnancy-related |
|
deaths and severe maternal morbidity and by a lack of access to |
|
relevant perinatal and intrapartum care services; and |
|
(3) ensure that the composition of the review |
|
committee [task force] reflects the racial, ethnic, and linguistic |
|
diversity of this state. |
|
(d) The commissioner shall appoint from among the review |
|
committee [task force] members a presiding officer. |
|
(e) A member of the review committee [task force] appointed |
|
under Subsection (b)(1) is not entitled to compensation for service |
|
on the review committee [task force] or reimbursement for travel or |
|
other expenses incurred by the member while conducting the business |
|
of the review committee [task force]. |
|
(f) In carrying out its duties, the review committee [task
|
|
force] may use technology, including teleconferencing or |
|
videoconferencing, to eliminate travel expenses. |
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Sec. 34.003. TERMS; VACANCY. (a) Review committee [Task
|
|
force] members appointed by the commissioner serve staggered |
|
six-year terms, with the terms of four or five members, as |
|
appropriate, expiring February 1 of each odd-numbered year. |
|
(b) A review committee [task force] member may serve more |
|
than one term. |
|
(c) A vacancy on the review committee [task force] shall be |
|
filled for the unexpired term in the same manner as the original |
|
appointment. |
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Sec. 34.004. MEETINGS. (a) The review committee [task
|
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force] shall meet at least quarterly. The review committee [task
|
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force] may meet at other times at the call of the commissioner. |
|
(b) Meetings of the review committee [task force] are |
|
subject to Chapter 551, Government Code, except that the review |
|
committee [task force] shall conduct a closed meeting to review |
|
cases under Section 34.007. |
|
(c) The review committee [task force] shall: |
|
(1) allow for public comment during at least one |
|
public meeting each year; |
|
(2) present in open session recommendations made under |
|
Section 34.005 to help reduce the incidence of pregnancy-related |
|
deaths and severe maternal morbidity in this state; and |
|
(3) post public notice for meetings conducted for the |
|
sole purpose of reviewing cases for selection under Section 34.007. |
|
Sec. 34.005. DUTIES OF REVIEW COMMITTEE [TASK FORCE]. The |
|
review committee [task force] shall: |
|
(1) study and review: |
|
(A) cases of pregnancy-related deaths; |
|
(B) trends, rates, or disparities in |
|
pregnancy-related deaths and severe maternal morbidity; |
|
(C) health conditions and factors that |
|
disproportionately affect the most at-risk population as |
|
determined in the joint 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; |
|
(3) determine the feasibility of the review committee |
|
[task force] studying cases of severe maternal morbidity; and |
|
(4) in consultation with the Perinatal Advisory |
|
Council, make recommendations to help reduce the incidence of |
|
pregnancy-related deaths and severe maternal morbidity in this |
|
state. |
|
SECTION 7. Section 34.0055(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) Using existing resources, the commission, in |
|
consultation with the review committee [task force], shall: |
|
(1) make available to physicians and other persons |
|
licensed or certified to conduct a substance use screening and |
|
domestic violence screening of pregnant women information that |
|
includes: |
|
(A) guidance regarding best practices for |
|
verbally screening a pregnant woman for substance use and verbally |
|
screening a pregnant woman for domestic violence using a validated |
|
screening tool; and |
|
(B) a list of substance use treatment resources |
|
and domestic violence prevention and intervention resources in each |
|
geographic region of this state; and |
|
(2) review and promote the use of educational |
|
materials on the consequences of opioid drug use and on domestic |
|
violence prevention and intervention during pregnancy. |
|
SECTION 8. Section 34.006, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 34.006. CONSULTATIONS AND AGREEMENTS WITH OUTSIDE |
|
PARTIES. (a) The department and review committee [task force] may |
|
consult with any relevant experts and stakeholders, including: |
|
(1) anesthesiologists; |
|
(2) intensivists or critical care physicians; |
|
(3) nutritionists; |
|
(4) substance abuse treatment specialists; |
|
(5) hospital staff or employees; |
|
(6) representatives of the state Medicaid program; |
|
(7) paramedics or other emergency medical response |
|
personnel; |
|
(8) hospital-based risk management specialists; |
|
(9) representatives of local health departments and |
|
public health districts in this state; |
|
(10) public health experts; |
|
(11) government representatives or officials; and |
|
(12) law enforcement officials. |
|
