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Texas House Bill HB9

Texas 2017 - 85th 1st C.S.

Texas House Bill HB9 Compare Versions

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1+85S11757 DMS-D
12 By: Burkett, Davis of Harris, Morrison, H.B. No. 9
2- Klick, Walle, et al.
3+ Klick, et al.
4+ Substitute the following for H.B. No. 9:
5+ By: Price C.S.H.B. No. 9
36
47
58 A BILL TO BE ENTITLED
69 AN ACT
710 relating to maternal health and safety, pregnancy-related deaths,
811 and maternal morbidity, including postpartum depression.
912 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10- SECTION 1. Section 34.004(b), Health and Safety Code, is
11- amended to read as follows:
12- (b) Meetings of the task force are [closed to the public and
13- are not] subject to Chapter 551, Government Code.
14- SECTION 2. Section 34.005, Health and Safety Code, is
13+ SECTION 1. Section 34.005, Health and Safety Code, is
1514 amended to read as follows:
1615 Sec. 34.005. DUTIES OF TASK FORCE. The task force shall:
1716 (1) study and review:
1817 (A) cases of pregnancy-related deaths; [and]
1918 (B) trends, rates, or disparities in
2019 pregnancy-related deaths and [in] severe maternal morbidity;
2120 (C) health conditions and factors that
2221 disproportionately affect the most at-risk population as
2322 determined in the joint biennial report required under Section
2423 34.015; and
2524 (D) best practices and programs operating in
2625 other states that have reduced rates of pregnancy-related deaths;
2726 (2) compare rates of pregnancy-related deaths based on
2827 the socioeconomic status of the mother;
2928 (3) determine the feasibility of the task force
3029 studying cases of severe maternal morbidity; and
3130 (4) in consultation with the Perinatal Advisory
3231 Council, [(3)] make recommendations to help reduce the incidence of
3332 pregnancy-related deaths and severe maternal morbidity in this
3433 state.
35- SECTION 3. Chapter 34, Health and Safety Code, is amended by
34+ SECTION 2. Chapter 34, Health and Safety Code, is amended by
3635 adding Section 34.0055 to read as follows:
3736 Sec. 34.0055. SCREENING AND EDUCATIONAL MATERIALS FOR
38- SUBSTANCE USE AND DOMESTIC VIOLENCE. (a) Using existing
39- resources, the commission, in consultation with the task force,
40- shall:
37+ SUBSTANCE USE. (a) The task force, in coordination with the
38+ department, shall:
4139 (1) make available to physicians and other persons
42- licensed or certified to conduct a substance use and domestic
43- violence screening of pregnant women information that includes:
40+ licensed or certified to conduct a substance use screening of
41+ pregnant women information that includes:
4442 (A) guidance regarding best practices for
45- verbally screening a pregnant woman for substance use and domestic
46- violence using a validated screening tool; and
43+ verbally screening a pregnant woman for substance use using a
44+ validated screening tool; and
4745 (B) a list of substance use treatment resources
48- and domestic violence prevention and intervention resources in each
49- geographic region of this state; and
46+ in each geographic region of this state; and
5047 (2) review and promote the use of educational
51- materials on the consequences of opioid drug use and on domestic
52- violence prevention and intervention during pregnancy.
53- (b) The commission shall make available on the commission's
48+ materials on the consequences of opioid drug use during pregnancy.
49+ (b) The department shall make available on the department's
5450 Internet website the information and educational materials
5551 described by Subsection (a).
56- SECTION 4. Sections 34.007(a) and (b), Health and Safety
52+ SECTION 3. Sections 34.007(a) and (b), Health and Safety
5753 Code, are amended to read as follows:
5854 (a) The department shall determine a statistically
5955 significant number of cases of pregnancy-related deaths for review.
6056 The department shall either randomly select cases or select all
6157 cases for the task force to review under this subsection to reflect
6258 a cross-section of pregnancy-related deaths in this state.
