Texas 2023 - 88th Regular

Texas House Bill HB1481 Compare Versions

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1	1	88R3380 KKR-D
2	2	By: Rose H.B. No. 1481
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to sickle cell disease health care improvement and the
8	8	sickle cell task force.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 533, Government Code, is
11	11	amended by adding Section 533.0091 to read as follows:
12	12	Sec. 533.0091. SICKLE CELL DISEASE TREATMENT; HEALTH HOMES.
13	13	(a) In this section, "health home" means a primary care provider
14	14	or, if appropriate, a specialty care provider, incorporating into
15	15	patient care several features, including comprehensive care
16	16	coordination, family-centered care, and data management, that are
17	17	focused on improving outcome-based quality of care and increasing
18	18	patient and provider satisfaction.
19	19	(b) The commission shall:
20	20	(1) in collaboration with the sickle cell task force
21	21	established under Chapter 52, Health and Safety Code:
22	22	(A) ensure that health care services provided
23	23	under a managed care plan to recipients diagnosed with sickle cell
24	24	disease align with national clinical practice guidelines and
25	25	protocols for sickle cell disease treatment;
26	26	(B) consider using sickle cell clinical
27	27	evaluation and treatment guidelines, including those recommended
28	28	by the American Society of Hematology or the Children's Hospital of
29	29	Philadelphia; and
30	30	(C) increase sickle cell disease education for
31	31	Medicaid providers, including emergency room providers; and
32	32	(2) use the commission's Texas Healthcare Learning
33	33	Collaborative to identify opportunities for improving health
34	34	outcomes of recipients diagnosed with sickle cell disease by:
35	35	(A) reducing hospital admissions and
36	36	readmissions; and
37	37	(B) connecting those recipients to a sickle cell
38	38	disease health home or sickle cell disease expert.
39	39	(c) The commission shall establish one or more health homes
40	40	in this state for recipients diagnosed with sickle cell disease to:
41	41	(1) reduce barriers preventing recipients diagnosed
42	42	with sickle cell disease from receiving necessary health care;
43	43	(2) prevent unnecessary hospitalizations and
44	44	vaso-occlusive crises;
45	45	(3) avoid duplication of services; and
46	46	(4) reduce costs associated with sickle cell disease
47	47	treatment.
48	48	(d) A health home established under this section must:
49	49	(1) provide to a recipient diagnosed with sickle cell
50	50	disease:
51	51	(A) comprehensive care management;
52	52	(B) care coordination;
53	53	(C) health promotion;
54	54	(D) comprehensive transitional and follow-up
55	55	care;
56	56	(E) patient and family support; and
57	57	(F) referral to community and social support
58	58	services; and
59	59	(2) use the existing Medicaid managed care delivery
60	60	system in a manner that avoids duplication of services and payment.
61	61	SECTION 2. Sections 52.0003 and 52.0007, Health and Safety
62	62	Code, are amended to read as follows:
63	63	Sec. 52.0003. COMPOSITION OF TASK FORCE. The task force is
64	64	composed of the following members appointed by the executive
65	65	commissioner:
66	66	(1) two members from community-based organizations
67	67	with experience addressing the needs of individuals with sickle
68	68	cell disease;
69	69	(2) two physicians specializing in hematology;
70	70	(3) two members of the public, each of whom either has
71	71	sickle cell disease or is a parent of a person with sickle cell
72	72	disease or trait; [and]
73	73	(4) one representative of a health-related
74	74	institution;
75	75	(5) one representative of the Texas Education Agency;
76	76	and
77	77	(6) one representative of the commission.
78	78	Sec. 52.0007. ANNUAL REPORT. (a) Not later than December 1
79	79	of each year, the task force shall prepare and submit to the
80	80	governor and the legislature an annual written report that
81	81	summarizes the task force's work and includes any recommended
82	82	actions or policy changes endorsed by the task force.
83	83	(b) The task force shall, in collaboration with the
84	84	commission, include in the task force's annual report
85	85	recommendations for improving sickle cell disease education for
86	86	health care providers.
87	87	SECTION 3. Subtitle B, Title 2, Health and Safety Code, is
88	88	amended by adding Chapter 52A to read as follows:
89	89	CHAPTER 52A. SICKLE CELL DISEASE CARE EDUCATION AND TREATMENT
90	90	Sec. 52A.001. DEFINITION. In this chapter, "sickle cell
91	91	task force" means the sickle cell task force established under
92	92	Chapter 52.
93	93	Sec. 52A.002. SICKLE CELL DISEASE SURVEILLANCE SYSTEM. (a)
94	94	Using grant money awarded by the Centers for Disease Control and
95	95	Prevention's Sickle Cell Data Collection Program, the department
96	96	shall establish and maintain a voluntary sickle cell disease
97	97	surveillance system to determine:
98	98	(1) the number of individuals with sickle cell disease
99	99	in this state;
100	100	(2) the manner in which individuals with sickle cell
101	101	disease use health care services; and
102	102	(3) health outcomes of individuals with sickle cell
103	103	disease.
104	104	(b) The sickle cell disease surveillance system must
105	105	include:
106	106	(1) a de-identified record of individuals diagnosed
107	107	with sickle cell disease or sickle cell trait in this state; and
108	108	(2) any other de-identified information concerning
109	109	cases of sickle cell disease or sickle cell trait that the
110	110	department considers necessary and appropriate.