(b) In gathering information, the department and review |
|
committee [task force] may consult with representatives of any |
|
relevant state professional associations and organizations, |
|
including: |
|
(1) District XI of the American Congress of |
|
Obstetricians and Gynecologists; |
|
(2) the Texas Association of Obstetricians and |
|
Gynecologists; |
|
(3) the Texas Nurses Association; |
|
(4) the Texas Section of the Association of Women's |
|
Health, Obstetric and Neonatal Nurses; |
|
(5) the Texas Academy of Family Physicians; |
|
(6) the Texas Pediatric Society; |
|
(7) the Consortium of Texas Certified Nurse-Midwives; |
|
(8) the Association of Texas Midwives; |
|
(9) the Texas Hospital Association; |
|
(10) the Texas Medical Association; and |
|
(11) the Texas Public Health Association. |
|
(c) In consulting with individuals or organizations under |
|
Subsection (a) or (b), a member of the review committee [task force] |
|
or employee of the department may not disclose any identifying |
|
information of a patient or health care provider. |
|
(d) The department on behalf of the review committee [task
|
|
force] may enter into agreements with institutions of higher |
|
education or other organizations consistent with the duties of the |
|
department or review committee [task force] under this chapter. |
|
SECTION 9. Sections 34.007(a) and (c), 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 review committee [task force] to review under this |
|
subsection to reflect a cross-section of pregnancy-related deaths |
|
in this state. |
|
(c) If feasible, the department may select cases of severe |
|
maternal morbidity for review. In selecting cases under this |
|
subsection, the department shall randomly select cases for the |
|
review committee [task force] to review to reflect trends |
|
identified under Subsection (b). |
|
SECTION 10. Sections 34.008(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) On selecting a case of pregnancy-related death or severe |
|
maternal morbidity for review, the department shall, in accordance |
|
with this section, obtain information relevant to the case to |
|
enable the review committee [task force] to review the case. The |
|
department shall provide the information to the review committee |
|
[task force]. |
|
(b) The information provided to the review committee [task
|
|
force] may not include identifying information of a patient or |
|
health care provider, including: |
|
(1) the name, address, or date of birth of the patient |
|
or a member of the patient's family; or |
|
(2) the name or specific location of a health care |
|
provider that treated the patient. |
|
SECTION 11. Section 34.009, Health and Safety Code, is |
|
amended by amending Subsections (b), (c), (d), (e), and (h) and |
|
adding Subsection (b-1) to read as follows: |
|
(b) Except as provided by Subsection (b-1), confidential |
|
[Confidential] information that is acquired by the department and |
|
that includes identifying information of an individual or health |
|
care provider is privileged and may not be disclosed to any person. |
|
Information that may not be disclosed under this subsection |
|
includes: |
|
(1) the name and address of a patient or a member of |
|
the patient's family; |
|
(2) any service received by the patient or a member of |
|
the patient's family; |
|
(3) the social and economic condition of the patient |
|
or a member of the patient's family; |
|
(4) medical, dental, and mental health care |
|
information related to the patient or a member of the patient's |
|
family, including diagnoses, conditions, diseases, or disability; |
|
and |
|
(5) the identity of a health care provider that |
|
provided any services to the patient or a member of the patient's |
|
family. |
|
(b-1) Confidential information that is acquired by the |
|
department under this section that includes identifying |
|
information of an individual or health care provider may be |
|
securely disclosed to an appropriate federal agency for the limited |
|
purpose of complying with applicable requirements under the federal |
|
Preventing Maternal Deaths Act of 2018 (Pub. L. No. 115-344). |
|
(c) Review committee [Task force] work product or |
|
information obtained by the department under this chapter, |
|
including information contained in an electronic database |
|
established and maintained under Section 34.012, or any other |
|
document or record, is confidential. This subsection does not |
|
prevent the review committee [task force] or department from |
|
releasing information described by Subsection (d) or (e) or from |
|
submitting the report required by Section 34.015. |
|
(d) Information is not confidential under this section if |
|
the information is general information that cannot be connected |
|
with any specific individual, case, or health care provider, such |
|
as: |
|
(1) total expenditures made for specified purposes; |
|
(2) the number of families served by particular health |
|
care providers or agencies; |
|
(3) aggregated data on social and economic conditions; |
|
