Texas 2025 - 89th Regular

Texas House Bill HB1989 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11037 EAS-F
2	2	By: Simmons H.B. No. 1989
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the confidentiality and reporting of certain maternal
10	10	mortality information to the Department of State Health Services,
11	11	to an exception to certain reporting requirements for health care
12	12	providers reviewing certain information on maternal mortality and
13	13	morbidity, to the reimbursement of travel expenses incurred by
14	14	Texas Maternal Mortality and Morbidity Review Committee members,
15	15	and to a work group establishing a maternal mortality and morbidity
16	16	data registry.
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	18	SECTION 1. This Act shall be known as Tomara's Bill.
19	19	SECTION 2. Section 34.001, Health and Safety Code, is
20	20	amended by adding Subdivision (11-a) and amending Subdivision (12)
21	21	to read as follows:
22	22	(11-a) "Pregnancy-associated death" means the death
23	23	of a woman from any cause that occurs during or within one year of
24	24	delivery or end of pregnancy, regardless of the outcome or location
25	25	of the pregnancy.
26	26	(12) "Pregnancy-related death" means the death of a
27	27	woman while pregnant or within one year of delivery or end of
28	28	pregnancy, regardless of the outcome, duration, or location [and
29	29	site] of the pregnancy, from any cause related to or aggravated by
30	30	the pregnancy or its management, but not from accidental or
31	31	incidental causes.
32	32	SECTION 3. The heading to Section 34.002, Health and Safety
33	33	Code, is amended to read as follows:
34	34	Sec. 34.002. TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW
35	35	COMMITTEE; REFERENCE IN LAW.
36	36	SECTION 4. Section 34.002, Health and Safety Code, is
37	37	amended by adding Subsection (a-1) and amending Subsection (e) to
38	38	read as follows:
39	39	(a-1) Notwithstanding any other law, a reference in this
40	40	chapter or other law to the Maternal Mortality and Morbidity Task
41	41	Force means the Texas Maternal Mortality and Morbidity Review
42	42	Committee.
43	43	(e) A member of the review committee appointed under
44	44	Subsection (b)(1) is not entitled to compensation for service on
45	45	the review committee, but may receive [or] reimbursement from the
46	46	department as provided by Section 2110.004, Government Code, for
47	47	travel [or other] expenses incurred by the member while conducting
48	48	the business of the review committee.
49	49	SECTION 5. Section 34.008, Health and Safety Code, is
50	50	amended by adding Subsection (e) to read as follows:
51	51	(e) Notwithstanding any other law and for purposes of this
52	52	chapter, a health care provider, including a nurse, who during the
53	53	review of information relevant to a case of pregnancy-associated
54	54	death, pregnancy-related death, or severe maternal morbidity
55	55	obtained under this chapter learns of conduct related to the
56	56	provider's profession that is subject to a reporting requirement is
57	57	exempt from that reporting requirement for the reviewed
58	58	information.
59	59	SECTION 6. Section 34.009(a), Health and Safety Code, is
60	60	amended to read as follows:
61	61	(a) Any information pertaining to a pregnancy-associated
62	62	death, a pregnancy-related death, or severe maternal morbidity is
63	63	confidential for purposes of this chapter.
64	64	SECTION 7. Section 34.014, Health and Safety Code, is
65	65	amended to read as follows:
66	66	Sec. 34.014. FUNDING. (a) The department may accept gifts
67	67	and grants from any source to fund the duties of the department and
68	68	the review committee under this chapter.
69	69	(b) The department may use only gifts, grants, or federal
70	70	funds to reimburse travel or other expenses incurred by a member of
71	71	the review committee in accordance with Section 34.002(e).
72	72	SECTION 8. Section 34.017, Health and Safety Code, is
73	73	amended by adding Subsections (c), (d), and (e) to read as follows:
74	74	(c) The department may allow voluntary and confidential
75	75	reporting to the department of pregnancy-associated deaths and
76	76	pregnancy-related deaths by health care professionals, health care
77	77	facilities, and persons who complete the medical certification for
78	78	a death certificate for deaths reviewed or analyzed by the review
79	79	committee.
