Texas 2023 - 88th Regular

Texas Senate Bill SB1458 Latest Draft

Bill / Introduced Version Filed 03/02/2023

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                            88R9823 KKR-D
 By: Miles S.B. No. 1458


 A BILL TO BE ENTITLED
 AN ACT
 relating to the provision of certain information about Medicaid
 benefits in relation to newborn children.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,
 is amended by adding Section 32.0631 to read as follows:
 Sec. 32.0631.  ANNUAL NOTICE TO CERTAIN PROVIDERS REGARDING
 USE OF MEDICAID IDENTIFICATION NUMBERS WITH RESPECT TO NEWBORN
 CHILDREN. The commission shall annually provide written notice to
 each health care provider who regularly provides health care
 services to Medicaid recipients who are pregnant women or newborn
 children:
 (1)  reminding the providers that when a newborn child
 of a Medicaid recipient has not been assigned a Medicaid
 identification number, the provider may use the recipient's
 Medicaid identification number on any claim for reimbursement under
 Medicaid; and
 (2)  encouraging providers to educate Medicaid
 recipients who are mothers or the prospective mothers of newborn
 children that the recipient may use the recipient's Medicaid
 identification number until the recipient's newborn child is
 enrolled in Medicaid.
 SECTION 2.  Section 161.501(a), Health and Safety Code, is
 amended to read as follows:
 (a)  A hospital, birthing center, physician, nurse midwife,
 or midwife who provides prenatal care to a pregnant woman during
 gestation or at delivery of an infant shall:
 (1)  provide the woman and the father of the infant, if
 possible, or another adult caregiver for the infant, with a
 resource pamphlet that includes:
 (A)  a list of the names, addresses, and phone
 numbers of professional organizations that provide postpartum
 counseling and assistance to parents relating to postpartum
 depression and other emotional trauma associated with pregnancy and
 parenting;
 (B)  information regarding the prevention of
 shaken baby syndrome including:
 (i)  techniques for coping with anger caused
 by a crying baby;
 (ii)  different methods for preventing a
 person from shaking a newborn, infant, or other young child;
 (iii)  the dangerous effects of shaking a
 newborn, infant, or other young child; and
 (iv)  the symptoms of shaken baby syndrome
 and who to contact, as recommended by the American Academy of
 Pediatrics, if a parent suspects or knows that a baby has been
 shaken in order to receive prompt medical treatment;
 (C)  a list of diseases for which a child is
 required by state law to be immunized and the appropriate schedule
 for the administration of those immunizations;
 (D)  the appropriate schedule for follow-up
 procedures for newborn screening;
 (E)  information regarding sudden infant death
 syndrome, including current recommendations for infant sleeping
 conditions to lower the risk of sudden infant death syndrome;
 (F)  educational information in both English and
 Spanish on:
 (i)  pertussis disease and the availability
 of a vaccine to protect against pertussis, including information on
 the Centers for Disease Control and Prevention recommendation that
 parents receive Tdap during the postpartum period to protect
 newborns from the transmission of pertussis; and
 (ii)  the incidence of cytomegalovirus,
 birth defects caused by congenital cytomegalovirus, and available
 resources for the family of an infant born with congenital
 cytomegalovirus; [and]
 (G)  the danger of heatstroke for a child left
 unattended in a motor vehicle; and
 (H)  information about Medicaid benefits for
 children, including eligibility requirements and the process for
 applying for those benefits;
 (2)  if the woman is a recipient of medical assistance
 under Chapter 32, Human Resources Code, provide the woman and the
 father of the infant, if possible, or another adult caregiver with a
 resource guide that includes information in both English and
 Spanish relating to the development, health, and safety of a child
 from birth until age five, including information relating to:
 (A)  selecting and interacting with a primary
 health care practitioner and establishing a "medical home" for the
 child;
 (B)  dental care;
 (C)  effective parenting;
 (D)  child safety;
 (E)  the importance of reading to a child;
 (F)  expected developmental milestones;
 (G)  health care resources available in the state;
 (H)  selecting appropriate child care; and
 (I)  other resources available in the state;
 (3)  document in the woman's record that the woman
 received the resource pamphlet described in Subdivision (1) and the
 resource guide described in Subdivision (2), if applicable; and
 (4)  retain the documentation for at least five years
 in the hospital's, birthing center's, physician's, nurse midwife's,
 or midwife's records.
 SECTION 3.  (a) Not later than December 1, 2023, the
 Department of State Health Services shall include the information
 required by Section 161.501(a)(1)(H), Health and Safety Code, as
 added by this Act, in the informational materials required by that
 section.
 (b)  Notwithstanding Section 161.501(a)(1)(H), Health and
 Safety Code, as added by this Act, a hospital, birthing center,
 physician, nurse midwife, or midwife who provides prenatal care to
 a pregnant woman during gestation or at delivery of an infant is not
 required to comply with that provision until January 1, 2024.
 SECTION 4.  This Act takes effect September 1, 2023.