Texas 2017 - 85th 1st C.S.

Texas House Bill HB10 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85S11848 DMS-D
2		-	By: Walle, Davis of Harris, Minjarez, Howard, H.B. No. 10
3		-	et al.
	2	+	By: Walle, Davis of Harris, Minjarez, et al. H.B. No. 10
	3	+	Substitute the following for H.B. No. 10:
	4	+	By: Price C.S.H.B. No. 10
4	5
5	6
6	7		A BILL TO BE ENTITLED
7	8		AN ACT
8	9		relating to maternal morbidity and pregnancy-related deaths.
9	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	11		SECTION 1. Section 34.005, Health and Safety Code, is
11	12		amended to read as follows:
12	13		Sec. 34.005. DUTIES OF TASK FORCE. The task force shall:
13	14		(1) study and review:
14	15		(A) cases of pregnancy-related deaths; and
15	16		(B) trends, rates, or disparities in
16	17		pregnancy-related deaths and [in] severe maternal morbidity;
17	18		(2) determine the feasibility of the task force
18	19		studying cases of severe maternal morbidity; [and]
19	20		(3) make recommendations to help reduce the incidence
20	21		of pregnancy-related deaths and severe maternal morbidity in this
21	22		state; and
22	23		(4) identify practice opportunities in maternal
23	24		health care and develop evidence-based best practice
24	25		recommendations for maternal health care, prioritized to address
25	26		the most prevalent causes of pregnancy-related death and severe
26	27		maternal morbidity.
27	28		SECTION 2. Section 34.006(b), Health and Safety Code, is
28	29		amended to read as follows:
29	30		(b) In gathering information, the department and task force
30	31		may consult with representatives of any state agencies,
31	32		collaboratives, and councils and any relevant state professional
32	33		associations and organizations, including:
33	34		(1) District XI of the American Congress of
34	35		Obstetricians and Gynecologists;
35	36		(2) the Texas Association of Obstetricians and
36	37		Gynecologists;
37	38		(3) the Texas Nurses Association;
38	39		(4) the Texas Section of the Association of Women's
39	40		Health, Obstetric and Neonatal Nurses;
40	41		(5) the Texas Academy of Family Physicians;
41	42		(6) the Texas Pediatric Society;
42	43		(7) the Consortium of Texas Certified Nurse-Midwives;
43	44		(8) the Association of Texas Midwives;
44	45		(9) the Texas Hospital Association;
45	46		(10) the Texas Medical Association; [and]
46	47		(11) the Texas Public Health Association;
47	48		(12) the commission;
48	49		(13) the state perinatal quality collaborative; and
49	50		(14) the Perinatal Advisory Council, as defined by
50	51		Section 241.187.
51	52		SECTION 3. Sections 34.007(a) and (b), Health and Safety
52	53		Code, are amended to read as follows:
53	54		(a) The department shall determine a statistically
54	55		significant number of cases of pregnancy-related deaths for review.
55	56		The department shall either randomly select cases or select all
56	57		cases for the task force to review under this subsection to reflect
57	58		a cross-section of pregnancy-related deaths in this state.
58	59		(b) The department shall statistically analyze aggregate
59	60		data of pregnancy-related deaths and severe maternal morbidity in
60	61		this state to identify any trends, rates, or disparities.
61	62		SECTION 4. Chapter 34, Health and Safety Code, is amended by
62	63		adding Sections 34.0156 and 34.0157 to read as follows:
63	64		Sec. 34.0156. MATERNAL HEALTH CARE INFORMATION; ACTION NOT
64	65		CREATED. (a) Using existing resources, the department, in
65	66		collaboration with the task force, the commission, and the state
66	67		perinatal quality collaborative, shall promote and facilitate the
67	68		use among health care providers in this state of maternal health
68	69		care informational materials, including tools and procedures
69	70		related to best practice recommendations for maternal health care
70	71		developed under Section 34.005.
71	72		(b) Not later than December 1 of each even-numbered year,
72	73		the department shall submit to the executive commissioner,
73	74		governor, lieutenant governor, speaker of the house of
74	75		representatives, Legislative Budget Board, and appropriate
75	76		standing committees of the legislature a report that includes:
76	77		(1) a summary of the implementation and outcomes of
77	78		providing the informational materials described by Subsection (a);
78	79		and
79	80		(2) recommendations for improving the informational
80	81		materials provided under Subsection (a).
