4 | 6 | | AN ACT |
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5 | 7 | | relating to maternal and newborn health care and the quality of |
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6 | 8 | | services provided to women in this state under certain health care |
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7 | 9 | | programs. |
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8 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 11 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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10 | 12 | | amended by adding Section 531.0738 to read as follows: |
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11 | 13 | | Sec. 531.0738. APPLICATION FOR FUNDING TO IMPLEMENT MODEL |
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12 | 14 | | OF CARE FOR CERTAIN MEDICAID RECIPIENTS. (a) The commission shall |
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13 | 15 | | apply to the Centers for Medicare and Medicaid Services to receive |
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14 | 16 | | any federal money available to implement a model of care that |
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15 | 17 | | improves the quality and accessibility of care for: |
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16 | 18 | | (1) pregnant women with opioid use disorder enrolled |
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17 | 19 | | in Medicaid during the prenatal and postpartum periods; and |
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18 | 20 | | (2) their children after birth. |
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19 | 21 | | (b) This section expires September 1, 2021. |
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20 | 22 | | SECTION 2. Chapter 31, Health and Safety Code, is amended by |
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21 | 23 | | adding Section 31.018 to read as follows: |
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22 | 24 | | Sec. 31.018. REFERRAL FROM HEALTHY TEXAS WOMEN PROGRAM TO |
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23 | 25 | | PRIMARY HEALTH CARE SERVICES PROGRAM. (a) In this section, |
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24 | 26 | | "Healthy Texas Women program" means a program operated by the |
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25 | 27 | | commission that is substantially similar to the demonstration |
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26 | 28 | | project operated under former Section 32.0248, Human Resources |
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27 | 29 | | Code, and that is intended to expand access to preventive health and |
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28 | 30 | | family planning services for women in this state. |
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29 | 31 | | (b) The executive commissioner by rule shall ensure that |
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30 | 32 | | women receiving services under the Healthy Texas Women program are |
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31 | 33 | | referred to and provided with information on the primary health |
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32 | 34 | | care services program. |
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33 | 35 | | SECTION 3. Chapter 32, Health and Safety Code, is amended by |
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34 | 36 | | adding Subchapters E and F to read as follows: |
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35 | 37 | | SUBCHAPTER E. ENHANCED PRENATAL AND POSTPARTUM CARE SERVICES |
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36 | 38 | | Sec. 32.101. ENHANCED PRENATAL SERVICES FOR CERTAIN WOMEN. |
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37 | 39 | | The commission, in collaboration with managed care organizations |
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38 | 40 | | that contract with the commission to provide health care services |
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39 | 41 | | to medical assistance recipients under Chapter 533, Government |
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40 | 42 | | Code, shall develop and implement cost-effective, evidence-based, |
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41 | 43 | | and enhanced prenatal services for high-risk pregnant women covered |
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42 | 44 | | under the medical assistance program. |
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43 | 45 | | Sec. 32.102. EVALUATION AND ENHANCEMENT OF POSTPARTUM CARE |
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44 | 46 | | SERVICES FOR CERTAIN WOMEN. (a) In this section, "Healthy Texas |
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45 | 47 | | Women program" means a program operated by the commission that is |
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46 | 48 | | substantially similar to the demonstration project operated under |
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47 | 49 | | former Section 32.0248, Human Resources Code, and that is intended |
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48 | 50 | | to expand access to preventive health and family planning services |
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49 | 51 | | for women in this state. |
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50 | 52 | | (b) The commission shall evaluate postpartum care services |
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51 | 53 | | provided to women enrolled in the Healthy Texas Women program after |
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52 | 54 | | the first 60 days of the postpartum period. |
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53 | 55 | | (c) Based on the commission's evaluation under Subsection |
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54 | 56 | | (b), the commission shall develop an enhanced, cost-effective, and |
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55 | 57 | | limited postpartum care services package for women enrolled in the |
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56 | 58 | | Healthy Texas Women program to be provided: |
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57 | 59 | | (1) after the first 60 days of the postpartum period; |
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58 | 60 | | and |
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59 | 61 | | (2) for a period of not more than 12 months after the |
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60 | 62 | | date of enrollment in the Healthy Texas Women program. |
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61 | 63 | | SUBCHAPTER F. DELIVERY AND IMPROVEMENT OF MATERNAL HEALTH CARE |
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62 | 64 | | SERVICES INVOLVING MANAGED CARE ORGANIZATIONS |
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63 | 65 | | Sec. 32.151. DEFINITIONS. In this subchapter: |
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74 | 72 | | managed care organization as defined by Section 533.001, Government |
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75 | 73 | | Code, that contracts with the commission under Chapter 533, |
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76 | 74 | | Government Code, to provide health care services to medical |
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77 | 75 | | assistance program recipients. |
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78 | 76 | | Sec. 32.152. ASSESSING PROVISION OF HEALTHY TEXAS WOMEN |
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79 | 77 | | PROGRAM SERVICES THROUGH MANAGED CARE. (a) The commission shall |
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80 | 78 | | assess: |
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81 | 79 | | (1) the feasibility and cost-effectiveness of |
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82 | 80 | | contracting with Medicaid managed care organizations to provide |