(4) medical data and information related to health |
|
care services that do not include any identifying information |
|
relating to a patient or the patient's family; |
|
(5) information, including the source, value, and |
|
purpose, related to gifts, grants, or donations to or for use by the |
|
review committee [task force]; and |
|
(6) other statistical information. |
|
(e) The review committee [task force] may publish |
|
statistical studies and research reports based on information that |
|
is confidential under this section, provided that the information: |
|
(1) is published in the aggregate; |
|
(2) does not identify a patient or the patient's |
|
family; |
|
(3) does not include any information that could be |
|
used to identify a patient or the patient's family; and |
|
(4) does not identify a health care provider. |
|
(h) The review committee [task force] and the department |
|
shall comply with all state and federal laws and rules relating to |
|
the transmission of health information, including the Health |
|
Insurance Portability and Accountability Act of 1996 (Pub. L. |
|
No. 104-191) and rules adopted under that Act. |
|
SECTION 12. Section 34.010, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 34.010. SUBPOENA AND DISCOVERY. Review committee |
|
[Task force] work product or information that is confidential under |
|
Section 34.009 is privileged, is not subject to subpoena or |
|
discovery, and may not be introduced into evidence in any |
|
administrative, civil, or criminal proceeding against a patient, a |
|
member of the family of a patient, or a health care provider. |
|
SECTION 13. Section 34.011(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) A member of the review committee [task force] or a |
|
person employed by or acting in an advisory capacity to the review |
|
committee [task force] and who provides information, counsel, or |
|
services to the review committee [task force] is not liable for |
|
damages for an action taken within the scope of the functions of the |
|
review committee [task force]. |
|
SECTION 14. Sections 34.012(a) and (c), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) The department may establish and maintain an electronic |
|
database to track cases of pregnancy-related deaths and severe |
|
maternal morbidity to assist the department and review committee |
|
[task force] in performing functions under this chapter. |
|
(c) The database may be accessed only by the department and |
|
the review committee [task force] for the purposes described in |
|
this chapter. |
|
SECTION 15. Section 34.014, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 34.014. FUNDING. The department may accept gifts and |
|
grants from any source to fund the duties of the department and the |
|
review committee [task force] under this chapter. |
|
SECTION 16. Sections 34.015(a) and (b), Health and Safety |
|
Code, are amended to read as follows: |
|
(a) Not later than September 1 of each even-numbered year, |
|
the review committee [task force] and the department shall submit a |
|
joint report on the findings of the review committee [task force] |
|
under this chapter to the governor, lieutenant governor, speaker of |
|
the house of representatives, and appropriate committees of the |
|
legislature. |
|
(b) The report must include the review committee's [task
|
|
force's] recommendations under Section 34.005(4). |
|
SECTION 17. Section 34.0155, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 34.0155. REPORT ON PREGNANCY-RELATED DEATHS, SEVERE |
|
MATERNAL MORBIDITY, 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 joint biennial report required under |
|
Section 34.015, and for treating postpartum depression in |
|
economically disadvantaged women; |
|
(2) in coordination with the department and the review |
|
committee [task force], identify strategies to: |
|
(A) lower costs of providing medical assistance |
|
under Chapter 32, Human Resources Code, related to severe maternal |
|
morbidity and chronic illness; and |
|
(B) improve quality outcomes related to the |
|
underlying causes of severe maternal morbidity and chronic illness; |
|
and |
|
(3) not later than December 1 of each even-numbered |
|
year, submit 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 a written |
|
report that includes: |
|
(A) a summary of the commission's and |
|
department's efforts to accomplish the tasks described by |
|
Subdivisions (1) and (2); and |
|
(B) a summary of the report required by Section |
|
34.0156. |
|
SECTION 18. Section 34.0156(a), Health and Safety Code, is |
|
amended to read as follows: |
|
(a) Using existing resources, the department, in |
|
collaboration with the review committee [task force], shall promote |
|
and facilitate the use among health care providers in this state of |
|
maternal health and safety informational materials, including |
|
tools and procedures related to best practices in maternal health |
|
and safety. |
|
SECTION 19. Section 34.017(b), Health and Safety Code, is |
|
amended to read as follows: |
|
(b) The department may not disclose the information |
|
described by Subsection (a) to the review committee [task force] or |
|
any other person. |
|
SECTION 20. Section 34.018, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 34.018. SUNSET PROVISION. (a) The review committee |
|
[task force] is subject to Chapter 325, Government Code (Texas |
|
Sunset Act). Unless continued in existence as provided by that |
|
chapter, the review committee [task force] is abolished and this |
|
chapter expires September 1, 2027 [2023]. |
|
(b) The Sunset Advisory Commission shall review the review |
|
committee during the two-year period preceding the date the |
|
department is scheduled for abolition under Section 1001.003, but |
|
the review committee is continued in existence until the date |
|
provided by Subsection (a). This subsection expires September 1, |
|
2025. |
|
SECTION 21. Section 1001.0712(c), Health and Safety Code, |
|
is amended to read as follows: |
|
(c) The department, in consultation with the Texas Maternal |
|
Mortality and Morbidity Review Committee [Task Force], shall |
|
examine national standards regarding the collection of death |
|
information and may convene a panel of experts to advise the |
|
department and the review committee [task force] in developing |
|
recommendations for improving the collection of accurate |
|
information related to cause of death. |
|
SECTION 22. Section 34.001(14), Health and Safety Code, is |
|
repealed. |
|
SECTION 23. (a) In this section, "Healthy Texas Women |
|
program" means a program operated by the Health and Human Services |
|
Commission that is substantially similar to the demonstration |
|
project operated under former Section 32.0248, Human Resources |
|
Code, and that is intended to expand access to preventive health and |
|
family planning services for women in this state. |
|
(b) If the Centers for Medicare and Medicaid Services |
|
approves the waiver submitted by the executive commissioner of the |
|
Health and Human Services Commission under Section 1115 of the |
|
federal Social Security Act (42 U.S.C. Section 1315) for the |
|
Healthy Texas Women Section 1115 Demonstration Waiver, the |
|
executive commissioner shall, as soon as practicable after the |
|
waiver is granted, seek an amendment to the waiver to provide |
|
enhanced services under the Healthy Texas Women program. |
|
SECTION 24. As soon as practicable after the effective date |
|
of this Act: |
|
(1) the executive commissioner of the Health and Human |
|
Services Commission shall adopt rules as necessary to implement the |
|
changes in law made by this Act; and |
|
(2) the Health and Human Services Commission shall |
|
apply for any federal money available to implement the model of care |
|
described by Section 531.0738, Government Code, as added by this |
|
Act. |
|
SECTION 25. On the effective date of this Act: |
|
(1) the Maternal Mortality and Morbidity Task Force is |
|
renamed the Texas Maternal Mortality and Morbidity Review |
|
Committee; and |
|
(2) a reference in law to the task force means the |
|
review committee. |
|
SECTION 26. If before implementing any provision of this |
|
Act a state agency determines that a waiver or authorization from a |
|
federal agency is necessary for implementation of that provision, |
|
the agency affected by the provision shall request the waiver or |
|
authorization and may delay implementing that provision until the |
|
waiver or authorization is granted. |
|
SECTION 27. The Health and Human Services Commission is |
|
required to implement a provision of this Act only if the |
|
legislature appropriates money specifically for that purpose. If |
|
the legislature does not appropriate money specifically for that |
|
purpose, the commission may, but is not required to, implement a |
|
provision of this Act using other appropriations available for that |
|
purpose. |
|
SECTION 28. 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 September 1, 2019. |
|
|
|
COMMITTEE AMENDMENT NO. |
1 |
|
Amend S.B. No. 750 |
|
by adding the following appropriately |
|
numbered SECTIONS to the bill and renumbering subsequent SECTIONS |
|
of the bill accordingly: |
|
SECTION ____. Chapter 1061, Special District Local Laws |
|
Code, is amended by adding Subchapter G to read as follows: |
|
SUBCHAPTER G. SALES AND USE TAX |
|
Sec. 1061.301. TAX AUTHORIZED. (a) The district may adopt, |
|
change the rate of, or abolish a sales and use tax at an election |
|
held in the district. |
|
(b) The district may not adopt a tax under this subchapter |
|
or increase the rate of the tax if as a result of the adoption of the |
|
tax or the tax increase the combined rate of all sales and use taxes |
|
imposed by the district and all other political subdivisions of |
|
this state having territory in the district would exceed two |
|
percent in any location in the district. |
|
Sec. 1061.302. APPLICABILITY OF OTHER LAW. Except to the |
|
extent that a provision of this subchapter applies, Chapter 323, |
|
