Texas 2009 - 81st Regular

Texas House Bill HB448 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 448
2	2
3	3
4	4	AN ACT
5	5	relating to requiring the Department of State Health Services to
6	6	implement a provider choice system for certain vaccines.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter A, Chapter 161, Health and Safety
9	9	Code, is amended by adding Section 161.01035 to read as follows:
10	10	Sec. 161.01035. PROVIDER CHOICE SYSTEM. (a) The
11	11	department shall implement a provider choice system for the
12	12	vaccines for children program operated by the department under
13	13	authority of 42 U.S.C. Section 1396s and the adult safety net
14	14	vaccination program.
15	15	(b) The department shall ensure that eligible health care
16	16	providers participating in the vaccines for children program or the
17	17	adult safety net vaccination program may select any licensed
18	18	vaccine, including combination vaccines and any dosage forms that:
19	19	(1) are recommended by the federal Advisory Committee
20	20	on Immunization Practices;
21	21	(2) are made available to the department by the
22	22	Centers for Disease Control and Prevention of the United States
23	23	Public Health Service; and
24	24	(3) for adult vaccines, are on the department-approved
25	25	list of vaccines offered by the adult safety net vaccination
26	26	program.
27	27	(c) For the purposes of this section, "equivalent vaccines"
28	28	means two or more vaccines, excluding the influenza vaccine, that
29	29	meet all of the following:
30	30	(1) protect a recipient of a vaccine against the same
31	31	infection or infections;
32	32	(2) require the same number of doses;
33	33	(3) have similar safety and efficacy profiles; and
34	34	(4) are recommended for comparable populations by the
35	35	Centers for Disease Control and Prevention of the United States
36	36	Public Health Service.
37	37	(d) The department shall provide a vaccine selected by a
38	38	health care provider under Subsection (b) only if the cost to the
39	39	department of providing the vaccine is not more than 115 percent of
40	40	the lowest-priced equivalent vaccine.
41	41	(e) This section does not apply in the event of a disaster or
42	42	public health emergency, terrorist attack, hostile military or
43	43	paramilitary action, or extraordinary law enforcement emergency.
44	44	(f) The department shall convene the immunization work
45	45	group established under Section 161.0095 and solicit its
46	46	recommendations regarding development of a plan for the
47	47	implementation of the provider choice system under this section.
48	48	The plan shall include the education of participating health care
49	49	providers about:
50	50	(1) procedures and distribution systems of the Centers
51	51	for Disease Control and Prevention of the United States Public
52	52	Health Service; and
53	53	(2) vaccine options, the enrollment process,
54	54	ordering, accountability, and reporting procedures.
55	55	SECTION 2. Effective September 1, 2010, Section 161.0103,
56	56	Health and Safety Code, is repealed.
57	57	SECTION 3. The Department of State Health Services shall
58	58	implement all or part of the provider choice system under Section
59	59	161.01035, Health and Safety Code, as added by this Act, as soon as
60	60	it is determined to be feasible, provided, however, that the
61	61	department shall complete implementation of the system not later
62	62	than August 31, 2010.
63	63	SECTION 4. Except as provided by this Act, this Act takes
64	64	effect September 1, 2009.
65	65	______________________________ ______________________________
66	66	President of the Senate Speaker of the House
67	67	I certify that H.B. No. 448 was passed by the House on March
68	68	26, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not
69	69	voting; and that the House concurred in Senate amendments to H.B.
70	70	No. 448 on May 18, 2009, by the following vote: Yeas 143, Nays 0, 2
71	71	present, not voting.
72	72	______________________________
73	73	Chief Clerk of the House
74	74	I certify that H.B. No. 448 was passed by the Senate, with
75	75	amendments, on May 14, 2009, by the following vote: Yeas 31, Nays
76	76	0.
77	77	______________________________
78	78	Secretary of the Senate
79	79	APPROVED: __________________
80	80	Date
81	81	__________________
82	82	Governor