2019S0340-1 03/05/19
 
  By: Campbell S.B. No. 1657
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to level of care designations for rural hospitals that
  provide maternal care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter H, Chapter 241, Health and Safety
  Code, is amended by adding Section 241.1831 to read as follows:
         Sec. 241.1831.  LEVEL OF CARE DESIGNATIONS FOR MATERNAL CARE
  IN RURAL HOSPITALS. (a)  In this section:
               (1)  "Rural hospital" means a hospital that has fewer
  than 50 beds and:
                     (A)  is:
                           (i)  designated by the Centers for Medicare
  and Medicaid Services as a critical access hospital, sole community
  hospital, or rural referral center; and
                           (ii)  not located in an area defined by the
  federal Office of Management and Budget as a metropolitan
  statistical area; or
                     (B)  is located in a county with a population of
  not more than 60,000.
               (2)  "Telemedicine medical service" has the meaning
  assigned by Section 111.001, Occupations Code.
         (b)  A rural hospital must have available at all times for
  consultation, either in person or as a telemedicine medical
  service, a family medicine physician, an obstetrics and gynecology
  physician, or a maternal fetal medicine physician who:
               (1)  for a rural hospital assigned a Level I level of
  care designation:
                     (A)  is licensed by the Texas Medical Board;
                     (B)  has obstetrics training and experience; and
                     (C)  has maternal care and obstetrical surgical
  privileges; or
               (2)  for a rural hospital assigned a Level II level of
  care designation:
                     (A)  is licensed by the Texas Medical Board;
                     (B)  has obstetrics training and experience;
                     (C)  has maternal care and obstetrical surgical
  privileges; and
                     (D)  is available to provide medical services or
  telemedicine medical services to a patient of the hospital not
  later than 30 minutes after the time the hospital contacts the
  physician.
         (c)  This section does not affect the authority of a
  physician to delegate to a certified registered nurse anesthetist
  under Section 157.058, Occupations Code.
         (d)  The department by rule shall establish a process by
  which a rural hospital may appeal its level of care designation to
  the department.
         (e)  Except as specifically provided by this section, a rural
  hospital is subject to all other requirements for a level of care
  designation under this chapter.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the Department of State Health Services shall adopt
  rules as necessary to implement Section 241.1831, Health and Safety
  Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2019.