Texas 2015 - 84th Regular

Texas House Bill HB3433 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Sheffield, Springer, Clardy H.B. No. 3433
2		-	(Senate Sponsor - Kolkhorst)
3		-	(In the Senate - Received from the House May 11, 2015;
4		-	May 12, 2015, read first time and referred to Committee on Health
5		-	and Human Services; May 20, 2015, reported favorably by the
6		-	following vote: Yeas 7, Nays 0; May 20, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 3433
8	2
9	3
10		-	COMMITTEE VOTE
11		-	YeaNayAbsentPNV
12		-	SchwertnerX
13		-	KolkhorstX
14		-	CampbellX
15		-	EstesX
16		-	PerryX
17		-	RodríguezX
18		-	TaylorofCollinX
19		-	UrestiX
20		-	ZaffiriniX
21		-	A BILL TO BE ENTITLED
22	4		AN ACT
23	5		relating to level of care designations for hospitals that provide
24	6		neonatal and maternal care.
25	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
26	8		SECTION 1. Sections 241.187(b), (d), and (j), Health and
27	9		Safety Code, as added by Chapter 217 (H.B. 15), Acts of the 83rd
28	10		Legislature, Regular Session, 2013, are amended to read as follows:
29	11		(b) The advisory council consists of 19 [17] members
30	12		appointed by the executive commissioner as follows:
31	13		(1) four physicians licensed to practice medicine
32	14		under Subtitle B, Title 3, Occupations Code, specializing in
33	15		neonatology:
34	16		(A) at least two of whom practice in a Level III
35	17		or IV neonatal intensive care unit; and
36	18		(B) at least one of whom practices in a neonatal
37	19		intensive care unit of a hospital located in a rural area;
38	20		(2) one physician licensed to practice medicine under
39	21		Subtitle B, Title 3, Occupations Code, specializing in general
40	22		pediatrics;
41	23		(3) two physicians licensed to practice medicine under
42	24		Subtitle B, Title 3, Occupations Code, specializing in
43	25		obstetrics-gynecology;
44	26		(4) two physicians licensed to practice medicine under
45	27		Subtitle B, Title 3, Occupations Code, specializing in maternal
46	28		fetal medicine;
47	29		(5) two physicians [one physician] licensed to
48	30		practice medicine under Subtitle B, Title 3, Occupations Code,
49	31		specializing in family practice who provide [provides] obstetrical
50	32		care in a rural community, at least one of whom must provide such
51	33		care at a hospital that has 50 or fewer patient beds and that is:
52	34		(A) located in a county with a population of
53	35		60,000 or less; or
54	36		(B) designated by the Centers for Medicare and
55	37		Medicaid Services as a critical access hospital, rural referral
56	38		center, or sole community hospital;
57	39		(6) one registered nurse licensed under Subtitle E,
58	40		Title 3, Occupations Code, with expertise in maternal health care
59	41		delivery;
60	42		(7) one registered nurse licensed under Subtitle E,
61	43		Title 3, Occupations Code, with expertise in perinatal health care
62	44		delivery;
63	45		(8) one representative from a children's hospital;
64	46		(9) one representative from a hospital with a Level II
65	47		neonatal intensive care unit;
66	48		(10) two representatives [one representative] from a
67	49		rural hospital, at least one of whom must be an administrative
68	50		representative from a hospital that has 50 or fewer patient beds and
69	51		that is:
70	52		(A) located in a county with a population of
71	53		60,000 or less; or
72	54		(B) designated by the Centers for Medicare and
73	55		Medicaid Services as a critical access hospital, rural referral
74	56		center, or sole community hospital;
75	57		(11) one representative from a general hospital; and
76	58		(12) one ex officio representative from the office of
77	59		the medical director of the Health and Human Services Commission.
78	60		(d) Members of the advisory council described by
79	61		Subsections (b)(1)-(11) serve staggered three-year terms, with the
80	62		terms of [five or] six of those members expiring September 1 of each
81	63		year. A member may be reappointed to the advisory council.
82	64		(j) The advisory council shall submit a report detailing the
83	65		advisory council's determinations and recommendations to the
84	66		department and the executive commissioner not later than September
85	67		1, 2016 [2015].
86	68		SECTION 2. Notwithstanding Section 241.187, Health and
87	69		Safety Code, as added by Chapter 217 (H.B. 15), Acts of the 83rd
88	70		Legislature, Regular Session, 2013, and as amended by this Act, of
89	71		the two additional persons appointed to the Perinatal Advisory
90	72		Council by this Act, the executive commissioner of the Health and
91	73		Human Services Commission shall appoint the additional member
92	74		described by Section 241.187(b)(5), Health and Safety Code, to an
93	75		initial term that expires September 1, 2019, and the additional
94	76		member described by Section 241.187(b)(10), Health and Safety Code,
95	77		to an initial term that expires September 1, 2017. The executive
96	78		commissioner shall make the appointments not later than October 1,
97	79		2015.
98	80		SECTION 3. Notwithstanding Section 2, Chapter 217 (H.B.
99	81		15), Acts of the 83rd Legislature, Regular Session, 2013:
100	82		(1) the executive commissioner of the Health and Human
101	83		Services Commission shall adopt the initial rules required by
102	84		Section 241.183, Health and Safety Code, as added by Chapter 217
103	85		(H.B. 15), Acts of the 83rd Legislature, Regular Session, 2013, not
104	86		later than March 1, 2018, after consideration of the report of the
105	87		Perinatal Advisory Council;
106	88		(2) the executive commissioner of the Health and Human
107	89		Services Commission shall complete for each hospital in this state:
108	90		(A) the neonatal level of care designation not
109	91		later than August 31, 2018; and
110	92		(B) the maternal level of care designation not
111	93		later than August 31, 2020; and
112	94		(3) a hospital is not required to have:
113	95		(A) a neonatal level of care designation as a
114	96		condition of reimbursement for neonatal services through the
115	97		Medicaid program before September 1, 2018; and
116	98		(B) a maternal level of care designation as a
117	99		condition of reimbursement for maternal services through the
118	100		Medicaid program before September 1, 2020.
119	101		SECTION 4. If before implementing any provision of this Act
120	102		a state agency determines that a waiver or authorization from a
121	103		federal agency is necessary for implementation of that provision,
122	104		the agency affected by the provision shall request the waiver or
123	105		authorization and may delay implementing that provision until the
124	106		waiver or authorization is granted.
125	107		SECTION 5. This Act takes effect immediately if it receives
126	108		a vote of two-thirds of all the members elected to each house, as
127	109		provided by Section 39, Article III, Texas Constitution. If this
128	110		Act does not receive the vote necessary for immediate effect, this
129	111		Act takes effect September 1, 2015.
130		-	* * * * *
	112	+	______________________________ ______________________________
	113	+	President of the Senate Speaker of the House
	114	+	I certify that H.B. No. 3433 was passed by the House on May 8,
	115	+	2015, by the following vote: Yeas 141, Nays 1, 2 present, not
	116	+	voting.
	117	+	______________________________
	118	+	Chief Clerk of the House
	119	+	I certify that H.B. No. 3433 was passed by the Senate on May
	120	+	23, 2015, by the following vote: Yeas 31, Nays 0.
	121	+	______________________________
	122	+	Secretary of the Senate
	123	+	APPROVED: _____________________
	124	+	Date
	125	+	_____________________
	126	+	Governor