Texas 2009 - 81st Regular

Texas Senate Bill SB479 Compare Versions

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1	1	By: Carona S.B. No. 479
2	2	(In the Senate - Filed January 14, 2009; February 17, 2009,
3	3	read first time and referred to Committee on Health and Human
4	4	Services; March 17, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 9, Nays 0;
6	6	March 17, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 479 By: Deuell
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to requiring the Department of State Health Services to
13	13	implement a provider choice system.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter A, Chapter 161, Health and Safety
16	16	Code, is amended by adding Section 161.0109 to read as follows:
17	17	Sec. 161.0109. PROVIDER CHOICE SYSTEM. (a) The department
18	18	shall implement a provider choice system for the vaccines for
19	19	children program operated by the department under authority of 42
20	20	U.S.C. Section 1396s and the adult safety net vaccination program.
21	21	(b) The department shall ensure that eligible health care
22	22	providers participating in the vaccines for children program or the
23	23	adult safety net vaccination program may select any licensed
24	24	vaccine, including combination vaccines and any dosage forms that:
25	25	(1) are recommended by the federal Advisory Committee
26	26	on Immunization Practices;
27	27	(2) are made available to the department by the United
28	28	States Centers for Disease Control and Prevention; and
29	29	(3) for adult vaccines, are on the department-approved
30	30	list of vaccines offered by the adult safety net vaccination
31	31	program.
32	32	(c) For the purposes of this section, "equivalent vaccines"
33	33	means two or more vaccines, excluding the influenza vaccine, that
34	34	meet all of the following:
35	35	(1) protect a recipient of a vaccine against the same
36	36	infection or infections;
37	37	(2) require the same number of doses;
38	38	(3) have similar safety and efficacy profiles; and
39	39	(4) are recommended for comparable populations by the
40	40	United States Centers for Disease Control and Prevention.
41	41	(d) If equivalent vaccines that meet the requirements of
42	42	Subsection (c) are available and the cost of one or more of those
43	43	equivalent vaccines exceeds 115 percent of the lowest-priced
44	44	equivalent vaccine, the department shall distribute the
45	45	lowest-priced equivalent vaccine or vaccines.
46	46	(e) This section does not apply in the event of a disaster or
47	47	public health emergency, terrorist attack, hostile military or
48	48	paramilitary action, or extraordinary law enforcement emergency.
49	49	(f) The department shall convene the immunization work
50	50	group established under Section 161.0095 and solicit its
51	51	recommendations regarding development of a plan for the
52	52	implementation of the provider choice system under this section.
53	53	The plan shall include the education of:
54	54	(1) participating health care providers about United
55	55	States Centers for Disease Control and Prevention procedures and
56	56	distribution systems; and
57	57	(2) participating providers about vaccine options,
58	58	the enrollment process, ordering, accountability, and reporting
59	59	procedures.
60	60	SECTION 2. The Department of State Health Services shall
61	61	implement all or part of the provider choice system under Section
62	62	161.0109, Health and Safety Code, as added by this Act, as soon as
63	63	it is determined to be feasible, provided, however, that the
64	64	department shall complete implementation of the system not later
65	65	than August 31, 2010.
66	66	SECTION 3. Effective September 1, 2010, Section 161.0103,
67	67	Health and Safety Code, is repealed.
68	68	SECTION 4. This Act takes effect September 1, 2009.
69	69	* * * * *