Tax Code, applies to a tax authorized by this subchapter in the same |
|
manner as that chapter applies to the tax authorized by that |
|
chapter. |
|
Sec. 1061.303. TAX RATE; CHANGE IN RATE. (a) The district |
|
may impose a tax authorized by this subchapter in increments of |
|
one-eighth of one percent, with a minimum rate of one-eighth of one |
|
percent and a maximum rate of two percent. |
|
(b) The district may increase the rate of a tax authorized |
|
by this subchapter to a maximum of two percent or decrease the rate |
|
of the tax to a minimum of one-eighth of one percent if the change is |
|
approved by a majority of the voters of the district at an election |
|
called for that purpose. |
|
Sec. 1061.304. ELECTION PROCEDURE. An election to adopt, |
|
change the rate of, or abolish a tax authorized by this subchapter |
|
is called by the adoption of an order of the board. The board may |
|
call an election on its own motion and shall call an election if a |
|
number of qualified voters in the district equal to at least five |
|
percent of the number of registered voters in the district |
|
petitions the board to call the election. |
|
Sec. 1061.305. ELECTION IN OTHER TAXING AUTHORITY. (a) In |
|
this section, "taxing authority" means any entity authorized to |
|
impose a local sales and use tax. |
|
(b) If the district is included within the boundaries of |
|
another taxing authority and the adoption or increase in the rate of |
|
a tax under this subchapter would result in a combined tax rate by |
|
the district and other political subdivisions of this state of more |
|
than two percent at any location in the district, an election to |
|
approve or increase the rate of the tax has no effect unless: |
|
(1) one or more of the other taxing authorities holds |
|
an election in accordance with the law governing that authority on |
|
the same date as the election under this subchapter to reduce the |
|
tax rate of that authority to a rate that will result in a combined |
|
tax rate by the district and other political subdivisions of not |
|
more than two percent at any location in the district; and |
|
(2) the combined tax rate is reduced to not more than |
|
two percent as a result of that election. |
|
(c) This section does not permit a taxing authority to |
|
impose taxes at differential tax rates within the territory of the |
|
authority. |
|
Sec. 1061.306. TAX EFFECTIVE DATE. (a) The adoption, |
|
change in the rate of, or abolition of a tax under this subchapter |
|
takes effect on the first day of the first calendar quarter |
|
occurring after the expiration of the first complete calendar |
|
quarter occurring after the date on which the comptroller receives |
|
notice of the results of an election to adopt, change the rate of, |
|
or abolish the tax. |
|
(b) If the comptroller determines that an effective date |
|
provided by Subsection (a) will occur before the comptroller can |
|
reasonably take the action required to begin collecting the tax or |
|
to implement the change in the rate of the tax or the abolition of |
|
the tax, the effective date may be extended by the comptroller until |
|
the first day of the next calendar quarter. |
|
Sec. 1061.307. USE OF TAX REVENUE. Revenue from a tax |
|
imposed under this subchapter may be used by the district for any |
|
purpose of the district authorized by law. |
|
SECTION ____. Section 1061.151(b), Special District Local |
|
Laws Code, is amended to read as follows: |
|
(b) The proposed budget must contain a complete financial |
|
statement of: |
|
(1) the outstanding obligations of the district; |
|
(2) the cash on hand in each district fund; |
|
(3) the money received by the district from all |
|
sources during the previous year; |
|
(4) the money available to the district from all |
|
sources during the ensuing year; |
|
(5) the balances expected at the end of the year in |
|
which the budget is being prepared; |
|
(6) the estimated revenue and balances available to |
|
cover the proposed budget; |
|
(7) the estimated ad valorem tax rate required; and |
|
(8) the proposed expenditures and disbursements and |
|
the estimated receipts and collections for the following fiscal |
|
year. |
|
SECTION ____. The heading to Subchapter F, Chapter 1061, |
|
Special District Local Laws Code, is amended to read as follows: |
|
SUBCHAPTER F. AD VALOREM TAXES |
|
SECTION ____. Section 26.012(1), Tax Code, is amended to |
|
read as follows: |
|
(1) "Additional sales and use tax" means an additional |
|
sales and use tax imposed by: |
|
(A) a city under Section 321.101(b); |
|
(B) a county under Chapter 323; or |
|
(C) a hospital district, other than a hospital |
|
district: |
|
(i) created on or after September 1, 2001, |
|
that: |
|
(a) [(i)] imposes the sales and use |
|
tax under Subchapter I, Chapter 286, Health and Safety Code; or |
|
(b) [(ii)] imposes the sales and use |
|
tax under Subchapter L, Chapter 285, Health and Safety Code; or |
|
(ii) that imposes the sales and use tax |
|
under Subchapter G, Chapter 1061, Special District Local Laws Code. |
|
Price |