80	80	(d) The department shall allow voluntary and confidential
81	81	reporting to the department of pregnancy-associated deaths and
82	82	pregnancy-related deaths by family members of or other appropriate
83	83	individuals associated with a deceased patient. The department
84	84	shall:
85	85	(1) post on the department's Internet website the
86	86	contact information of the person to whom a report may be submitted
87	87	under this subsection; and
88	88	(2) conduct outreach to local health organizations on
89	89	the availability of the review committee to review and analyze the
90	90	deaths described by this subsection.
91	91	(e) Information reported to the department under this
92	92	section is confidential in accordance with Section 34.009.
93	93	SECTION 9. Chapter 34, Health and Safety Code, is amended by
94	94	adding Section 34.022 to read as follows:
95	95	Sec. 34.022. DEVELOPMENT OF WORK GROUP ON ESTABLISHMENT OF
96	96	MATERNAL MORTALITY AND MORBIDITY DATA REGISTRY. (a) In this
97	97	section, "maternal mortality and morbidity data registry" means an
98	98	Internet website or database established to collect individualized
99	99	patient information and aggregate statistical reports on the health
100	100	status, health behaviors, and service delivery needs of maternal
101	101	patients.
102	102	(b) The department shall establish a work group to provide
103	103	advice and consultation services to the department on the report
104	104	and recommendations required by Subsection (e). The work group
105	105	consists of the following members appointed by the commissioner
106	106	unless otherwise provided:
107	107	(1) one member with appropriate expertise appointed by
108	108	the governor;
109	109	(2) two members with appropriate expertise appointed
110	110	by the lieutenant governor;
111	111	(3) two members with appropriate expertise appointed
112	112	by the speaker of the house of representatives;
113	113	(4) the chair of the Texas Hospital Association or the
114	114	chair's designee;
115	115	(5) the president of the Texas Medical Association or
116	116	the president's designee;
117	117	(6) the president of the Texas Nurses Association or
118	118	the president's designee;
119	119	(7) one member who is a physician specializing in
120	120	obstetrics and gynecology;
121	121	(8) one member who is a physician specializing in
122	122	maternal and fetal medicine;
123	123	(9) one member who is a registered nurse specializing
124	124	in labor and delivery;
125	125	(10) one member who is a representative of a hospital
126	126	located in a rural area of this state;
127	127	(11) one member who is a representative of a hospital
128	128	located in a county with a population of four million or more;
129	129	(12) one member who is a representative of a hospital
130	130	located in an urban area of this state in a county with a population
131	131	of less than four million;
132	132	(13) one member who is a representative of a public
133	133	hospital;
134	134	(14) one member who is a representative of a private
135	135	hospital;
136	136	(15) one member who is an epidemiologist;
137	137	(16) one member who is a statistician;
138	138	(17) one member who is a public health expert; and
139	139	(18) any other member with appropriate expertise as
140	140	the commissioner determines necessary.
141	141	(c) The work group shall elect from among the membership a
142	142	presiding officer.
143	143	(d) The work group shall meet periodically and at the call
144	144	of the presiding officer.
145	145	(e) With the goals of improving the quality of maternal care
146	146	and combating maternal mortality and morbidity and with the advice
147	147	of the work group established under this section, the department
148	148	shall assess and prepare a report and recommendations on the
149	149	establishment of a secure maternal mortality and morbidity data
150	150	registry to record information submitted by participating health
151	151	care providers on the health status of maternal patients over
152	152	varying periods, including the frequency and characteristics of
153	153	maternal mortality and morbidity during pregnancy and the
154	154	postpartum period.