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83 | 81 | | Healthy Texas Women program services through managed care in one or |
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84 | 82 | | more health care service regions in this state if the Healthy Texas |
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85 | 83 | | Women Section 1115 Demonstration Waiver is approved; and |
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86 | 84 | | (2) the potential impact of that delivery model on |
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87 | 85 | | women receiving services under the program. |
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88 | 86 | | (b) This section expires September 1, 2021. |
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89 | 87 | | Sec. 32.153. CONTINUITY OF CARE FOR CERTAIN WOMEN ENROLLING |
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90 | 88 | | IN HEALTHY TEXAS WOMEN PROGRAM. The commission shall develop and |
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91 | 89 | | implement strategies to ensure the continuity of care for women who |
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92 | 90 | | transition from the medical assistance program and enroll in the |
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93 | 91 | | Healthy Texas Women program. In developing and implementing |
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94 | 92 | | strategies under this section, the commission may collaborate with |
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95 | 93 | | health care providers participating in the Healthy Texas Women |
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96 | 94 | | program and Medicaid managed care organizations that provide health |
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97 | 95 | | care services to pregnant women. |
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98 | 96 | | Sec. 32.154. POSTPARTUM DEPRESSION TREATMENT NETWORK. |
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99 | 97 | | Using money from an available source designated by the commission, |
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100 | 98 | | the commission, in collaboration with Medicaid managed care |
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101 | 99 | | organizations and health care providers participating in the |
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102 | 100 | | Healthy Texas Women program, shall develop and implement a |
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103 | 101 | | postpartum depression treatment network for women enrolled in the |
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104 | 102 | | medical assistance or Healthy Texas Women program. |
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105 | 103 | | Sec. 32.155. STATEWIDE INITIATIVES TO IMPROVE QUALITY OF |
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106 | 104 | | MATERNAL HEALTH CARE. (a) In this section, "social determinants |
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107 | 105 | | of health" means the environmental conditions in which an |
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108 | 106 | | individual lives that affect the individual's health and quality of |
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109 | 107 | | life. |
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110 | 108 | | (b) The commission shall develop or enhance statewide |
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111 | 109 | | initiatives to improve the quality of maternal health care services |
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112 | 110 | | and outcomes for women in this state. The commission shall specify |
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113 | 111 | | the initiatives that each managed care organization that contracts |
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114 | 112 | | with the commission to provide health care services in this state |
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115 | 113 | | must incorporate in the organization's managed care plans. The |
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116 | 114 | | initiatives may address: |
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117 | 115 | | (1) prenatal and postpartum care rates; |
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118 | 116 | | (2) maternal health disparities that exist for |
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119 | 117 | | minority women and other high-risk populations of women in this |
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120 | 118 | | state; |
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121 | 119 | | (3) social determinants of health; or |
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122 | 120 | | (4) other priorities specified by the commission. |
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123 | 121 | | (c) A managed care organization required to incorporate the |
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124 | 122 | | initiatives in the organization's managed care plans under |
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125 | 123 | | Subsection (b) may incorporate any additional initiatives to |
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126 | 124 | | improve the quality of maternal health care services for women |
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127 | 125 | | receiving health care services through the organization. |
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128 | 126 | | (d) The commission shall prepare and submit to the |
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129 | 127 | | legislature and make available to the public an annual report that |
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130 | 128 | | summarizes: |
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131 | 129 | | (1) the commission's progress in developing or |
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132 | 130 | | enhancing initiatives under this section; and |
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133 | 131 | | (2) each managed care organization's progress in |
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134 | 132 | | incorporating the required initiatives in the organization's |
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135 | 133 | | managed care plans. |
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136 | 134 | | (e) The commission may submit the report required under |
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137 | 135 | | Subsection (d) with the report required under Section 536.008, |
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138 | 136 | | Government Code. |
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139 | 137 | | SECTION 4. The heading to Chapter 34, Health and Safety |
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140 | 138 | | Code, is amended to read as follows: |
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141 | 139 | | CHAPTER 34. TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW |
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142 | 140 | | COMMITTEE [TASK FORCE] |
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143 | 141 | | SECTION 5. Section 34.001, Health and Safety Code, is |
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144 | 142 | | amended by adding Subdivision (12-a) to read as follows: |
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145 | 143 | | (12-a) "Review committee" means the Texas Maternal |
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146 | 144 | | Mortality and Morbidity Review Committee. |
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147 | 145 | | SECTION 6. Sections 34.002, 34.003, 34.004, and 34.005, |
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148 | 146 | | Health and Safety Code, are amended to read as follows: |
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149 | 147 | | Sec. 34.002. TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW |
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150 | 148 | | COMMITTEE [TASK FORCE]. (a) The Texas Maternal Mortality and |
