Texas 2019 - 86th Regular

Texas Senate Bill SB916 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 916
	1	+	By: Johnson S.B. No. 916
	2	+	(Zerwas)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to supportive palliative care.
6	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	9		SECTION 1. Subtitle G, Title 2, Health and Safety Code, is
8	10		amended by adding Chapter 142A to read as follows:
9	11		CHAPTER 142A. SUPPORTIVE PALLIATIVE CARE SERVICES
10	12		Sec. 142A.0001. DEFINITION. In this chapter, "supportive
11	13		palliative care" means physician-directed interdisciplinary
12	14		patient- and family-centered care provided to a patient with a
13	15		serious illness without regard to the patient's age or terminal
14	16		prognosis that:
15	17		(1) may be provided concurrently with methods of
16	18		treatment or therapies that seek to cure or minimize the effects of
17	19		the patient's illness; and
18	20		(2) seeks to optimize the quality of life for a patient
19	21		with a life-threatening or life-limiting illness and the patient's
20	22		family through various methods, including methods that seek to:
21	23		(A) anticipate, prevent, and treat the patient's
22	24		total suffering related to the patient's physical, emotional,
23	25		social, and spiritual condition;
24	26		(B) address the physical, intellectual,
25	27		emotional, cultural, social, and spiritual needs of the patient;
26	28		and
27	29		(C) facilitate for the patient regarding
28	30		treatment options, education, informed consent, and expression of
29	31		desires.
30	32		Sec. 142A.0002. REFERENCE IN OTHER LAW. Notwithstanding
31	33		any other law, a reference in this code or other law to palliative
32	34		care means supportive palliative care.
33	35		Sec. 142A.0003. STUDY. (a) The commission shall conduct a
34	36		study to assess potential improvements to a patient's quality of
35	37		care and health outcomes and to anticipated cost savings to this
36	38		state from supporting the use of or providing Medicaid
37	39		reimbursement to certain Medicaid recipients for supportive
38	40		palliative care. The study must include an evaluation and
39	41		comparison of other states that provide Medicaid reimbursement for
40	42		supportive palliative care.
41	43		(b) The Palliative Care Interdisciplinary Advisory Council
42	44		established under Chapter 118 shall provide to the commission
43	45		recommendations on the structure of the study, including
44	46		recommendations on identifying specific populations of Medicaid
45	47		recipients, variables, and outcomes to measure in the study.
46	48		(c) The commission may collaborate with and solicit and
47	49		accept gifts, grants, and donations from any public or private
48	50		source for the purpose of funding the study.
49	51		(d) Not later than September 1, 2022, the commission shall
50	52		provide to the Palliative Care Interdisciplinary Advisory Council
51	53		the findings of the study. Not later than October 1, 2022, the
52	54		advisory council shall include the findings of the study in the
53	55		report required under Section 118.010.
54	56		(e) This section expires September 1, 2023.
55	57		SECTION 2. Section 142.001(15), Health and Safety Code, is
56	58		amended to read as follows:
57	59		(15) "Hospice services" means services, including
58	60		services provided by unlicensed personnel under the delegation of a
59	61		registered nurse or physical therapist, provided to a client or a
60	62		client's family as part of a coordinated program consistent with
61	63		the standards and rules adopted under this chapter. These services
62	64		include [palliative care for terminally ill clients and] support
63	65		services for terminally ill patients [clients] and their families
64	66		that:
65	67		(A) are available 24 hours a day, seven days a
66	68		week, during the last stages of illness, during death, and during
67	69		bereavement;
68	70		(B) are provided by a medically directed
69	71		interdisciplinary team; and
70	72		(C) may be provided in a home, nursing home,
71	73		residential unit, or inpatient unit according to need. These
72	74		services do not include inpatient care normally provided in a
73	75		licensed hospital to a terminally ill person who has not elected to
74	76		be a hospice client.
75	77		SECTION 3. Section 142.001(20), Health and Safety Code, is
76	78		repealed.
77	79		SECTION 4. The Health and Human Services Commission shall
78	80		conduct the study required under Section 142A.0003, Health and
79	81		Safety Code, as added by this Act, only if the commission receives a
80	82		gift, grant, or donation or the legislature appropriates money
81	83		specifically for that purpose. If the commission does not receive a
82	84		gift, grant, or donation and the legislature does not appropriate
83	85		money specifically for that purpose, the commission may, but is not
84	86		required to, conduct the study using other money available for that
85	87		purpose.
86	88		SECTION 5. This Act takes effect immediately if it receives
87	89		a vote of two-thirds of all the members elected to each house, as
88	90		provided by Section 39, Article III, Texas Constitution. If this
89	91		Act does not receive the vote necessary for immediate effect, this
90	92		Act takes effect September 1, 2019.
91		-	______________________________ ______________________________
92		-	President of the Senate Speaker of the House
93		-	I hereby certify that S.B. No. 916 passed the Senate on
94		-	April 30, 2019, by the following vote: Yeas 30, Nays 1;
95		-	May 23, 2019, Senate refused to concur in House amendment and
96		-	requested appointment of Conference Committee; May 23, 2019, House
97		-	granted request of the Senate; May 26, 2019, Senate adopted
98		-	Conference Committee Report by the following vote: Yeas 31,
99		-	Nays 0.
100		-	______________________________
101		-	Secretary of the Senate
102		-	I hereby certify that S.B. No. 916 passed the House, with
103		-	amendment, on May 17, 2019, by the following vote: Yeas 137,
104		-	Nays 9, one present not voting; May 23, 2019, House granted request
105		-	of the Senate for appointment of Conference Committee;
106		-	May 26, 2019, House adopted Conference Committee Report by the
107		-	following vote: Yeas 128, Nays 16, two present not voting.
108		-	______________________________
109		-	Chief Clerk of the House
110		-	Approved:
111		-	______________________________
112		-	Date
113		-	______________________________
114		-	Governor