81	82		(c) Notwithstanding any other law, the promotion,
82	83		facilitation, provision, use, or failure to use the informational
83	84		materials described by Subsection (a) does not create a cause of
84	85		action or create a standard of care, obligation, or duty that
85	86		provides a basis for a cause of action. Evidence that a person
86	87		failed to comply with the practices or procedures recommended in
87	88		the informational materials is not admissible in a civil, judicial,
88	89		or administrative proceeding.
89	90		Sec. 34.0157. FEASIBILITY STUDY RELATED TO MATERNAL HEALTH
90	91		AND SAFETY INITIATIVE. (a) Using existing resources and not later
91	92		than December 1, 2018, the commission shall study and determine the
92	93		feasibility of facilitating the adoption of best practice
93	94		recommendations under Section 34.005 and improving maternal health
94	95		outcomes as part of a value-based and quality improvement
95	96		initiative to promote better health outcomes and to lower costs for
96	97		publicly funded health care services. In conducting the study, the
97	98		commission as necessary shall consult with interested persons,
98	99		including managed care organizations and providers.
99	100		(b) The department shall collaborate with the commission in
100	101		compiling available data and information needed to complete the
101	102		feasibility study under Subsection (a).
102	103		(c) The commission shall include the commission's
103	104		determination from the feasibility study under Subsection (a) in
104	105		the report required by Section 34.0156. The report may be included
105	106		as part of another report the commission is required to submit to
106	107		the legislature.
107	108		(d) This section expires May 1, 2019.
108	109		SECTION 5. Section 34.018, Health and Safety Code, is
109	110		amended to read as follows:
110	111		Sec. 34.018. SUNSET PROVISION. The task force is subject to
111	112		Chapter 325, Government Code (Texas Sunset Act). Unless continued
112	113		in existence as provided by that chapter, the task force is
113	114		abolished and this chapter expires December 31, 2023 [September 1,
114	115		2019].
115	116		SECTION 6. Subchapter D, Chapter 1001, Health and Safety
116	117		Code, is amended by adding Section 1001.0712 to read as follows:
117	118		Sec. 1001.0712. CAUSE OF DEATH DATA IMPROVEMENT. (a) Not
118	119		later than October 1 of each even-numbered year, the department
119	120		shall submit to the governor, lieutenant governor, speaker of the
120	121		house of representatives, and appropriate standing committees of
121	122		the legislature a report on the processes and procedures for
122	123		collecting cause of death information, including any challenges to
123	124		collecting accurate information relating to maternal mortality.
124	125		(b) In preparing the report, the department may examine:
125	126		(1) issues relating to the quality of the death
126	127		information being collected, including the accuracy and
127	128		completeness of the information;
128	129		(2) the role of medical certifiers in death
129	130		information collection;
130	131		(3) the perceptions of the individuals collecting the
131	132		death information regarding the information's integrity;
132	133		(4) the training required for the individuals
133	134		collecting death information; and
134	135		(5) the structural, procedural, and technological
135	136		issues of collecting the information.
136	137		(c) The department, in consultation with the Maternal
137	138		Mortality and Morbidity Task Force, shall examine national
138	139		standards regarding the collection of death information and may
139	140		convene a panel of experts to advise the department and the task
140	141		force in developing recommendations for improving the collection of
141	142		accurate information related to cause of death.
142	143		(d) The report may be included as part of another report the
143	144		department is required to submit to the legislature.
144	145		(e) This section expires September 1, 2021.
145	146		SECTION 7. If before implementing any provision of this Act
146	147		a state agency determines that an additional waiver or additional
147	148		authorization from a federal agency is necessary for implementation
148	149		of that provision, the agency affected by the provision shall
149	150		request the waiver or authorization and may delay implementing that
150	151		provision until the waiver or authorization is granted.
151	152		SECTION 8. This Act takes effect immediately if it receives
152	153		a vote of two-thirds of all the members elected to each house, as
153	154		provided by Section 39, Article III, Texas Constitution. If this
154	155		Act does not receive the vote necessary for immediate effect, this
155	156		Act takes effect on the 91st day after the last day of the
156	157		legislative session.