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151 | 149 | | Morbidity Review Committee [Task Force] is administered by the |
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152 | 150 | | department. |
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153 | 151 | | (b) The review committee [task force] is a |
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154 | 152 | | multidisciplinary advisory committee within the department and is |
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155 | 153 | | composed of the following 17 members: |
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156 | 154 | | (1) 15 members appointed by the commissioner as |
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157 | 155 | | follows: |
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158 | 156 | | (A) four physicians specializing in obstetrics, |
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159 | 157 | | at least one of whom is a maternal fetal medicine specialist; |
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160 | 158 | | (B) one certified nurse-midwife; |
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161 | 159 | | (C) one registered nurse; |
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162 | 160 | | (D) one nurse specializing in labor and delivery; |
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163 | 161 | | (E) one physician specializing in family |
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164 | 162 | | practice; |
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165 | 163 | | (F) one physician specializing in psychiatry; |
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166 | 164 | | (G) one physician specializing in pathology; |
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167 | 165 | | (H) one epidemiologist, biostatistician, or |
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168 | 166 | | researcher of pregnancy-related deaths; |
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169 | 167 | | (I) one social worker or social service provider; |
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170 | 168 | | (J) one community advocate in a relevant field; |
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171 | 169 | | (K) one medical examiner or coroner responsible |
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172 | 170 | | for recording deaths; and |
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173 | 171 | | (L) one physician specializing in critical care; |
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174 | 172 | | (2) a representative of the department's family and |
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175 | 173 | | community health programs; and |
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176 | 174 | | (3) the state epidemiologist for the department or the |
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177 | 175 | | epidemiologist's designee. |
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178 | 176 | | (c) In appointing members to the review committee [task |
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179 | 177 | | force], the commissioner shall: |
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180 | 178 | | (1) include members: |
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181 | 179 | | (A) working in and representing communities that |
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182 | 180 | | are diverse with regard to race, ethnicity, immigration status, and |
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183 | 181 | | English proficiency; and |
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184 | 182 | | (B) from differing geographic regions in the |
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185 | 183 | | state, including both rural and urban areas; |
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186 | 184 | | (2) endeavor to include members who are working in and |
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187 | 185 | | representing communities that are affected by pregnancy-related |
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188 | 186 | | deaths and severe maternal morbidity and by a lack of access to |
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189 | 187 | | relevant perinatal and intrapartum care services; and |
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190 | 188 | | (3) ensure that the composition of the review |
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191 | 189 | | committee [task force] reflects the racial, ethnic, and linguistic |
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192 | 190 | | diversity of this state. |
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193 | 191 | | (d) The commissioner shall appoint from among the review |
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194 | 192 | | committee [task force] members a presiding officer. |
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195 | 193 | | (e) A member of the review committee [task force] appointed |
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196 | 194 | | under Subsection (b)(1) is not entitled to compensation for service |
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197 | 195 | | on the review committee [task force] or reimbursement for travel or |
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198 | 196 | | other expenses incurred by the member while conducting the business |
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199 | 197 | | of the review committee [task force]. |
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200 | 198 | | (f) In carrying out its duties, the review committee [task |
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201 | 199 | | force] may use technology, including teleconferencing or |
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202 | 200 | | videoconferencing, to eliminate travel expenses. |
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203 | 201 | | Sec. 34.003. TERMS; VACANCY. (a) Review committee [Task |
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204 | 202 | | force] members appointed by the commissioner serve staggered |
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205 | 203 | | six-year terms, with the terms of four or five members, as |
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206 | 204 | | appropriate, expiring February 1 of each odd-numbered year. |
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207 | 205 | | (b) A review committee [task force] member may serve more |
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208 | 206 | | than one term. |
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209 | 207 | | (c) A vacancy on the review committee [task force] shall be |
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210 | 208 | | filled for the unexpired term in the same manner as the original |
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211 | 209 | | appointment. |
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212 | 210 | | Sec. 34.004. MEETINGS. (a) The review committee [task |
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213 | 211 | | force] shall meet at least quarterly. The review committee [task |
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214 | 212 | | force] may meet at other times at the call of the commissioner. |
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215 | 213 | | (b) Meetings of the review committee [task force] are |
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216 | 214 | | subject to Chapter 551, Government Code, except that the review |
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217 | 215 | | committee [task force] shall conduct a closed meeting to review |
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218 | 216 | | cases under Section 34.007. |
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219 | 217 | | (c) The review committee [task force] shall: |
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220 | 218 | | (1) allow for public comment during at least one |
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221 | 219 | | public meeting each year; |
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222 | 220 | | (2) present in open session recommendations made under |
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223 | 221 | | Section 34.005 to help reduce the incidence of pregnancy-related |
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224 | 222 | | deaths and severe maternal morbidity in this state; and |
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225 | 223 | | (3) post public notice for meetings conducted for the |
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226 | 224 | | sole purpose of reviewing cases for selection under Section 34.007. |
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227 | 225 | | Sec. 34.005. DUTIES OF REVIEW COMMITTEE [TASK FORCE]. The |
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228 | 226 | | review committee [task force] shall: |
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229 | 227 | | (1) study and review: |
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230 | 228 | | (A) cases of pregnancy-related deaths; |
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231 | 229 | | (B) trends, rates, or disparities in |
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232 | 230 | | pregnancy-related deaths and severe maternal morbidity; |
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233 | 231 | | (C) health conditions and factors that |
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234 | 232 | | disproportionately affect the most at-risk population as |
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235 | 233 | | determined in the joint biennial report required under Section |
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236 | 234 | | 34.015; and |
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237 | 235 | | (D) best practices and programs operating in |
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238 | 236 | | other states that have reduced rates of pregnancy-related deaths; |
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239 | 237 | | (2) compare rates of pregnancy-related deaths based on |
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240 | 238 | | the socioeconomic status of the mother; |
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241 | 239 | | (3) determine the feasibility of the review committee |
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242 | 240 | | [task force] studying cases of severe maternal morbidity; and |
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243 | 241 | | (4) in consultation with the Perinatal Advisory |
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244 | 242 | | Council, make recommendations to help reduce the incidence of |
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245 | 243 | | pregnancy-related deaths and severe maternal morbidity in this |
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246 | 244 | | state. |
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247 | 245 | | SECTION 7. Section 34.0055(a), Health and Safety Code, is |
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248 | 246 | | amended to read as follows: |
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249 | 247 | | (a) Using existing resources, the commission, in |
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250 | 248 | | consultation with the review committee [task force], shall: |
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251 | 249 | | (1) make available to physicians and other persons |
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252 | 250 | | licensed or certified to conduct a substance use screening and |
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253 | 251 | | domestic violence screening of pregnant women information that |
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254 | 252 | | includes: |
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255 | 253 | | (A) guidance regarding best practices for |
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256 | 254 | | verbally screening a pregnant woman for substance use and verbally |
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257 | 255 | | screening a pregnant woman for domestic violence using a validated |
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258 | 256 | | screening tool; and |
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259 | 257 | | (B) a list of substance use treatment resources |
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260 | 258 | | and domestic violence prevention and intervention resources in each |
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261 | 259 | | geographic region of this state; and |
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262 | 260 | | (2) review and promote the use of educational |
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263 | 261 | | materials on the consequences of opioid drug use and on domestic |
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264 | 262 | | violence prevention and intervention during pregnancy. |
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265 | 263 | | SECTION 8. Section 34.006, Health and Safety Code, is |
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266 | 264 | | amended to read as follows: |
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267 | 265 | | Sec. 34.006. CONSULTATIONS AND AGREEMENTS WITH OUTSIDE |
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268 | 266 | | PARTIES. (a) The department and review committee [task force] may |
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269 | 267 | | consult with any relevant experts and stakeholders, including: |
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270 | 268 | | (1) anesthesiologists; |
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271 | 269 | | (2) intensivists or critical care physicians; |
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272 | 270 | | (3) nutritionists; |
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273 | 271 | | (4) substance abuse treatment specialists; |
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274 | 272 | | (5) hospital staff or employees; |
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275 | 273 | | (6) representatives of the state Medicaid program; |
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276 | 274 | | (7) paramedics or other emergency medical response |
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277 | 275 | | personnel; |
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278 | 276 | | (8) hospital-based risk management specialists; |
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279 | 277 | | (9) representatives of local health departments and |
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280 | 278 | | public health districts in this state; |
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281 | 279 | | (10) public health experts; |
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282 | 280 | | (11) government representatives or officials; and |
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283 | 281 | | (12) law enforcement officials. |
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284 | 282 | | (b) In gathering information, the department and review |
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285 | 283 | | committee [task force] may consult with representatives of any |
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286 | 284 | | relevant state professional associations and organizations, |
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287 | 285 | | including: |
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288 | 286 | | (1) District XI of the American Congress of |
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289 | 287 | | Obstetricians and Gynecologists; |
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290 | 288 | | (2) the Texas Association of Obstetricians and |
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291 | 289 | | Gynecologists; |
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292 | 290 | | (3) the Texas Nurses Association; |
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293 | 291 | | (4) the Texas Section of the Association of Women's |
