By: Hopson H.B. No. 448
A BILL TO BE ENTITLED
AN ACT
relating to requiring the Department of State Health Services to
implement a provider choice system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 161, Health and Safety
Code, is amended by adding Section 161.0109 to read as follows:
Sec. 161.0109. PROVIDER CHOICE SYSTEM. (a) The department
shall implement a provider choice system for the Vaccines for
Children program operated by the department under authority of 42
U.S.C. Section 1396s, as amended, and the adult safety-net program.
(b) The department shall ensure that eligible health care
providers participating in the Vaccines for Children program or
adult safety-net program may select any licensed vaccine, including
combination vaccines and any dosage forms that:
(1) are recommended by the Advisory Committee on
Immunization Practices;
(2) are made available to the department by the United
States Centers for Disease Control and Prevention; and
(3) for adult vaccines, are on the approved list of
vaccines offered by the adult safety-net program.
(c) If equivalent vaccines are available which meet the
requirements of Subsection (b), and the cost of one or more of those
equivalent vaccines exceeds 115 percent of the lowest-price
equivalent vaccine, the department shall distribute the
lowest-price equivalent vaccine or vaccines.
(d) For the purposes of this section, equivalent vaccines
means two or more vaccines, excluding the influenza vaccine, that
meet all of the following:
(1) protect a recipient of a vaccine against the same
infection or infections;
(2) require the same number of doses;
(3) have similar safety and efficacy profiles; and
(4) are recommended for comparable populations.
(e) This section does not apply in the event of a disaster or
public health emergency, terrorist attack, hostile military or
paramilitary action, or extraordinary law enforcement emergency.
(f) The department shall convene the immunization work
group established pursuant to Section 161.0095, Health and Safety
Code, to develop a plan for the implementation of the provider
choice system under this section. The plan shall include:
(1) education of participating health care providers
about United States Centers for Disease Control and Prevention
procedures and distribution systems; and
(2) education of participating providers about
vaccine options, the enrollment process, ordering, accountability,
and reporting procedures.
(g) The department shall implement all or part of the
provider choice system as soon as is determined to be feasible but
shall complete implementation no later than August 31, 2010.
(h) Section 161.0103, Health and Safety Code, is repealed on
September 1, 2010.
SECTION 2. This Act takes effect September 1, 2009.