84R15689 CJC-F
By: Sheffield, Springer, Clardy H.B. No. 3433
A BILL TO BE ENTITLED
AN ACT
relating to level of care designations for hospitals that provide
neonatal and maternal care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 241.187(b), (d), and (j), Health and
Safety Code, as added by Chapter 217 (H.B. 15), Acts of the 83rd
Legislature, Regular Session, 2013, are amended to read as follows:
(b) The advisory council consists of 19 [17] members
appointed by the executive commissioner as follows:
(1) four physicians licensed to practice medicine
under Subtitle B, Title 3, Occupations Code, specializing in
neonatology:
(A) at least two of whom practice in a Level III
or IV neonatal intensive care unit; and
(B) at least one of whom practices in a neonatal
intensive care unit of a hospital located in a rural area;
(2) one physician licensed to practice medicine under
Subtitle B, Title 3, Occupations Code, specializing in general
pediatrics;
(3) two physicians licensed to practice medicine under
Subtitle B, Title 3, Occupations Code, specializing in
obstetrics-gynecology;
(4) two physicians licensed to practice medicine under
Subtitle B, Title 3, Occupations Code, specializing in maternal
fetal medicine;
(5) two physicians [one physician] licensed to
practice medicine under Subtitle B, Title 3, Occupations Code,
specializing in family practice who provide [provides] obstetrical
care in a rural community, at least one of whom must provide such
care at a hospital that has 50 or fewer patient beds and that is:
(A) located in a county with a population of
60,000 or less; or
(B) designated by the Centers for Medicare and
Medicaid Services as a critical access hospital, rural referral
center, or sole community hospital;
(6) one registered nurse licensed under Subtitle E,
Title 3, Occupations Code, with expertise in maternal health care
delivery;
(7) one registered nurse licensed under Subtitle E,
Title 3, Occupations Code, with expertise in perinatal health care
delivery;
(8) one representative from a children's hospital;
(9) one representative from a hospital with a Level II
neonatal intensive care unit;
(10) two representatives [one representative] from a
rural hospital, at least one of whom must be an administrative
representative from a hospital that has 50 or fewer patient beds and
that is:
(A) located in a county with a population of
60,000 or less; or
(B) designated by the Centers for Medicare and
Medicaid Services as a critical access hospital, rural referral
center, or sole community hospital;
(11) one representative from a general hospital; and
(12) one ex officio representative from the office of
the medical director of the Health and Human Services Commission.
(d) Members of the advisory council described by
Subsections (b)(1)-(11) serve staggered three-year terms, with the
terms of [five or] six of those members expiring September 1 of each
year. A member may be reappointed to the advisory council.
(j) The advisory council shall submit a report detailing the
advisory council's determinations and recommendations to the
department and the executive commissioner not later than September
1, 2016 [2015].
SECTION 2. Notwithstanding Section 241.187, Health and
Safety Code, as added by Chapter 217 (H.B. 15), Acts of the 83rd
Legislature, Regular Session, 2013, and as amended by this Act, of
the two additional persons appointed to the Perinatal Advisory
Council by this Act, the executive commissioner of the Health and
Human Services Commission shall appoint the additional member
described by Section 241.187(b)(5), Health and Safety Code, to an
initial term that expires September 1, 2019, and the additional
member described by Section 241.187(b)(10), Health and Safety Code,
to an initial term that expires September 1, 2017. The executive
commissioner shall make the appointments not later than October 1,
2015.
SECTION 3. Notwithstanding Section 2, Chapter 217 (H.B.
15), Acts of the 83rd Legislature, Regular Session, 2013:
(1) the executive commissioner of the Health and Human
Services Commission shall adopt the initial rules required by
Section 241.183, Health and Safety Code, as added by Chapter 217
(H.B. 15), Acts of the 83rd Legislature, Regular Session, 2013, not
later than March 1, 2018, after consideration of the report of the
Perinatal Advisory Council;
(2) the executive commissioner of the Health and Human
Services Commission shall complete for each hospital in this state:
(A) the neonatal level of care designation not
later than August 31, 2018; and
(B) the maternal level of care designation not
later than August 31, 2020; and
(3) a hospital is not required to have:
(A) a neonatal level of care designation as a
condition of reimbursement for neonatal services through the
Medicaid program before September 1, 2018; and
(B) a maternal level of care designation as a
condition of reimbursement for maternal services through the
Medicaid program before September 1, 2020.
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.