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294 | 292 | | Health, Obstetric and Neonatal Nurses; |
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295 | 293 | | (5) the Texas Academy of Family Physicians; |
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296 | 294 | | (6) the Texas Pediatric Society; |
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297 | 295 | | (7) the Consortium of Texas Certified Nurse-Midwives; |
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298 | 296 | | (8) the Association of Texas Midwives; |
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299 | 297 | | (9) the Texas Hospital Association; |
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300 | 298 | | (10) the Texas Medical Association; and |
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301 | 299 | | (11) the Texas Public Health Association. |
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302 | 300 | | (c) In consulting with individuals or organizations under |
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303 | 301 | | Subsection (a) or (b), a member of the review committee [task force] |
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304 | 302 | | or employee of the department may not disclose any identifying |
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305 | 303 | | information of a patient or health care provider. |
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306 | 304 | | (d) The department on behalf of the review committee [task |
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307 | 305 | | force] may enter into agreements with institutions of higher |
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308 | 306 | | education or other organizations consistent with the duties of the |
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309 | 307 | | department or review committee [task force] under this chapter. |
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310 | 308 | | SECTION 9. Sections 34.007(a) and (c), Health and Safety |
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311 | 309 | | Code, are amended to read as follows: |
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312 | 310 | | (a) The department shall determine a statistically |
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313 | 311 | | significant number of cases of pregnancy-related deaths for review. |
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314 | 312 | | The department shall either randomly select cases or select all |
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315 | 313 | | cases for the review committee [task force] to review under this |
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316 | 314 | | subsection to reflect a cross-section of pregnancy-related deaths |
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317 | 315 | | in this state. |
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318 | 316 | | (c) If feasible, the department may select cases of severe |
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319 | 317 | | maternal morbidity for review. In selecting cases under this |
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320 | 318 | | subsection, the department shall randomly select cases for the |
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321 | 319 | | review committee [task force] to review to reflect trends |
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322 | 320 | | identified under Subsection (b). |
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346 | 336 | | SECTION 11. Section 34.009, Health and Safety Code, is |
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347 | 337 | | amended by amending Subsections (b), (c), (d), (e), and (h) and |
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348 | 338 | | adding Subsection (b-1) to read as follows: |
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349 | 339 | | (b) Except as provided by Subsection (b-1), confidential |
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350 | 340 | | [Confidential] information that is acquired by the department and |
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351 | 341 | | that includes identifying information of an individual or health |
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352 | 342 | | care provider is privileged and may not be disclosed to any person. |
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353 | 343 | | Information that may not be disclosed under this subsection |
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354 | 344 | | includes: |
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355 | 345 | | (1) the name and address of a patient or a member of |
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356 | 346 | | the patient's family; |
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357 | 347 | | (2) any service received by the patient or a member of |
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358 | 348 | | the patient's family; |
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359 | 349 | | (3) the social and economic condition of the patient |
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360 | 350 | | or a member of the patient's family; |
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361 | 351 | | (4) medical, dental, and mental health care |
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362 | 352 | | information related to the patient or a member of the patient's |
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363 | 353 | | family, including diagnoses, conditions, diseases, or disability; |
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364 | 354 | | and |
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365 | 355 | | (5) the identity of a health care provider that |
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366 | 356 | | provided any services to the patient or a member of the patient's |
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367 | 357 | | family. |
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368 | 358 | | (b-1) Confidential information that is acquired by the |
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369 | 359 | | department under this section that includes identifying |
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370 | 360 | | information of an individual or health care provider may be |
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371 | 361 | | securely disclosed to an appropriate federal agency for the limited |
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372 | 362 | | purpose of complying with applicable requirements under the federal |
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373 | 363 | | Preventing Maternal Deaths Act of 2018 (Pub. L. No. 115-344). |
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374 | 364 | | (c) Review committee [Task force] work product or |
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375 | 365 | | information obtained by the department under this chapter, |
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376 | 366 | | including information contained in an electronic database |
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377 | 367 | | established and maintained under Section 34.012, or any other |
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378 | 368 | | document or record, is confidential. This subsection does not |
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379 | 369 | | prevent the review committee [task force] or department from |
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380 | 370 | | releasing information described by Subsection (d) or (e) or from |
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381 | 371 | | submitting the report required by Section 34.015. |
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382 | 372 | | (d) Information is not confidential under this section if |
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383 | 373 | | the information is general information that cannot be connected |
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384 | 374 | | with any specific individual, case, or health care provider, such |
