H.B. No. 448
AN ACT
relating to requiring the Department of State Health Services to
implement a provider choice system for certain vaccines.
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 161.01035 to read as follows:
Sec. 161.01035. 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 and the adult safety net
vaccination program.
(b) The department shall ensure that eligible health care
providers participating in the vaccines for children program or the
adult safety net vaccination program may select any licensed
vaccine, including combination vaccines and any dosage forms that:
(1) are recommended by the federal Advisory Committee
on Immunization Practices;
(2) are made available to the department by the
Centers for Disease Control and Prevention of the United States
Public Health Service; and
(3) for adult vaccines, are on the department-approved
list of vaccines offered by the adult safety net vaccination
program.
(c) 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 by the
Centers for Disease Control and Prevention of the United States
Public Health Service.
(d) The department shall provide a vaccine selected by a
health care provider under Subsection (b) only if the cost to the
department of providing the vaccine is not more than 115 percent of
the lowest-priced equivalent vaccine.
(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 under Section 161.0095 and solicit its
recommendations regarding development of a plan for the
implementation of the provider choice system under this section.
The plan shall include the education of participating health care
providers about:
(1) procedures and distribution systems of the Centers
for Disease Control and Prevention of the United States Public
Health Service; and
(2) vaccine options, the enrollment process,
ordering, accountability, and reporting procedures.
SECTION 2. Effective September 1, 2010, Section 161.0103,
Health and Safety Code, is repealed.
SECTION 3. The Department of State Health Services shall
implement all or part of the provider choice system under Section
161.01035, Health and Safety Code, as added by this Act, as soon as
it is determined to be feasible, provided, however, that the
department shall complete implementation of the system not later
than August 31, 2010.
SECTION 4. Except as provided by this Act, this Act takes
effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 448 was passed by the House on March
26, 2009, by the following vote: Yeas 146, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 448 on May 18, 2009, by the following vote: Yeas 143, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 448 was passed by the Senate, with
amendments, on May 14, 2009, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor