By: Kolkhorst S.B. No. 2150

(In the Senate - Filed March 8, 2019; March 21, 2019, read first time and referred to Committee on Health & Human Services; April 1, 2019, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 1, 2019, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 2150 By: Seliger

A BILL TO BE ENTITLED

AN ACT

relating to the reporting of certain information on maternal mortality to the Department of State Health Services and the confidentiality of that information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 34.001, Health and Safety Code, is amended by adding Subdivisions (11-a) and (12-a) and amending Subdivisions (12) and (14) to read as follows:

(11-a) "Pregnancy-associated death" means the death of a woman by any cause that occurs during or within one year of delivery or end of pregnancy, regardless of the outcome or location of the pregnancy.

(12) "Pregnancy-related death" means the death of a woman while pregnant or within one year of delivery or end of pregnancy, regardless of the outcome, duration, or location [and site] of the pregnancy, from any cause related to or aggravated by the pregnancy or its management, but not from accidental or incidental causes.

(12-a) "Review committee" means the Maternal Mortality and Morbidity Review Committee.

(14) "Task force" means the review committee [Maternal Mortality and Morbidity Task Force].

SECTION 2. The heading to Section 34.002, Health and Safety Code, is amended to read as follows:

Sec. 34.002. MATERNAL MORTALITY AND MORBIDITY REVIEW COMMITTEE; REFERENCE IN LAW [TASK FORCE].

SECTION 3. Section 34.002, Health and Safety Code, is amended by amending Subsections (a) and (e) and adding Subsection (a-1) to read as follows:

(a) The Maternal Mortality and Morbidity Review Committee [Task Force] is administered by the department.

(a-1) Notwithstanding any other law, a reference in this chapter or other law to the Maternal Mortality and Morbidity Task Force means the Maternal Mortality and Morbidity Review Committee.

(e) A member of the task force appointed under Subsection (b)(1) is not entitled to compensation for service on the task force but, subject to Section 34.014(b), may be reimbursed [or reimbursement] for travel or other expenses incurred by the member while conducting the business of the task force.

SECTION 4. Section 34.009(a), Health and Safety Code, is amended to read as follows:

(a) Any information pertaining to a pregnancy-associated death, a pregnancy-related death, or severe maternal morbidity is confidential for purposes of this chapter.

SECTION 5. Section 34.014, Health and Safety Code, is amended to read as follows:

Sec. 34.014. FUNDING. (a) The department may accept gifts and grants from any source to fund the duties of the department and the task force under this chapter.

(b) The department may use only gifts, grants, or federal funds to reimburse travel or other expenses incurred by a member of the task force in accordance with Section 34.002(e).

SECTION 6. Section 34.008, Health and Safety Code, is amended by adding Subsection (e) to read as follows:

(e) For purposes of this chapter, a licensed health care provider, including a nurse, who is involved in obtaining information relevant to a case of pregnancy-associated death, pregnancy-related death, or severe maternal morbidity under this chapter and who is required under other law to report a violation related to the provider's profession is exempt from the requirement to report the violation for information obtained under this chapter.

SECTION 7. Section 34.017, Health and Safety Code, is amended by adding Subsections (c), (d), and (e) to read as follows:

(c) The department may allow voluntary and confidential reporting to the department of pregnancy-associated deaths and pregnancy-related deaths by health care professionals, health care facilities, and persons who complete the medical certification for a death certificate for deaths reviewed or analyzed by the review committee.

(d) The department shall allow voluntary and confidential reporting to the department of pregnancy-associated deaths and pregnancy-related deaths by family members of or other appropriate individuals associated with a deceased patient. The department shall:

(1) post on the department's Internet website the contact information of the person to whom a report may be submitted under this subsection; and

(2) conduct outreach to local health organizations on the availability of the review committee to review and analyze the deaths.

(e) Information reported to the department under this section is confidential in accordance with Section 34.009.

SECTION 8. This Act takes effect September 1, 2019.

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