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385 | 375 | | as: |
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386 | 376 | | (1) total expenditures made for specified purposes; |
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387 | 377 | | (2) the number of families served by particular health |
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388 | 378 | | care providers or agencies; |
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389 | 379 | | (3) aggregated data on social and economic conditions; |
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390 | 380 | | (4) medical data and information related to health |
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391 | 381 | | care services that do not include any identifying information |
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392 | 382 | | relating to a patient or the patient's family; |
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393 | 383 | | (5) information, including the source, value, and |
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394 | 384 | | purpose, related to gifts, grants, or donations to or for use by the |
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395 | 385 | | review committee [task force]; and |
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396 | 386 | | (6) other statistical information. |
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397 | 387 | | (e) The review committee [task force] may publish |
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398 | 388 | | statistical studies and research reports based on information that |
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399 | 389 | | is confidential under this section, provided that the information: |
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400 | 390 | | (1) is published in the aggregate; |
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401 | 391 | | (2) does not identify a patient or the patient's |
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402 | 392 | | family; |
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403 | 393 | | (3) does not include any information that could be |
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404 | 394 | | used to identify a patient or the patient's family; and |
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405 | 395 | | (4) does not identify a health care provider. |
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406 | 396 | | (h) The review committee [task force] and the department |
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407 | 397 | | shall comply with all state and federal laws and rules relating to |
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408 | 398 | | the transmission of health information, including the Health |
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409 | 399 | | Insurance Portability and Accountability Act of 1996 (Pub. L. |
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410 | 400 | | No. 104-191) and rules adopted under that Act. |
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411 | 401 | | SECTION 12. Section 34.010, Health and Safety Code, is |
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412 | 402 | | amended to read as follows: |
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413 | 403 | | Sec. 34.010. SUBPOENA AND DISCOVERY. Review committee |
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414 | 404 | | [Task force] work product or information that is confidential under |
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415 | 405 | | Section 34.009 is privileged, is not subject to subpoena or |
---|
416 | 406 | | discovery, and may not be introduced into evidence in any |
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417 | 407 | | administrative, civil, or criminal proceeding against a patient, a |
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418 | 408 | | member of the family of a patient, or a health care provider. |
---|
419 | 409 | | SECTION 13. Section 34.011(a), Health and Safety Code, is |
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420 | 410 | | amended to read as follows: |
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421 | 411 | | (a) A member of the review committee [task force] or a |
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422 | 412 | | person employed by or acting in an advisory capacity to the review |
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423 | 413 | | committee [task force] and who provides information, counsel, or |
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424 | 414 | | services to the review committee [task force] is not liable for |
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425 | 415 | | damages for an action taken within the scope of the functions of the |
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426 | 416 | | review committee [task force]. |
---|
427 | 417 | | SECTION 14. Sections 34.012(a) and (c), Health and Safety |
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428 | 418 | | Code, are amended to read as follows: |
---|
429 | 419 | | (a) The department may establish and maintain an electronic |
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430 | 420 | | database to track cases of pregnancy-related deaths and severe |
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431 | 421 | | maternal morbidity to assist the department and review committee |
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432 | 422 | | [task force] in performing functions under this chapter. |
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433 | 423 | | (c) The database may be accessed only by the department and |
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434 | 424 | | the review committee [task force] for the purposes described in |
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435 | 425 | | this chapter. |
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436 | 426 | | SECTION 15. Section 34.014, Health and Safety Code, is |
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437 | 427 | | amended to read as follows: |
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438 | 428 | | Sec. 34.014. FUNDING. The department may accept gifts and |
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439 | 429 | | grants from any source to fund the duties of the department and the |
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440 | 430 | | review committee [task force] under this chapter. |
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441 | 431 | | SECTION 16. Sections 34.015(a) and (b), Health and Safety |
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442 | 432 | | Code, are amended to read as follows: |
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443 | 433 | | (a) Not later than September 1 of each even-numbered year, |
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444 | 434 | | the review committee [task force] and the department shall submit a |
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445 | 435 | | joint report on the findings of the review committee [task force] |
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446 | 436 | | under this chapter to the governor, lieutenant governor, speaker of |
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447 | 437 | | the house of representatives, and appropriate committees of the |
---|
448 | 438 | | legislature. |
---|
449 | 439 | | (b) The report must include the review committee's [task |
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450 | 440 | | force's] recommendations under Section 34.005(4). |
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451 | 441 | | SECTION 17. Section 34.0155, Health and Safety Code, is |
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452 | 442 | | amended to read as follows: |
---|
453 | 443 | | Sec. 34.0155. REPORT ON PREGNANCY-RELATED DEATHS, SEVERE |
---|
454 | 444 | | MATERNAL MORBIDITY, AND POSTPARTUM DEPRESSION. The commission |
---|
455 | 445 | | shall: |
---|
456 | 446 | | (1) evaluate options for reducing pregnancy-related |
---|
457 | 447 | | deaths, focusing on the most prevalent causes of pregnancy-related |
