85S11848 DMS-D
By: Walle, Davis of Harris, Minjarez, Howard, H.B. No. 10
et al.
A BILL TO BE ENTITLED
AN ACT
relating to maternal morbidity and pregnancy-related deaths.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 34.005, Health and Safety Code, is
amended to read as follows:
Sec. 34.005. DUTIES OF TASK FORCE. The task force shall:
(1) study and review:
(A) cases of pregnancy-related deaths; and
(B) trends, rates, or disparities in
pregnancy-related deaths and [in] severe maternal morbidity;
(2) determine the feasibility of the task force
studying cases of severe maternal morbidity; [and]
(3) make recommendations to help reduce the incidence
of pregnancy-related deaths and severe maternal morbidity in this
state; and
(4) identify practice opportunities in maternal
health care and develop evidence-based best practice
recommendations for maternal health care, prioritized to address
the most prevalent causes of pregnancy-related death and severe
maternal morbidity.
SECTION 2. Section 34.006(b), Health and Safety Code, is
amended to read as follows:
(b) In gathering information, the department and task force
may consult with representatives of any state agencies,
collaboratives, and councils and any relevant state professional
associations and organizations, including:
(1) District XI of the American Congress of
Obstetricians and Gynecologists;
(2) the Texas Association of Obstetricians and
Gynecologists;
(3) the Texas Nurses Association;
(4) the Texas Section of the Association of Women's
Health, Obstetric and Neonatal Nurses;
(5) the Texas Academy of Family Physicians;
(6) the Texas Pediatric Society;
(7) the Consortium of Texas Certified Nurse-Midwives;
(8) the Association of Texas Midwives;
(9) the Texas Hospital Association;
(10) the Texas Medical Association; [and]
(11) the Texas Public Health Association;
(12) the commission;
(13) the state perinatal quality collaborative; and
(14) the Perinatal Advisory Council, as defined by
Section 241.187.
SECTION 3. Sections 34.007(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) The department shall determine a statistically
significant number of cases of pregnancy-related deaths for review.
The department shall either randomly select cases or select all
cases for the task force to review under this subsection to reflect
a cross-section of pregnancy-related deaths in this state.
(b) The department shall statistically analyze aggregate
data of pregnancy-related deaths and severe maternal morbidity in
this state to identify any trends, rates, or disparities.
SECTION 4. Chapter 34, Health and Safety Code, is amended by
adding Sections 34.0156 and 34.0157 to read as follows:
Sec. 34.0156. MATERNAL HEALTH CARE INFORMATION; ACTION NOT
CREATED. (a) Using existing resources, the department, in
collaboration with the task force, the commission, and the state
perinatal quality collaborative, shall promote and facilitate the
use among health care providers in this state of maternal health
care informational materials, including tools and procedures
related to best practice recommendations for maternal health care
developed under Section 34.005.
(b) Not later than December 1 of each even-numbered year,
the department shall submit to the executive commissioner,
governor, lieutenant governor, speaker of the house of
representatives, Legislative Budget Board, and appropriate
standing committees of the legislature a report that includes:
(1) a summary of the implementation and outcomes of
providing the informational materials described by Subsection (a);
and
(2) recommendations for improving the informational
materials provided under Subsection (a).
(c) Notwithstanding any other law, the promotion,
facilitation, provision, use, or failure to use the informational
materials described by Subsection (a) does not create a cause of
action or create a standard of care, obligation, or duty that
provides a basis for a cause of action. Evidence that a person
failed to comply with the practices or procedures recommended in
the informational materials is not admissible in a civil, judicial,
or administrative proceeding.
Sec. 34.0157. FEASIBILITY STUDY RELATED TO MATERNAL HEALTH
AND SAFETY INITIATIVE. (a) Using existing resources and not later
than December 1, 2018, the commission shall study and determine the
feasibility of facilitating the adoption of best practice
recommendations under Section 34.005 and improving maternal health
outcomes as part of a value-based and quality improvement
initiative to promote better health outcomes and to lower costs for
publicly funded health care services. In conducting the study, the
commission as necessary shall consult with interested persons,
including managed care organizations and providers.
(b) The department shall collaborate with the commission in
compiling available data and information needed to complete the
feasibility study under Subsection (a).
(c) The commission shall include the commission's
determination from the feasibility study under Subsection (a) in
the report required by Section 34.0156. The report may be included
as part of another report the commission is required to submit to
the legislature.
(d) This section expires May 1, 2019.
SECTION 5. Section 34.018, Health and Safety Code, is
amended to read as follows:
Sec. 34.018. SUNSET PROVISION. The task force is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the task force is
abolished and this chapter expires December 31, 2023 [September 1,
2019].
SECTION 6. Subchapter D, Chapter 1001, Health and Safety
Code, is amended by adding Section 1001.0712 to read as follows:
Sec. 1001.0712. CAUSE OF DEATH DATA IMPROVEMENT. (a) Not
later than October 1 of each even-numbered year, the department
shall submit to the governor, lieutenant governor, speaker of the
house of representatives, and appropriate standing committees of
the legislature a report on the processes and procedures for
collecting cause of death information, including any challenges to
collecting accurate information relating to maternal mortality.
(b) In preparing the report, the department may examine:
(1) issues relating to the quality of the death
information being collected, including the accuracy and
completeness of the information;
(2) the role of medical certifiers in death
information collection;
(3) the perceptions of the individuals collecting the
death information regarding the information's integrity;
(4) the training required for the individuals
collecting death information; and
(5) the structural, procedural, and technological
issues of collecting the information.
(c) The department, in consultation with the Maternal
Mortality and Morbidity Task Force, shall examine national
standards regarding the collection of death information and may
convene a panel of experts to advise the department and the task
force in developing recommendations for improving the collection of
accurate information related to cause of death.
(d) The report may be included as part of another report the
department is required to submit to the legislature.
(e) This section expires September 1, 2021.
SECTION 7. If before implementing any provision of this Act
a state agency determines that an additional waiver or additional
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 8. 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 on the 91st day after the last day of the
legislative session.