By: Carona S.B. No. 479
(In the Senate - Filed January 14, 2009; February 17, 2009,
read first time and referred to Committee on Health and Human
Services; March 17, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
March 17, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 479 By: Deuell
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 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 United
States Centers for Disease Control and Prevention; 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
United States Centers for Disease Control and Prevention.
(d) If equivalent vaccines that meet the requirements of
Subsection (c) are available and the cost of one or more of those
equivalent vaccines exceeds 115 percent of the lowest-priced
equivalent vaccine, the department shall distribute the
lowest-priced equivalent vaccine or vaccines.
(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:
(1) participating health care providers about United
States Centers for Disease Control and Prevention procedures and
distribution systems; and
(2) participating providers about vaccine options,
the enrollment process, ordering, accountability, and reporting
procedures.
SECTION 2. The Department of State Health Services shall
implement all or part of the provider choice system under Section
161.0109, 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 3. Effective September 1, 2010, Section 161.0103,
Health and Safety Code, is repealed.
SECTION 4. This Act takes effect September 1, 2009.
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