S.B. No. 916
AN ACT
relating to supportive palliative care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle G, Title 2, Health and Safety Code, is
amended by adding Chapter 142A to read as follows:
CHAPTER 142A. SUPPORTIVE PALLIATIVE CARE SERVICES
Sec. 142A.0001. DEFINITION. In this chapter, "supportive
palliative care" means physician-directed interdisciplinary
patient- and family-centered care provided to a patient with a
serious illness without regard to the patient's age or terminal
prognosis that:
(1) may be provided concurrently with methods of
treatment or therapies that seek to cure or minimize the effects of
the patient's illness; and
(2) seeks to optimize the quality of life for a patient
with a life-threatening or life-limiting illness and the patient's
family through various methods, including methods that seek to:
(A) anticipate, prevent, and treat the patient's
total suffering related to the patient's physical, emotional,
social, and spiritual condition;
(B) address the physical, intellectual,
emotional, cultural, social, and spiritual needs of the patient;
and
(C) facilitate for the patient regarding
treatment options, education, informed consent, and expression of
desires.
Sec. 142A.0002. REFERENCE IN OTHER LAW. Notwithstanding
any other law, a reference in this code or other law to palliative
care means supportive palliative care.
Sec. 142A.0003. STUDY. (a) The commission shall conduct a
study to assess potential improvements to a patient's quality of
care and health outcomes and to anticipated cost savings to this
state from supporting the use of or providing Medicaid
reimbursement to certain Medicaid recipients for supportive
palliative care. The study must include an evaluation and
comparison of other states that provide Medicaid reimbursement for
supportive palliative care.
(b) The Palliative Care Interdisciplinary Advisory Council
established under Chapter 118 shall provide to the commission
recommendations on the structure of the study, including
recommendations on identifying specific populations of Medicaid
recipients, variables, and outcomes to measure in the study.
(c) The commission may collaborate with and solicit and
accept gifts, grants, and donations from any public or private
source for the purpose of funding the study.
(d) Not later than September 1, 2022, the commission shall
provide to the Palliative Care Interdisciplinary Advisory Council
the findings of the study. Not later than October 1, 2022, the
advisory council shall include the findings of the study in the
report required under Section 118.010.
(e) This section expires September 1, 2023.
SECTION 2. Section 142.001(15), Health and Safety Code, is
amended to read as follows:
(15) "Hospice services" means services, including
services provided by unlicensed personnel under the delegation of a
registered nurse or physical therapist, provided to a client or a
client's family as part of a coordinated program consistent with
the standards and rules adopted under this chapter. These services
include [palliative care for terminally ill clients and] support
services for terminally ill patients [clients] and their families
that:
(A) are available 24 hours a day, seven days a
week, during the last stages of illness, during death, and during
bereavement;
(B) are provided by a medically directed
interdisciplinary team; and
(C) may be provided in a home, nursing home,
residential unit, or inpatient unit according to need. These
services do not include inpatient care normally provided in a
licensed hospital to a terminally ill person who has not elected to
be a hospice client.
SECTION 3. Section 142.001(20), Health and Safety Code, is
repealed.
SECTION 4. The Health and Human Services Commission shall
conduct the study required under Section 142A.0003, Health and
Safety Code, as added by this Act, only if the commission receives a
gift, grant, or donation or the legislature appropriates money
specifically for that purpose. If the commission does not receive a
gift, grant, or donation and the legislature does not appropriate
money specifically for that purpose, the commission may, but is not
required to, conduct the study using other money available for that
purpose.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 916 passed the Senate on
April 30, 2019, by the following vote: Yeas 30, Nays 1;
May 23, 2019, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 23, 2019, House
granted request of the Senate; May 26, 2019, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 916 passed the House, with
amendment, on May 17, 2019, by the following vote: Yeas 137,
Nays 9, one present not voting; May 23, 2019, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2019, House adopted Conference Committee Report by the
following vote: Yeas 128, Nays 16, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor