Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB17 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 17
	1	+	By: Kolkhorst, et al. S.B. No. 17
	2	+	(Burkett, Davis of Harris, Klick, Walle, Thierry, et al.)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to maternal health and safety, pregnancy-related deaths,
6	8		and maternal morbidity, including postpartum depression.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8		-	SECTION 1. Section 34.002(b), Health and Safety Code, is
9		-	amended to read as follows:
10		-	(b) The task force is a multidisciplinary advisory
11		-	committee within the department and is composed of the following 17
12		-	[15] members:
13		-	(1) 15 [13] members appointed by the commissioner as
14		-	follows:
15		-	(A) four physicians specializing in obstetrics,
16		-	at least one of whom is a maternal fetal medicine specialist;
17		-	(B) one certified nurse-midwife;
18		-	(C) one registered nurse;
19		-	(D) one nurse specializing in labor and delivery;
20		-	(E) one physician specializing in family
21		-	practice;
22		-	(F) [(E)] one physician specializing in
23		-	psychiatry;
24		-	(G) [(F)] one physician specializing in
25		-	pathology;
26		-	(H) [(G)] one epidemiologist, biostatistician,
27		-	or researcher of pregnancy-related deaths;
28		-	(I) [(H)] one social worker or social service
29		-	provider;
30		-	(J) [(I)] one community advocate in a relevant
31		-	field; [and]
32		-	(K) [(J)] one medical examiner or coroner
33		-	responsible for recording deaths; and
34		-	(L) one physician specializing in critical care;
35		-	(2) a representative of the department's family and
36		-	community health programs; and
37		-	(3) the state epidemiologist for the department or the
38		-	epidemiologist's designee.
39		-	SECTION 2. Section 34.004, Health and Safety Code, is
40		-	amended by amending Subsection (b) and adding Subsection (c) to
41		-	read as follows:
42		-	(b) Meetings of the task force are [closed to the public and
43		-	are not] subject to Chapter 551, Government Code, except that the
44		-	task force shall conduct a closed meeting to review cases under
45		-	Section 34.007.
46		-	(c) The task force shall:
47		-	(1) allow for public comment during at least one
48		-	public meeting each year;
49		-	(2) present in open session recommendations made under
50		-	Section 34.005 to help reduce the incidence of pregnancy-related
51		-	deaths and severe maternal morbidity in this state; and
52		-	(3) post public notice for meetings conducted for the
53		-	sole purpose of reviewing cases for selection under Section 34.007.
54		-	SECTION 3. Section 34.005, Health and Safety Code, is
	10	+	SECTION 1. Section 34.005, Health and Safety Code, is
55	11		amended to read as follows:
56	12		Sec. 34.005. DUTIES OF TASK FORCE. The task force shall:
57	13		(1) study and review:
58	14		(A) cases of pregnancy-related deaths; [and]
59	15		(B) trends, rates, or disparities in
60	16		pregnancy-related deaths and [in] severe maternal morbidity;
61	17		(C) health conditions and factors that
62	18		disproportionately affect the most at-risk population as
63	19		determined in the joint biennial report required under Section
64	20		34.015; and
65	21		(D) best practices and programs operating in
66	22		other states that have reduced rates of pregnancy-related deaths;
67	23		(2) compare rates of pregnancy-related deaths based on
68	24		the socioeconomic status of the mother;
69	25		(3) determine the feasibility of the task force
70	26		studying cases of severe maternal morbidity; and
71	27		(4) in consultation with the Perinatal Advisory
72	28		Council, [(3)] make recommendations to help reduce the incidence of
73	29		pregnancy-related deaths and severe maternal morbidity in this
74	30		state.
75		-	SECTION 4. Chapter 34, Health and Safety Code, is amended by
	31	+	SECTION 2. Chapter 34, Health and Safety Code, is amended by
76	32		adding Section 34.0055 to read as follows:
77	33		Sec. 34.0055. SCREENING AND EDUCATIONAL MATERIALS FOR
78		-	SUBSTANCE USE AND DOMESTIC VIOLENCE. (a) Using existing
79		-	resources, the commission, in consultation with the task force,
80		-	shall:
	34	+	SUBSTANCE USE. (a) The task force, in coordination with the
	35	+	department, shall:
81	36		(1) make available to physicians and other persons
82		-	licensed or certified to conduct a substance use screening and
83		-	domestic violence screening of pregnant women information that
84		-	includes:
	37	+	licensed or certified to conduct a substance use screening of
	38	+	pregnant women information that includes:
85	39		(A) guidance regarding best practices for
86		-	verbally screening a pregnant woman for substance use and verbally
87		-	screening a pregnant woman for domestic violence using a validated
88		-	screening tool; and
	40	+	verbally screening a pregnant woman for substance use using a
	41	+	validated screening tool; and
89	42		(B) a list of substance use treatment resources
90		-	and domestic violence prevention and intervention resources in each
91		-	geographic region of this state; and
	43	+	in each geographic region of this state; and
92	44		(2) review and promote the use of educational
93		-	materials on the consequences of opioid drug use and on domestic
94		-	violence prevention and intervention during pregnancy.
