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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain information about Medicaid |
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benefits in relation to newborn children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0631 to read as follows: |
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Sec. 32.0631. ANNUAL NOTICE TO CERTAIN PROVIDERS REGARDING |
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USE OF MEDICAID IDENTIFICATION NUMBERS WITH RESPECT TO NEWBORN |
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CHILDREN. The commission shall annually provide written notice to |
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each managed care organization and health care provider, including |
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hospitals and other health care facilities participating in |
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Medicaid that regularly provide health care services to medical |
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assistance recipients who are pregnant women or newborn children: |
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(1) reminding the organizations and providers that |
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when a newborn child of a recipient has not been assigned a Medicaid |
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identification number, the provider may accept or use the |
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recipient's Medicaid identification number on any claim for |
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reimbursement under Medicaid; and |
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(2) encouraging organizations and providers to |
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educate recipients who are mothers or the prospective mothers of |
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newborn children that the recipient may use the recipient's |
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Medicaid identification number until the recipient's newborn child |
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is enrolled in Medicaid. |
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SECTION 2. Section 161.501(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A hospital, birthing center, physician, nurse midwife, |
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or midwife who provides prenatal care to a pregnant woman during |
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gestation or at delivery of an infant shall: |
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(1) provide the woman and the father of the infant, if |
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possible, or another adult caregiver for the infant, with a |
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resource pamphlet that includes: |
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(A) a list of the names, addresses, and phone |
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numbers of professional organizations that provide postpartum |
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counseling and assistance to parents relating to postpartum |
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depression and other emotional trauma associated with pregnancy and |
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parenting; |
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(B) information regarding the prevention of |
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shaken baby syndrome including: |
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(i) techniques for coping with anger caused |
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by a crying baby; |
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(ii) different methods for preventing a |
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person from shaking a newborn, infant, or other young child; |
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(iii) the dangerous effects of shaking a |
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newborn, infant, or other young child; and |
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(iv) the symptoms of shaken baby syndrome |
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and who to contact, as recommended by the American Academy of |
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Pediatrics, if a parent suspects or knows that a baby has been |
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shaken in order to receive prompt medical treatment; |
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(C) a list of diseases for which a child is |
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required by state law to be immunized and the appropriate schedule |
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for the administration of those immunizations; |
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(D) the appropriate schedule for follow-up |
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procedures for newborn screening; |
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(E) information regarding sudden infant death |
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syndrome, including current recommendations for infant sleeping |
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conditions to lower the risk of sudden infant death syndrome; |
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(F) educational information in both English and |
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Spanish on: |
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(i) pertussis disease and the availability |
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of a vaccine to protect against pertussis, including information on |
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the Centers for Disease Control and Prevention recommendation that |
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parents receive Tdap during the postpartum period to protect |
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newborns from the transmission of pertussis; and |
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(ii) the incidence of cytomegalovirus, |
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birth defects caused by congenital cytomegalovirus, and available |
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resources for the family of an infant born with congenital |
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cytomegalovirus; [and] |
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(G) the danger of heatstroke for a child left |
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unattended in a motor vehicle; and |
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(H) information about Medicaid benefits for |
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children, including eligibility requirements and the process for |
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applying for those benefits; |
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(2) if the woman is a recipient of medical assistance |
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under Chapter 32, Human Resources Code, provide the woman and the |
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father of the infant, if possible, or another adult caregiver with: |
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(A) a resource guide that includes information in |
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both English and Spanish relating to the development, health, and |
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safety of a child from birth until age five, including information |
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relating to: |
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(i) [(A)] selecting and interacting with a |
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primary health care practitioner and establishing a "medical home" |
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for the child; |
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(ii) [(B)] dental care; |
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(iii) [(C)] effective parenting; |
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(iv) [(D)] child safety; |
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(v) [(E)] the importance of reading to a |
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child; |
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(vi) [(F)] expected developmental |
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milestones; |
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(vii) [(G)] health care resources |
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available in the state; |
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(viii) [(H)] selecting appropriate child |
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care; [and] |
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(ix) [(I)] other resources available in the |
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state; and |
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(x) how to contact the commission to report |
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the child's birth for the purpose of enrolling the newborn child in |
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Medicaid; and |
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(B) a written notice developed by the commission |
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informing the woman, father, or other caregiver that the newborn |
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child is automatically eligible for Medicaid and that the woman's |
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Medicaid identification number may be used on reimbursement claims |
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for services provided to the woman's newborn child until the child |
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is enrolled in Medicaid and assigned a separate Medicaid |
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identification number; |
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(3) document in the woman's record that the woman |
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received the resource pamphlet described in Subdivision (1) and the |
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resource guide and notice described in Subdivision (2), if |
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applicable; and |
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(4) retain the documentation for at least five years |
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in the hospital's, birthing center's, physician's, nurse midwife's, |
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or midwife's records. |
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SECTION 3. (a) Not later than December 1, 2025: |
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(1) the Department of State Health Services shall |
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include the information required by Sections 161.501(a)(1)(H) and |
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(a)(2)(A)(x), Health and Safety Code, as added by this Act, in the |
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informational materials required by that section; and |
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(2) the Health and Human Services Commission shall |
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develop the notice required by Section 161.501(a)(2)(B), Health and |
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Safety Code, as added by this Act. |
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(b) Notwithstanding Section 161.501(a), Health and Safety |
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Code, as amended by this Act, a hospital, birthing center, |
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physician, nurse midwife, or midwife who provides prenatal care to |
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a pregnant woman during gestation or at delivery of an infant is not |
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required to comply with that provision until January 1, 2026. |
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SECTION 4. This Act takes effect September 1, 2025. |