---|
458 | 448 | | deaths as identified in the joint biennial report required under |
---|
459 | 449 | | Section 34.015, and for treating postpartum depression in |
---|
460 | 450 | | economically disadvantaged women; |
---|
461 | 451 | | (2) in coordination with the department and the review |
---|
462 | 452 | | committee [task force], identify strategies to: |
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463 | 453 | | (A) lower costs of providing medical assistance |
---|
464 | 454 | | under Chapter 32, Human Resources Code, related to severe maternal |
---|
465 | 455 | | morbidity and chronic illness; and |
---|
466 | 456 | | (B) improve quality outcomes related to the |
---|
467 | 457 | | underlying causes of severe maternal morbidity and chronic illness; |
---|
468 | 458 | | and |
---|
469 | 459 | | (3) not later than December 1 of each even-numbered |
---|
470 | 460 | | year, submit to the governor, the lieutenant governor, the speaker |
---|
471 | 461 | | of the house of representatives, the Legislative Budget Board, and |
---|
472 | 462 | | the appropriate standing committees of the legislature a written |
---|
473 | 463 | | report that includes: |
---|
474 | 464 | | (A) a summary of the commission's and |
---|
475 | 465 | | department's efforts to accomplish the tasks described by |
---|
476 | 466 | | Subdivisions (1) and (2); and |
---|
477 | 467 | | (B) a summary of the report required by Section |
---|
478 | 468 | | 34.0156. |
---|
479 | 469 | | SECTION 18. Section 34.0156(a), Health and Safety Code, is |
---|
480 | 470 | | amended to read as follows: |
---|
481 | 471 | | (a) Using existing resources, the department, in |
---|
482 | 472 | | collaboration with the review committee [task force], shall promote |
---|
483 | 473 | | and facilitate the use among health care providers in this state of |
---|
484 | 474 | | maternal health and safety informational materials, including |
---|
485 | 475 | | tools and procedures related to best practices in maternal health |
---|
486 | 476 | | and safety. |
---|
487 | 477 | | SECTION 19. Section 34.017(b), Health and Safety Code, is |
---|
488 | 478 | | amended to read as follows: |
---|
489 | 479 | | (b) The department may not disclose the information |
---|
490 | 480 | | described by Subsection (a) to the review committee [task force] or |
---|
491 | 481 | | any other person. |
---|
492 | 482 | | SECTION 20. Section 34.018, Health and Safety Code, is |
---|
493 | 483 | | amended to read as follows: |
---|
494 | 484 | | Sec. 34.018. SUNSET PROVISION. (a) The review committee |
---|
495 | 485 | | [task force] is subject to Chapter 325, Government Code (Texas |
---|
496 | 486 | | Sunset Act). Unless continued in existence as provided by that |
---|
497 | 487 | | chapter, the review committee [task force] is abolished and this |
---|
498 | 488 | | chapter expires September 1, 2027 [2023]. |
---|
499 | 489 | | (b) The Sunset Advisory Commission shall review the review |
---|
500 | 490 | | committee during the two-year period preceding the date the |
---|
501 | 491 | | department is scheduled for abolition under Section 1001.003, but |
---|
502 | 492 | | the review committee is continued in existence until the date |
---|
503 | 493 | | provided by Subsection (a). This subsection expires September 1, |
---|
504 | 494 | | 2025. |
---|
505 | 495 | | SECTION 21. Section 1001.0712(c), Health and Safety Code, |
---|
506 | 496 | | is amended to read as follows: |
---|
507 | 497 | | (c) The department, in consultation with the Texas Maternal |
---|
508 | 498 | | Mortality and Morbidity Review Committee [Task Force], shall |
---|
509 | 499 | | examine national standards regarding the collection of death |
---|
510 | 500 | | information and may convene a panel of experts to advise the |
---|
511 | 501 | | department and the review committee [task force] in developing |
---|
512 | 502 | | recommendations for improving the collection of accurate |
---|
513 | 503 | | information related to cause of death. |
---|
514 | 504 | | SECTION 22. Section 34.001(14), Health and Safety Code, is |
---|
515 | 505 | | repealed. |
---|
516 | 506 | | SECTION 23. (a) In this section, "Healthy Texas Women |
---|
517 | 507 | | program" means a program operated by the Health and Human Services |
---|
518 | 508 | | Commission that is substantially similar to the demonstration |
---|
519 | 509 | | project operated under former Section 32.0248, Human Resources |
---|
520 | 510 | | Code, and that is intended to expand access to preventive health and |
---|
521 | 511 | | family planning services for women in this state. |
---|
522 | 512 | | (b) If the Centers for Medicare and Medicaid Services |
---|
523 | 513 | | approves the waiver submitted by the executive commissioner of the |
---|
524 | 514 | | Health and Human Services Commission under Section 1115 of the |
---|
525 | 515 | | federal Social Security Act (42 U.S.C. Section 1315) for the |
---|
526 | 516 | | Healthy Texas Women Section 1115 Demonstration Waiver, the |
---|
527 | 517 | | executive commissioner shall, as soon as practicable after the |
---|
528 | 518 | | waiver is granted, seek an amendment to the waiver to provide |
---|
529 | 519 | | enhanced services under the Healthy Texas Women program. |
---|
530 | 520 | | SECTION 24. As soon as practicable after the effective date |
---|
531 | 521 | | of this Act: |
---|
532 | 522 | | (1) the executive commissioner of the Health and Human |
---|
533 | 523 | | Services Commission shall adopt rules as necessary to implement the |
---|
534 | 524 | | changes in law made by this Act; and |
---|
535 | 525 | | (2) the Health and Human Services Commission shall |
---|
536 | 526 | | apply for any federal money available to implement the model of care |
---|
537 | 527 | | described by Section 531.0738, Government Code, as added by this |
---|
538 | 528 | | Act. |
---|
539 | 529 | | SECTION 25. On the effective date of this Act: |
---|
540 | 530 | | (1) the Maternal Mortality and Morbidity Task Force is |
---|
541 | 531 | | renamed the Texas Maternal Mortality and Morbidity Review |
---|
542 | 532 | | Committee; and |
---|
543 | 533 | | (2) a reference in law to the task force means the |
---|
544 | 534 | | review committee. |
---|
545 | 535 | | SECTION 26. If before implementing any provision of this |
---|
546 | 536 | | Act a state agency determines that a waiver or authorization from a |
---|
547 | 537 | | federal agency is necessary for implementation of that provision, |
---|
548 | 538 | | the agency affected by the provision shall request the waiver or |
---|
549 | 539 | | authorization and may delay implementing that provision until the |
---|
550 | 540 | | waiver or authorization is granted. |
---|
551 | 541 | | SECTION 27. The Health and Human Services Commission is |
---|
552 | 542 | | required to implement a provision of this Act only if the |
---|
553 | 543 | | legislature appropriates money specifically for that purpose. If |
---|
554 | 544 | | the legislature does not appropriate money specifically for that |
---|
555 | 545 | | purpose, the commission may, but is not required to, implement a |
---|
556 | 546 | | provision of this Act using other appropriations available for that |
---|
557 | 547 | | purpose. |
---|
558 | 548 | | SECTION 28. This Act takes effect immediately if it |
---|
559 | 549 | | receives a vote of two-thirds of all the members elected to each |
---|
560 | 550 | | house, as provided by Section 39, Article III, Texas Constitution. |
---|
561 | 551 | | If this Act does not receive the vote necessary for immediate |
---|
562 | 552 | | effect, this Act takes effect September 1, 2019. |
---|
563 | | - | ______________________________ ______________________________ |
---|
564 | | - | President of the Senate Speaker of the House |
---|
565 | | - | I hereby certify that S.B. No. 750 passed the Senate on |
---|
566 | | - | April 16, 2019, by the following vote: Yeas 31, Nays 0; and that |
---|
567 | | - | the Senate concurred in House amendments on May 23, 2019, by the |
---|
568 | | - | following vote: Yeas 31, Nays 0. |
---|
569 | | - | ______________________________ |
---|
570 | | - | Secretary of the Senate |
---|
571 | | - | I hereby certify that S.B. No. 750 passed the House, with |