95		-	(b) The commission shall make the information and
	45	+	materials on the consequences of opioid drug use during pregnancy.
	46	+	(b) The department shall make the information and
96	47		educational materials described by Subsection (a) available on the
97		-	~~commission~~'s Internet website.
98		-	SECTION 5. Sections 34.007(a) and (b), Health and Safety
	48	+	department's Internet website.
	49	+	SECTION 3. Sections 34.007(a) and (b), Health and Safety
99	50		Code, are amended to read as follows:
100	51		(a) The department shall determine a statistically
101	52		significant number of cases of pregnancy-related deaths for review.
102	53		The department shall either randomly select cases or select all
103	54		cases for the task force to review under this subsection to reflect
104	55		a cross-section of pregnancy-related deaths in this state.
105	56		(b) The department shall statistically analyze aggregate
106	57		data of pregnancy-related deaths and severe maternal morbidity in
107	58		this state to identify any trends, rates, or disparities.
108		-	SECTION 6. Section 34.009(d), Health and Safety Code, is
109		-	amended to read as follows:
110		-	(d) Information is not confidential under this section if
111		-	the information is general information that cannot be connected
112		-	with any specific individual, case, or health care provider, such
113		-	as:
114		-	(1) total expenditures made for specified purposes;
115		-	(2) the number of families served by particular health
116		-	care providers or agencies;
117		-	(3) aggregated data on social and economic conditions;
118		-	(4) medical data and information related to health
119		-	care services that do not include any identifying information
120		-	relating to a patient or the patient's family; [and]
121		-	(5) information, including the source, value, and
122		-	purpose, related to gifts, grants, or donations to or for use by the
123		-	task force; and
124		-	(6) other statistical information.
125		-	SECTION 7. Section 34.015(b), Health and Safety Code, is
	59	+	SECTION 4. Section 34.015(b), Health and Safety Code, is
126	60		amended to read as follows:
127	61		(b) The report must include the task force's
128	62		recommendations under Section 34.005(4) [34.005(3)].
129		-	SECTION 8. Chapter 34, Health and Safety Code, is amended by
	63	+	SECTION 5. Chapter 34, Health and Safety Code, is amended by
130	64		adding Sections 34.0155, 34.0156, and 34.0157 to read as follows:
131	65		Sec. 34.0155. REPORT ON PREGNANCY-RELATED DEATHS, SEVERE
132	66		MATERNAL MORBIDITY, AND POSTPARTUM DEPRESSION. The commission
133	67		shall:
134	68		(1) evaluate options for reducing pregnancy-related
135	69		deaths, focusing on the most prevalent causes of pregnancy-related
136	70		deaths as identified in the joint biennial report required under
137	71		Section 34.015, and for treating postpartum depression in
138	72		economically disadvantaged women;
139	73		(2) in coordination with the department and the task
140	74		force, identify strategies to:
141	75		(A) lower costs of providing medical assistance
142	76		under Chapter 32, Human Resources Code, related to severe maternal
143	77		morbidity and chronic illness; and
144	78		(B) improve quality outcomes related to the
145	79		underlying causes of severe maternal morbidity and chronic illness;
146	80		and
147	81		(3) not later than December 1 of each even-numbered
148	82		year, submit to the governor, the lieutenant governor, the speaker
149	83		of the house of representatives, the Legislative Budget Board, and
150	84		the appropriate standing committees of the legislature a written
151	85		report that includes:
152	86		(A) a summary of the commission's and
153	87		department's efforts to accomplish the tasks described by
154	88		Subdivisions (1) and (2); and
155	89		(B) a summary of the report required by Section
156	90		34.0156.
157	91		Sec. 34.0156. MATERNAL HEALTH AND SAFETY INITIATIVE.
158	92		(a) Using existing resources, the department, in collaboration
159	93		with the task force, shall promote and facilitate the use among
160	94		health care providers in this state of maternal health and safety
161	95		informational materials, including tools and procedures related to
162	96		best practices in maternal health and safety.
163	97		(b) Not later than December 1 of each even-numbered year,
164	98		the department shall submit a report to the executive commissioner
165	99		that includes:
166	100		(1) a summary of the initiative's implementation and
167	101		outcomes; and
168	102		(2) recommendations for improving the effectiveness
169	103		of the initiative.
170	104		Sec. 34.0157. FEASIBILITY STUDY RELATED TO MATERNAL HEALTH
171	105		AND SAFETY INITIATIVE. (a) Using existing resources and not later
172	106		than December 1, 2018, the commission shall study and determine the
173	107		feasibility of adding a provider's use of procedures included in
174	108		the maternal health and safety initiative described by Section
175	109		34.0156 as an indicator of quality for commission data and medical
176	110		assistance quality-based payment purposes.