6359 (b) The department shall statistically analyze aggregate
6460 data of pregnancy-related deaths and severe maternal morbidity in
6561 this state to identify any trends, rates, or disparities.
66- SECTION 5. Section 34.009(d), Health and Safety Code, is
62+ SECTION 4. Section 34.015(b), Health and Safety Code, is
6763 amended to read as follows:
68- (d) Information is not confidential under this section if
69- the information is general information that cannot be connected
70- with any specific individual, case, or health care provider, such
71- as:
72- (1) total expenditures made for specified purposes;
73- (2) the number of families served by particular health
74- care providers or agencies;
75- (3) aggregated data on social and economic conditions;
76- (4) medical data and information related to health
77- care services that do not include any identifying information
78- relating to a patient or the patient's family; [and]
79- (5) an abstract concerning a maternal death that does
80- not include identifying information relating to a patient, the
81- patient's family, or a health care provider;
82- (6) information, including the source, value, and
83- purpose, related to gifts, grants, or donations to or for use by the
84- task force; and
85- (7) other statistical information.
86- SECTION 6. Section 34.015, Health and Safety Code, is
87- amended by amending Subsections (b) and (c) and adding Subsection
88- (d) to read as follows:
8964 (b) The report must include the task force's
9065 recommendations under Section 34.005(4) [34.005(3)].
91- (c) The report must include for each death reviewed an
92- abstract that does not include information that could be used to
93- identify the patient, a member of the patient's family, or a
94- provider.
95- (d) The department shall disseminate the report to the state
96- professional associations and organizations listed in Section
97- 34.006(b) and make the report publicly available in paper or
98- electronic form.
99- SECTION 7. Chapter 34, Health and Safety Code, is amended by
66+ SECTION 5. Chapter 34, Health and Safety Code, is amended by
10067 adding Sections 34.0155, 34.0156, and 34.0157 to read as follows:
10168 Sec. 34.0155. REPORT ON PREGNANCY-RELATED DEATHS, SEVERE
10269 MATERNAL MORBIDITY, AND POSTPARTUM DEPRESSION. The commission
10370 shall:
10471 (1) evaluate options for reducing pregnancy-related
10572 deaths, focusing on the most prevalent causes of pregnancy-related
10673 deaths as identified in the joint biennial report required under
10774 Section 34.015, and for treating postpartum depression in
10875 economically disadvantaged women;
10976 (2) in coordination with the department and the task
11077 force, identify strategies to:
11178 (A) lower costs of providing medical assistance
11279 under Chapter 32, Human Resources Code, related to severe maternal
11380 morbidity and chronic illness; and
11481 (B) improve quality outcomes related to the
11582 underlying causes of severe maternal morbidity and chronic illness;
11683 and
11784 (3) not later than December 1 of each even-numbered
11885 year, submit to the governor, the lieutenant governor, the speaker
11986 of the house of representatives, the Legislative Budget Board, and
12087 the appropriate standing committees of the legislature a written
12188 report that includes:
12289 (A) a summary of the commission's and
12390 department's efforts to accomplish the tasks described by
12491 Subdivisions (1) and (2); and
12592 (B) a summary of the report required by Section
12693 34.0156.
12794 Sec. 34.0156. MATERNAL HEALTH AND SAFETY INITIATIVE. (a)
12895 Using existing resources, the department, in collaboration with the
12996 task force, shall promote and facilitate the use among health care
13097 providers in this state of maternal health and safety informational
13198 materials, including tools and procedures related to best practices
13299 in maternal health and safety.
133100 (b) Not later than December 1 of each even-numbered year,
134101 the department shall submit a report to the executive commissioner
135102 that includes:
136103 (1) a summary of the initiative's implementation and
137104 outcomes; and
138105 (2) recommendations for improving the effectiveness
139106 of the initiative.