155	155	(f) In developing the report and recommendations required
156	156	by Subsection (e), the department shall:
157	157	(1) consider individual maternal patient information
158	158	related to health status and health care received over varying
159	159	periods that should be submitted to the registry;
160	160	(2) review existing and developing registries used
161	161	within and outside this state that serve the same or a similar
162	162	purpose as a maternal mortality and morbidity data registry;
163	163	(3) review ongoing health data collection efforts and
164	164	initiatives in this state to avoid duplication and ensure
165	165	efficiency;
166	166	(4) review and consider existing laws that govern data
167	167	submission and sharing, including laws governing the
168	168	confidentiality and security of individually identifiable health
169	169	information; and
170	170	(5) evaluate the clinical period during which a health
171	171	care provider should submit to a maternal mortality and morbidity
172	172	data registry known and available information, including
173	173	information:
174	174	(A) from a maternal patient's first appointment
175	175	with an obstetrician and each subsequent appointment until the date
176	176	of delivery;
177	177	(B) for the 42 days following the date of a
178	178	patient's delivery; and
179	179	(C) until the 364th day following the date of a
180	180	patient's delivery.
181	181	(g) If the department recommends the establishment of a
182	182	maternal mortality and morbidity data registry, the report under
183	183	Subsection (e) must include specific recommendations on the
184	184	relevant individual patient information and categories of
185	185	information to be submitted to the registry, including
186	186	recommendations on the intervals for submission of information.
187	187	The categories must include:
188	188	(1) notifiable maternal deaths, including
189	189	individualized patient data on:
190	190	(A) patients who die during pregnancy; and
191	191	(B) patients who were pregnant at any point
192	192	during the 12 months preceding their death;
193	193	(2) individualized patient information on each
194	194	pregnancy and birth;
195	195	(3) individualized patient data on the most common
196	196	high-risk conditions for maternal patients and severe cases of
197	197	maternal morbidity;
198	198	(4) nonidentifying demographic data from the
199	199	provider's patient admissions records, including age, race, and
200	200	patient health benefit coverage status; and
201	201	(5) a statistical summary based on an aggregate of
202	202	individualized patient data that includes the following:
203	203	(A) total live births;
204	204	(B) maternal age distributions;
205	205	(C) maternal race and ethnicity distributions;
206	206	(D) health benefit plan issuer distributions;
207	207	(E) incidence of diabetes, hypertension, and
208	208	hemorrhage among patients;
209	209	(F) gestational age distributions;
210	210	(G) birth weight distributions;
211	211	(H) total preterm birth rate;
212	212	(I) rate of vaginal deliveries; and
213	213	(J) rate of cesarean sections.
214	214	(h) If the department establishes a maternal mortality and
215	215	morbidity data registry, a health care provider submitting
216	216	information to the registry shall comply with all applicable
217	217	federal and state laws relating to patient confidentiality and
218	218	quality of health care information.
219	219	(i) The report and recommendations required under
220	220	Subsection (e) must outline potential uses of a maternal mortality
221	221	and morbidity data registry, including:
222	222	(1) periodic department analysis of information
223	223	submitted to the registry; and
224	224	(2) the feasibility of preparing and issuing reports,
225	225	using aggregated information, to each health care provider
226	226	participating in the registry to improve the quality of maternal
227	227	care.
228	228	(j) Not later than September 1, 2026, the department shall
229	229	prepare and submit to the governor, the lieutenant governor, the
230	230	speaker of the house of representatives, the Legislative Budget
231	231	Board, and each standing committee of the legislature having
232	232	primary jurisdiction over the department and post on the
233	233	department's Internet website the report and recommendations
234	234	required under Subsection (e).
235	235	(k) This section expires September 1, 2027.
236	236	SECTION 10. Not later than December 1, 2025, the executive
237	237	commissioner of the Health and Human Services Commission shall
238	238	adopt rules as necessary to implement Section 34.022, Health and
239	239	Safety Code, as added by this Act.
240	240	SECTION 11. This Act takes effect September 1, 2025.