177	111		(b) The department shall collaborate with the commission in
178	112		compiling available data and information needed to complete the
179	113		feasibility study.
180	114		(c) The commission shall include the commission's
181	115		determination from the feasibility study in the report required by
182	116		Section 34.0155.
183	117		(d) This section expires May 1, 2019.
184		-	SECTION 9. Section 34.018, Health and Safety Code, is
	118	+	SECTION 6. Section 34.018, Health and Safety Code, is
185	119		amended to read as follows:
186	120		Sec. 34.018. SUNSET PROVISION. The task force is subject to
187	121		Chapter 325, Government Code (Texas Sunset Act). Unless continued
188	122		in existence as provided by that chapter, the task force is
189	123		abolished and this chapter expires September 1, 2023 [2019].
190		-	SECTION 10. Subchapter D, Chapter 1001, Health and Safety
	124	+	SECTION 7. Subchapter D, Chapter 1001, Health and Safety
191	125		Code, is amended by adding Section 1001.0712 to read as follows:
192	126		Sec. 1001.0712. CAUSE OF DEATH DATA IMPROVEMENT. (a) Not
193	127		later than December 1 of each even-numbered year, the department
194	128		shall submit to the governor, lieutenant governor, speaker of the
195	129		house of representatives, and appropriate standing committees of
196	130		the legislature a report on the processes and procedures for
197	131		collecting cause of death information, including any challenges to
198	132		collecting accurate information relating to maternal mortality.
199	133		(b) In preparing the report, the department may examine:
200	134		(1) issues relating to the quality of the death
201	135		information being collected, including the accuracy and
202	136		completeness of the information;
203	137		(2) the role of medical certifiers in death
204	138		information collection;
205	139		(3) the perceptions of the individuals collecting the
206	140		death information regarding the information's integrity;
207	141		(4) the training required for the individuals
208	142		collecting death information; and
209	143		(5) the structural, procedural, and technological
210	144		issues of collecting the information.
211	145		(c) The department, in consultation with the Maternal
212	146		Mortality and Morbidity Task Force, shall examine national
213	147		standards regarding the collection of death information and may
214	148		convene a panel of experts to advise the department and the task
215	149		force in developing recommendations for improving the collection of
216	150		accurate information related to cause of death.
217	151		(d) The report may be included as part of another report the
218	152		department is required to submit to the legislature.
219	153		(e) This section expires September 1, 2021.
220		-	SECTION 11. Not later than June 1, 2018, the ~~Health and~~
221		-	~~Human Services Commission shall make available~~ the ~~information and~~
222		-	~~educational materials described by Section 34.0055,~~ Health and
223		-	~~Safety Code,~~ ~~as added~~ by ~~this Act.~~
224		-	SECTION 12. ~~If before implementing any provision of~~ this
225		-	Act ~~a state agency determines that an additional waiver or~~
226		-	additional ~~authorization from a federal agency is necessary for~~
227		-	~~implementation of that provision, the~~ agency ~~affected by the~~
228		-	provision shall ~~request the waiver or authorization and may delay~~
229		-	~~implementing that provision until~~ the waiver or authorization is
230		-	granted.
231		-	SECTION 13. This Act takes effect immediately if it
	154	+	SECTION 8. Not later than June 1, 2018, the Maternal
	155	+	Mortality and Morbidity Task Force, in coordination with the
	156	+	Department of State Health Services, shall develop and make
	157	+	available the information and educational materials described by
	158	+	Section 34.0055, Health and Safety Code, as added by this Act.
	159	+	SECTION 9. If before implementing any provision of this Act
	160	+	a state agency determines that an additional waiver or additional
	161	+	authorization from a federal agency is necessary for implementation
	162	+	of that provision, the agency affected by the provision shall
	163	+	request the waiver or authorization and may delay implementing that
	164	+	provision until the waiver or authorization is granted.
	165	+	SECTION 10. This Act takes effect immediately if it
232	166		receives a vote of two-thirds of all the members elected to each
233	167		house, as provided by Section 39, Article III, Texas Constitution.
234	168		If this Act does not receive the vote necessary for immediate
235	169		effect, this Act takes effect on the 91st day after the last day of
236	170		the legislative session.
237		-	______________________________ ______________________________
238		-	President of the Senate Speaker of the House
239		-	I hereby certify that S.B. No. 17 passed the Senate on
240		-	July 25, 2017, by the following vote: Yeas 31, Nays 0; and that the
241		-	Senate concurred in House amendments on August 15, 2017, by the
242		-	following vote: Yeas 31, Nays 0.
243		-	______________________________
244		-	Secretary of the Senate
245		-	I hereby certify that S.B. No. 17 passed the House, with
246		-	amendments, on August 14, 2017, by the following vote: Yeas 146,
247		-	Nays 0, two present not voting.
248		-	______________________________
249		-	Chief Clerk of the House
250		-	Approved:
251		-	______________________________
252		-	Date
253		-	______________________________
254		-	Governor