140107 Sec. 34.0157. FEASIBILITY STUDY RELATED TO MATERNAL HEALTH
141108 AND SAFETY INITIATIVE. (a) Using existing resources and not later
142109 than December 1, 2018, the commission shall study and determine the
143110 feasibility of adding a provider's use of procedures included in
144111 the maternal health and safety initiative described by Section
145112 34.0156 as an indicator of quality for commission data and medical
146113 assistance quality-based payment purposes.
147114 (b) The department shall collaborate with the commission in
148115 compiling available data and information needed to complete the
149116 feasibility study.
150117 (c) The commission shall include the commission's
151118 determination from the feasibility study in the report required by
152119 Section 34.0155.
153120 (d) This section expires May 1, 2019.
154- SECTION 8. Section 34.018, Health and Safety Code, is
121+ SECTION 6. Section 34.018, Health and Safety Code, is
155122 amended to read as follows:
156123 Sec. 34.018. SUNSET PROVISION. The task force is subject to
157124 Chapter 325, Government Code (Texas Sunset Act). Unless continued
158125 in existence as provided by that chapter, the task force is
159126 abolished and this chapter expires September 1, 2023 [2019].
160- SECTION 9. Subchapter D, Chapter 1001, Health and Safety
127+ SECTION 7. Subchapter D, Chapter 1001, Health and Safety
161128 Code, is amended by adding Section 1001.0712 to read as follows:
162129 Sec. 1001.0712. CAUSE OF DEATH DATA IMPROVEMENT. (a) Not
163130 later than December 1 of each even-numbered year, the department
164131 shall submit to the governor, lieutenant governor, speaker of the
165132 house of representatives, and appropriate standing committees of
166133 the legislature a report on the processes and procedures for
167134 collecting cause of death information, including any challenges to
168135 collecting accurate information relating to maternal mortality.
169136 (b) In preparing the report, the department may examine:
170137 (1) issues relating to the quality of the death
171138 information being collected, including the accuracy and
172139 completeness of the information;
173140 (2) the role of medical certifiers in death
174141 information collection;
175142 (3) the perceptions of the individuals collecting the
176143 death information regarding the information's integrity;
177144 (4) the training required for the individuals
178145 collecting death information; and
179146 (5) the structural, procedural, and technological
180147 issues of collecting the information.
181148 (c) The department, in consultation with the Maternal
182149 Mortality and Morbidity Task Force, shall examine national
183150 standards regarding the collection of death information and may
184151 convene a panel of experts to advise the department and the task
185152 force in developing recommendations for improving the collection of
186153 accurate information related to cause of death.
187154 (d) The report may be included as part of another report the
188155 department is required to submit to the legislature.
189156 (e) This section expires September 1, 2021.
190- SECTION 10. Not later than June 1, 2018, the Health and
191- Human Services Commission shall make available information and
192- educational materials described by Section 34.0055, Health and
193- Safety Code, as added by this Act.
194- SECTION 11. If before implementing any provision of this
195- Act a state agency determines that an additional waiver or
196- additional authorization from a federal agency is necessary for
197- implementation of that provision, the agency affected by the
198- provision shall request the waiver or authorization and may delay
199- implementing that provision until the waiver or authorization is
200- granted.
201- SECTION 12. This Act takes effect immediately if it
157+ SECTION 8. Not later than June 1, 2018, the Maternal
158+ Mortality and Morbidity Task Force, in coordination with the
159+ Department of State Health Services, shall make available the
160+ information and educational materials described by Section
161+ 34.0055, Health and Safety Code, as added by this Act.
162+ SECTION 9. If before implementing any provision of this Act
163+ a state agency determines that an additional waiver or additional
164+ authorization from a federal agency is necessary for implementation
165+ of that provision, the agency affected by the provision shall
166+ request the waiver or authorization and may delay implementing that
167+ provision until the waiver or authorization is granted.
168+ SECTION 10. This Act takes effect immediately if it
202169 receives a vote of two-thirds of all the members elected to each
203170 house, as provided by Section 39, Article III, Texas Constitution.
204171 If this Act does not receive the vote necessary for immediate
205172 effect, this Act takes effect on the 91st day after the last day of
206173 the legislative session.