TX
Texas House Bill HB37

Texas 2025 - 89th Regular

Texas House Bill HB37 Compare Versions

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1-89R20958 MCF-D
2- By: Plesa, Oliverson, Leach, Orr, Campos H.B. No. 37
3- Substitute the following for H.B. No. 37:
4- By: VanDeaver C.S.H.B. No. 37
1+89R2948 KKR-D
2+ By: Plesa H.B. No. 37
3+
4+
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
9- relating to perinatal bereavement care provided by certain
10- hospitals, a perinatal bereavement care initiative, and a perinatal
11- bereavement care hospital recognition program.
9+ relating to perinatal palliative care provided by certain
10+ hospitals, a perinatal palliative care grant program, and a
11+ perinatal palliative care hospital recognition program.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Subtitle G, Title 4, Health and Safety Code, is
1414 amended by adding Chapter 328 to read as follows:
15- CHAPTER 328. PERINATAL BEREAVEMENT CARE SERVICES
15+ CHAPTER 328. PERINATAL PALLIATIVE CARE SERVICES
1616 Sec. 328.001. DEFINITIONS. In this chapter:
17- (1) "Department" means the Department of State Health
18- Services.
17+ (1) "Commission" means the Health and Human Services
18+ Commission.
1919 (2) "Executive commissioner" means the executive
2020 commissioner of the Health and Human Services Commission.
21- (3) "Hospital" means a hospital licensed under Chapter
21+ (3) "Grant program" means the perinatal palliative
22+ care grant program established under Section 328.003.
23+ (4) "Hospital" means a hospital licensed under Chapter
2224 241.
23- (4) "Initiative" means the perinatal bereavement care
24- initiative established under Section 328.003.
25- (5) "Perinatal bereavement care" means the provision
26- of supportive care for a prenatal diagnosis of a life-limiting
27- fetal condition.
28- (6) "Perinatal bereavement device" means a device with
29- technology capable of delaying for bereavement purposes the
30- deterioration of human tissue for up to 72 hours following an
31- intrauterine fetal demise, neonatal death, or stillbirth.
25+ (5) "Perinatal palliative care" means the provision of
26+ supportive care to reduce the suffering of parents and family
27+ members following a perinatal death or stillbirth.
28+ (6) "Perinatal palliative care cooling device" means a
29+ medical device, including a blanket or cradle, with a cooling
30+ mechanism to slow naturally occurring changes to the body following
31+ death.
3232 (7) "Recognition program" means the hospital
3333 recognition program established under Section 328.004.
34- Sec. 328.002. PERINATAL BEREAVEMENT CARE SERVICES REQUIRED
34+ Sec. 328.002. PERINATAL PALLIATIVE CARE SERVICES REQUIRED
3535 IN CERTAIN HOSPITALS. A hospital assigned a maternal level of care
36- designation under Section 241.182 shall, following an intrauterine
37- fetal demise, neonatal death, or stillbirth, make available to the
38- expectant parents and family members for a period equal to the
39- length of stay recommended by a medical professional for a birth:
40- (1) perinatal bereavement care counseling options;
41- and
42- (2) any available perinatal bereavement device.
43- Sec. 328.003. PERINATAL BEREAVEMENT CARE INITIATIVE. (a)
44- The department shall establish and administer a perinatal
45- bereavement care initiative to improve access to and quality of
46- perinatal bereavement care in this state.
47- (b) Under the initiative, the department may provide to
36+ designation under Section 241.182 shall, following a perinatal
37+ death or stillbirth, make available to the expectant parents and
38+ family members:
39+ (1) perinatal palliative care counseling; and
40+ (2) a perinatal palliative care cooling device.
41+ Sec. 328.003. PERINATAL PALLIATIVE CARE GRANT PROGRAM. (a)
42+ The executive commissioner by rule shall establish and the
43+ commission shall administer a perinatal palliative care grant
44+ program to improve the access to and quality of perinatal
45+ palliative care in this state. The commission may award grants to
4846 hospitals assigned a maternal level of care designation under
49- Section 241.182 the following resources for the hospital's
50- provision of perinatal bereavement care:
51- (1) for hospital personnel who provide maternal care,
52- training on interacting with parents and family members in a
53- considerate and respectful manner following an intrauterine fetal
54- demise, neonatal death, or stillbirth;
55- (2) a perinatal bereavement device, including:
56- (A) training for personnel on the use of the
57- device; and
58- (B) support to maintain the device; and
59- (3) any other resources necessary for providing
60- perinatal bereavement care.
61- (c) In providing resources to hospitals under the
62- initiative, the department shall prioritize hospitals that:
63- (1) lack access to a perinatal bereavement device;
64- (2) treat a greater number of high-risk maternal
65- patients; and
66- (3) deliver a greater number of babies.
67- (d) The department, as appropriate and using money
68- appropriated or otherwise available for that purpose, may award
69- grants under the initiative to hospitals assigned a maternal level
70- of care designation under Section 241.182 to increase access to
71- perinatal bereavement care resources.
72- (e) The department may accept gifts, grants, and donations
73- from any source for the purposes of the initiative.
47+ Section 241.182 for the hospital's provision of perinatal
48+ palliative care.
49+ (b) A hospital awarded money under the grant program may use
50+ the money only for the reasonable costs, as determined by
51+ commission rule, of:
52+ (1) training hospital personnel who provide maternal
53+ care on interacting with parents and family members in a
54+ considerate and respectful manner following a perinatal death or
55+ stillbirth; and
56+ (2) obtaining and maintaining a perinatal palliative
57+ care cooling device and training personnel on use of the device.
58+ (c) The executive commissioner by rule shall establish
59+ eligibility criteria and a scoring system for awarding grants under
60+ the grant program to hospitals assigned a maternal level of care
61+ designation under Section 241.182.
62+ (d) The commission may accept gifts, grants, and donations
63+ from any source for the purposes of the grant program.
7464 Sec. 328.004. HOSPITAL RECOGNITION PROGRAM. The executive
75- commissioner, in collaboration with the Perinatal Advisory Council
76- established under Section 241.187, shall:
65+ commissioner by rule, in collaboration with the Palliative Care
66+ Interdisciplinary Advisory Council established under Chapter 118,
67+ shall:
7768 (1) develop and implement a program to recognize
7869 hospitals assigned a maternal level of care designation under
79- Section 241.182 that provide perinatal bereavement care training to
70+ Section 241.182 that provide perinatal palliative care training to
8071 hospital personnel; and
8172 (2) adopt criteria for awarding recognition to a
8273 hospital under the recognition program.
8374 SECTION 2. As soon as practicable after the effective date
8475 of this Act, the executive commissioner of the Health and Human
85- Services Commission may adopt the rules necessary to implement
86- Chapter 328, Health and Safety Code, as added by this Act.
76+ Services Commission shall adopt rules to implement Chapter 328,
77+ Health and Safety Code, as added by this Act.
8778 SECTION 3. This Act takes effect September 1, 2025.