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A BILL TO BE ENTITLED
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AN ACT
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relating to level of care designations for rural hospitals that |
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provide maternal care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 241, Health and Safety |
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Code, is amended by adding Section 241.1831 to read as follows: |
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Sec. 241.1831. LEVEL OF CARE DESIGNATIONS FOR MATERNAL CARE |
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IN RURAL HOSPITALS. (a) In this section: |
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(1) "Rural hospital" means a hospital that has fewer |
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than 50 beds and: |
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(A) is: |
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(i) designated by the Centers for Medicare |
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and Medicaid Services as a critical access hospital, sole community |
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hospital, or rural referral center; and |
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(ii) not located in an area defined by the |
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federal Office of Management and Budget as a metropolitan |
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statistical area; or |
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(B) is located in a county with a population of |
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not more than 60,000. |
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(2) "Telemedicine medical service" has the meaning |
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assigned by Section 111.001, Occupations Code. |
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(b) A rural hospital must have available at all times for |
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consultation, either in person or as a telemedicine medical |
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service, a family medicine physician, an obstetrics and gynecology |
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physician, or a maternal fetal medicine physician who: |
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(1) for a rural hospital assigned a Level I level of |
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care designation: |
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(A) is licensed by the Texas Medical Board; |
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(B) has obstetrics training and experience; and |
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(C) has maternal care and obstetrical surgical |
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privileges; or |
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(2) for a rural hospital assigned a Level II level of |
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care designation: |
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(A) is licensed by the Texas Medical Board; |
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(B) has obstetrics training and experience; |
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(C) has maternal care and obstetrical surgical |
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privileges; and |
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(D) is available to provide medical services or |
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telemedicine medical services to a patient of the hospital not |
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later than 30 minutes after the time the hospital contacts the |
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physician. |
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(c) This section does not affect the authority of a |
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physician to delegate to a certified registered nurse anesthetist |
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under Section 157.058, Occupations Code. |
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(d) The department by rule shall establish a process by |
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which a rural hospital may appeal its level of care designation to |
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the department. |
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(e) Except as specifically provided by this section, a rural |
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hospital is subject to all other requirements for a level of care |
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designation under this chapter. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Department of State Health Services shall adopt |
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rules as necessary to implement Section 241.1831, Health and Safety |
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Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2019. |