111	111	(c) An individual who is diagnosed with sickle cell disease
112	112	or sickle cell trait may voluntarily register with the department
113	113	for inclusion in the sickle cell disease surveillance system.
114	114	(d) After an individual registers with the department under
115	115	Subsection (c), a health care facility or health care provider who
116	116	treats the individual shall provide to the department, in the form
117	117	and manner the department prescribes, data the department considers
118	118	necessary and appropriate concerning cases of sickle cell disease.
119	119	(e) The executive commissioner by rule shall develop
120	120	guidelines to:
121	121	(1) obtain information from health care facilities
122	122	regarding cases of sickle cell disease;
123	123	(2) protect the confidentiality of individuals
124	124	diagnosed with sickle cell disease in accordance with Section
125	125	159.002, Occupations Code; and
126	126	(3) ensure the sickle cell disease surveillance system
127	127	is developed in a manner consistent with:
128	128	(A) the Health Insurance Portability and
129	129	Accountability Act of 1996 (Pub. L. No. 104-191);
130	130	(B) regulations adopted under that Act; and
131	131	(C) other applicable laws and regulations
132	132	governing disclosure of health information.
133	133	(f) Information obtained under this section is confidential
134	134	and privileged and:
135	135	(1) is not subject to disclosure under Chapter 552,
136	136	Government Code;
137	137	(2) is not subject to subpoena or discovery or
138	138	otherwise compelled to be produced in any administrative, civil,
139	139	criminal, or other proceeding; and
140	140	(3) may not be introduced into evidence in any
141	141	administrative, civil, criminal, or other proceeding.
142	142	(g) The department may compile and publish statistical and
143	143	other studies derived from de-identified data obtained under this
144	144	chapter.
145	145	(h) The executive commissioner shall adopt rules necessary
146	146	to implement this section.
147	147	Sec. 52A.003. TEXAS HEALTH SERVICE AUTHORITY EMERGENCY
148	148	DEPARTMENT ENCOUNTER NOTIFICATIONS SYSTEM. The Texas Health
149	149	Services Authority established under Chapter 182 shall collect and
150	150	analyze clinical data and use the emergency department encounter
151	151	notifications system to ensure an individual diagnosed with sickle
152	152	cell disease is not incorrectly identified as an individual who
153	153	misuses opioid drugs.
154	154	Sec. 52A.004. EMERGENCY AND PRIMARY CARE MEDICINE GRADUATE
155	155	MEDICAL EDUCATION PROGRAM CURRICULUM. (a) In this section,
156	156	"graduate medical education program" and "medical school" have the
157	157	meanings assigned by Section 58A.001, Education Code.
158	158	(b) A medical school in this state that offers an emergency
159	159	medicine, family medicine, or internal medicine residency program
160	160	shall include in the curriculum requirements for the program
161	161	education focused on sickle cell disease and sickle cell trait. The
162	162	medical school may enter into agreements as necessary for the
163	163	purposes of this section.
164	164	Sec. 52A.005. INFORMATION FOR PUBLIC SCHOOL DISTRICT
165	165	PERSONNEL. (a) The Texas Education Agency shall partner with
166	166	sickle cell disease community-based organizations to provide
167	167	information on sickle cell disease and sickle cell trait to public
168	168	school districts and district staff, including school nurses,
169	169	teachers, and coaches.
170	170	(b) The commission in collaboration with the sickle cell
171	171	task force shall explore methods for improving sickle cell disease
172	172	education and awareness within the public school system and provide
173	173	recommendations to the Texas Education Agency on the improvement
174	174	methods.
175	175	SECTION 4. (a) Not later than the second anniversary of the
176	176	date the Health and Human Services Commission establishes a health
177	177	home for Medicaid recipients diagnosed with sickle cell disease in
178	178	accordance with Section 533.0091(c), Government Code, as added by
179	179	this Act, the commission shall submit to the governor and the
180	180	legislature a report on the effects of using a health home for those
181	181	recipients, including:
182	182	(1) health outcomes of those recipients; and
183	183	(2) cost savings to this state associated with sickle
184	184	cell disease treatment.
185	185	(b) The Health and Human Services Commission may include the
186	186	report required under Subsection (a) of this section with the
187	187	annual report the sickle cell task force is required to submit under
188	188	Section 52.0007, Health and Safety Code, as amended by this Act.
189	189	SECTION 5. As soon as practicable after the effective date
190	190	of this Act, the executive commissioner of the Health and Human
191	191	Services Commission shall:
192	192	(1) in accordance with Section 1945, Social Security
193	193	Act (42 U.S.C. Section 1396w-4), seek from the appropriate federal
194	194	agency an amendment to the state's Medicaid state plan to implement
195	195	Section 533.0091, Government Code, as added by this Act, and the
196	196	commission may delay implementing that section until the state plan
197	197	amendment is approved;
198	198	(2) appoint the new members of the sickle cell task
199	199	force as required by Section 52.0003, Health and Safety Code, as
200	200	amended by this Act; and
201	201	(3) apply for a grant from the Centers for Disease
202	202	Control and Prevention's Sickle Cell Data Collection Program to
203	203	establish a voluntary sickle cell disease surveillance system under
204	204	Section 52A.002, Health and Safety Code, as added by this Act.
205	205	SECTION 6. Section 52A.004, Health and Safety Code, as
206	206	added by this Act, applies to residents entering an emergency
207	207	medicine, family medicine, or internal residency program at a
208	208	medical school in this state on or after January 1, 2024.
209	209	SECTION 7. This Act takes effect September 1, 2023.