By: Johnson S.B. No. 916
  relating to supportive palliative care.
         SECTION 1.  Subtitle G, Title 2, Health and Safety Code, is
  amended by adding Chapter 142A to read as follows:
         Sec. 142A.0001.  DEFINITION. In this chapter, "supportive
  palliative care" means physician-directed interdisciplinary
  patient- and family-centered care provided to a patient with a
  serious illness without regard to the patient's age or terminal
  prognosis that:
               (1)  may be provided concurrently with methods of
  treatment or therapies that seek to cure or minimize the effects of
  the patient's illness; and
               (2)  seeks to optimize the quality of life for a patient
  with a life-threatening or life-limiting illness and the patient's
  family through various methods, including methods that seek to:
                     (A)  anticipate, prevent, and treat the patient's
  total suffering related to the patient's physical, emotional,
  social, and spiritual condition;
                     (B)  address the physical, intellectual,
  emotional, cultural, social, and spiritual needs of the patient;
                     (C)  facilitate for the patient regarding
  treatment options, education, informed consent, and expression of
         Sec. 142A.0002.  REFERENCE IN OTHER LAW. Notwithstanding
  any other law, a reference in this code or other law to palliative
  care means supportive palliative care.
         Sec. 142A.0003.  STUDY. (a)  The commission shall conduct a
  study to assess potential improvements to a patient's quality of
  care and health outcomes and to anticipated cost savings to this
  state from supporting the use of or providing Medicaid
  reimbursement to certain Medicaid recipients for supportive
  palliative care. The study must include an evaluation and
  comparison of other states that provide Medicaid reimbursement for
  supportive palliative care.
         (b)  The Palliative Care Interdisciplinary Advisory Council
  established under Chapter 118 shall provide to the commission
  recommendations on the structure of the study, including
  recommendations on identifying specific populations of Medicaid
  recipients, variables, and outcomes to measure in the study.
         (c)  The commission may collaborate with and solicit and
  accept gifts, grants, and donations from any public or private
  source for the purpose of funding the study.
         (d)  Not later than September 1, 2022, the commission shall
  provide to the Palliative Care Interdisciplinary Advisory Council
  the findings of the study. Not later than October 1, 2022, the
  advisory council shall include the findings of the study in the
  report required under Section 118.010.
         (e)  This section expires September 1, 2023.
         SECTION 2.  Section 142.001(15), Health and Safety Code, is
  amended to read as follows:
               (15)  "Hospice services" means services, including
  services provided by unlicensed personnel under the delegation of a
  registered nurse or physical therapist, provided to a client or a
  client's family as part of a coordinated program consistent with
  the standards and rules adopted under this chapter. These services
  include [palliative care for terminally ill clients and] support
  services for terminally ill patients [clients] and their families
                     (A)  are available 24 hours a day, seven days a
  week, during the last stages of illness, during death, and during
                     (B)  are provided by a medically directed
  interdisciplinary team; and
                     (C)  may be provided in a home, nursing home,
  residential unit, or inpatient unit according to need. These
  services do not include inpatient care normally provided in a
  licensed hospital to a terminally ill person who has not elected to
  be a hospice client.
         SECTION 3.  Section 142.001(20), Health and Safety Code, is
         SECTION 4.  The Health and Human Services Commission shall
  conduct the study required under Section 142A.0003, Health and
  Safety Code, as added by this Act, only if the commission receives a
  gift, grant, or donation or the legislature appropriates money
  specifically for that purpose. If the commission does not receive a
  gift, grant, or donation and the legislature does not appropriate
  money specifically for that purpose, the commission may, but is not
  required to, conduct the study using other money available for that
         SECTION 5.  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.