---|
572 | | - | amendments, on May 21, 2019, by the following vote: Yeas 144, |
---|
573 | | - | Nays 2, one present not voting. |
---|
574 | | - | ______________________________ |
---|
575 | | - | Chief Clerk of the House |
---|
576 | | - | Approved: |
---|
577 | | - | ______________________________ |
---|
578 | | - | Date |
---|
579 | | - | ______________________________ |
---|
580 | | - | Governor |
---|
| 553 | + | COMMITTEE AMENDMENT NO. 1 |
---|
| 554 | + | Amend S.B. No. 750 |
---|
| 555 | + | by adding the following appropriately |
---|
| 556 | + | numbered SECTIONS to the bill and renumbering subsequent SECTIONS |
---|
| 557 | + | of the bill accordingly: |
---|
| 558 | + | SECTION ____. Chapter 1061, Special District Local Laws |
---|
| 559 | + | Code, is amended by adding Subchapter G to read as follows: |
---|
| 560 | + | SUBCHAPTER G. SALES AND USE TAX |
---|
| 561 | + | Sec. 1061.301. TAX AUTHORIZED. (a) The district may adopt, |
---|
| 562 | + | change the rate of, or abolish a sales and use tax at an election |
---|
| 563 | + | held in the district. |
---|
| 564 | + | (b) The district may not adopt a tax under this subchapter |
---|
| 565 | + | or increase the rate of the tax if as a result of the adoption of the |
---|
| 566 | + | tax or the tax increase the combined rate of all sales and use taxes |
---|
| 567 | + | imposed by the district and all other political subdivisions of |
---|
| 568 | + | this state having territory in the district would exceed two |
---|
| 569 | + | percent in any location in the district. |
---|
| 570 | + | Sec. 1061.302. APPLICABILITY OF OTHER LAW. Except to the |
---|
| 571 | + | extent that a provision of this subchapter applies, Chapter 323, |
---|
| 572 | + | Tax Code, applies to a tax authorized by this subchapter in the same |
---|
| 573 | + | manner as that chapter applies to the tax authorized by that |
---|
| 574 | + | chapter. |
---|
| 575 | + | Sec. 1061.303. TAX RATE; CHANGE IN RATE. (a) The district |
---|
| 576 | + | may impose a tax authorized by this subchapter in increments of |
---|
| 577 | + | one-eighth of one percent, with a minimum rate of one-eighth of one |
---|
| 578 | + | percent and a maximum rate of two percent. |
---|
| 579 | + | (b) The district may increase the rate of a tax authorized |
---|
| 580 | + | by this subchapter to a maximum of two percent or decrease the rate |
---|
| 581 | + | of the tax to a minimum of one-eighth of one percent if the change is |
---|
| 582 | + | approved by a majority of the voters of the district at an election |
---|
| 583 | + | called for that purpose. |
---|
| 584 | + | Sec. 1061.304. ELECTION PROCEDURE. An election to adopt, |
---|
| 585 | + | change the rate of, or abolish a tax authorized by this subchapter |
---|
| 586 | + | is called by the adoption of an order of the board. The board may |
---|
| 587 | + | call an election on its own motion and shall call an election if a |
---|
| 588 | + | number of qualified voters in the district equal to at least five |
---|
| 589 | + | percent of the number of registered voters in the district |
---|
| 590 | + | petitions the board to call the election. |
---|
| 591 | + | Sec. 1061.305. ELECTION IN OTHER TAXING AUTHORITY. (a) In |
---|
| 592 | + | this section, "taxing authority" means any entity authorized to |
---|
| 593 | + | impose a local sales and use tax. |
---|
| 594 | + | (b) If the district is included within the boundaries of |
---|
| 595 | + | another taxing authority and the adoption or increase in the rate of |
---|
| 596 | + | a tax under this subchapter would result in a combined tax rate by |
---|
| 597 | + | the district and other political subdivisions of this state of more |
---|
| 598 | + | than two percent at any location in the district, an election to |
---|
| 599 | + | approve or increase the rate of the tax has no effect unless: |
---|
| 600 | + | (1) one or more of the other taxing authorities holds |
---|
| 601 | + | an election in accordance with the law governing that authority on |
---|
| 602 | + | the same date as the election under this subchapter to reduce the |
---|
| 603 | + | tax rate of that authority to a rate that will result in a combined |
---|
| 604 | + | tax rate by the district and other political subdivisions of not |
---|
| 605 | + | more than two percent at any location in the district; and |
---|
| 606 | + | (2) the combined tax rate is reduced to not more than |
---|
| 607 | + | two percent as a result of that election. |
---|
| 608 | + | (c) This section does not permit a taxing authority to |
---|
| 609 | + | impose taxes at differential tax rates within the territory of the |
---|
| 610 | + | authority. |
---|
| 611 | + | Sec. 1061.306. TAX EFFECTIVE DATE. (a) The adoption, |
---|
| 612 | + | change in the rate of, or abolition of a tax under this subchapter |
---|
| 613 | + | takes effect on the first day of the first calendar quarter |
---|
| 614 | + | occurring after the expiration of the first complete calendar |
---|
| 615 | + | quarter occurring after the date on which the comptroller receives |
---|
| 616 | + | notice of the results of an election to adopt, change the rate of, |
---|
| 617 | + | or abolish the tax. |
---|
| 618 | + | (b) If the comptroller determines that an effective date |
---|
| 619 | + | provided by Subsection (a) will occur before the comptroller can |
---|
| 620 | + | reasonably take the action required to begin collecting the tax or |
---|
| 621 | + | to implement the change in the rate of the tax or the abolition of |
---|
| 622 | + | the tax, the effective date may be extended by the comptroller until |
---|
| 623 | + | the first day of the next calendar quarter. |
---|
| 624 | + | Sec. 1061.307. USE OF TAX REVENUE. Revenue from a tax |
---|
| 625 | + | imposed under this subchapter may be used by the district for any |
---|
| 626 | + | purpose of the district authorized by law. |
---|
| 627 | + | SECTION ____. Section 1061.151(b), Special District Local |
---|
| 628 | + | Laws Code, is amended to read as follows: |
---|
| 629 | + | (b) The proposed budget must contain a complete financial |
---|
| 630 | + | statement of: |
---|
| 631 | + | (1) the outstanding obligations of the district; |
---|
| 632 | + | (2) the cash on hand in each district fund; |
---|
| 633 | + | (3) the money received by the district from all |
---|
| 634 | + | sources during the previous year; |
---|
| 635 | + | (4) the money available to the district from all |
---|
| 636 | + | sources during the ensuing year; |
---|
| 637 | + | (5) the balances expected at the end of the year in |
---|
| 638 | + | which the budget is being prepared; |
---|
| 639 | + | (6) the estimated revenue and balances available to |
---|
| 640 | + | cover the proposed budget; |
---|
| 641 | + | (7) the estimated ad valorem tax rate required; and |
---|
| 642 | + | (8) the proposed expenditures and disbursements and |
---|
| 643 | + | the estimated receipts and collections for the following fiscal |
---|
| 644 | + | year. |
---|
| 645 | + | SECTION ____. The heading to Subchapter F, Chapter 1061, |
---|
| 646 | + | Special District Local Laws Code, is amended to read as follows: |
---|
| 647 | + | SUBCHAPTER F. AD VALOREM TAXES |
---|
| 648 | + | SECTION ____. Section 26.012(1), Tax Code, is amended to |
---|
| 649 | + | read as follows: |
---|
| 650 | + | (1) "Additional sales and use tax" means an additional |
---|
| 651 | + | sales and use tax imposed by: |
---|
| 652 | + | (A) a city under Section 321.101(b); |
---|
| 653 | + | (B) a county under Chapter 323; or |
---|
| 654 | + | (C) a hospital district, other than a hospital |
---|
| 655 | + | district: |
---|
| 656 | + | (i) created on or after September 1, 2001, |
---|
| 657 | + | that: |
---|
| 658 | + | (a) [(i)] imposes the sales and use |
---|
| 659 | + | tax under Subchapter I, Chapter 286, Health and Safety Code; or |
---|
| 660 | + | (b) [(ii)] imposes the sales and use |
---|
| 661 | + | tax under Subchapter L, Chapter 285, Health and Safety Code; or |
---|
| 662 | + | (ii) that imposes the sales and use tax |
---|
| 663 | + | under Subchapter G, Chapter 1061, Special District Local Laws Code. |
---|
| 664 | + | Price |
---|