Texas 2025 - 89th Regular

Texas House Bill HB3940 Compare Versions

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

Old	New	Differences
1	1	89R9324 KKR-F
2	2	By: Johnson H.B. No. 3940
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the provision of certain information about Medicaid
10	10	benefits in relation to newborn children.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
13	13	is amended by adding Section 32.0631 to read as follows:
14	14	Sec. 32.0631. ANNUAL NOTICE TO CERTAIN PROVIDERS REGARDING
15	15	USE OF MEDICAID IDENTIFICATION NUMBERS WITH RESPECT TO NEWBORN
16	16	CHILDREN. The commission shall annually provide written notice to
17	17	each managed care organization and health care provider, including
18	18	hospitals and other health care facilities participating in
19	19	Medicaid that regularly provide health care services to medical
20	20	assistance recipients who are pregnant women or newborn children:
21	21	(1) reminding the organizations and providers that
22	22	when a newborn child of a recipient has not been assigned a Medicaid
23	23	identification number, the provider may accept or use the
24	24	recipient's Medicaid identification number on any claim for
25	25	reimbursement under Medicaid; and
26	26	(2) encouraging organizations and providers to
27	27	educate recipients who are mothers or the prospective mothers of
28	28	newborn children that the recipient may use the recipient's
29	29	Medicaid identification number until the recipient's newborn child
30	30	is enrolled in Medicaid.
31	31	SECTION 2. Section 161.501(a), Health and Safety Code, is
32	32	amended to read as follows:
33	33	(a) A hospital, birthing center, physician, nurse midwife,
34	34	or midwife who provides prenatal care to a pregnant woman during
35	35	gestation or at delivery of an infant shall:
36	36	(1) provide the woman and the father of the infant, if
37	37	possible, or another adult caregiver for the infant, with a
38	38	resource pamphlet that includes:
39	39	(A) a list of the names, addresses, and phone
40	40	numbers of professional organizations that provide postpartum
41	41	counseling and assistance to parents relating to postpartum
42	42	depression and other emotional trauma associated with pregnancy and
43	43	parenting;
44	44	(B) information regarding the prevention of
45	45	shaken baby syndrome including:
46	46	(i) techniques for coping with anger caused
47	47	by a crying baby;
48	48	(ii) different methods for preventing a
49	49	person from shaking a newborn, infant, or other young child;
50	50	(iii) the dangerous effects of shaking a
51	51	newborn, infant, or other young child; and
52	52	(iv) the symptoms of shaken baby syndrome
53	53	and who to contact, as recommended by the American Academy of
54	54	Pediatrics, if a parent suspects or knows that a baby has been
55	55	shaken in order to receive prompt medical treatment;
56	56	(C) a list of diseases for which a child is
57	57	required by state law to be immunized and the appropriate schedule
58	58	for the administration of those immunizations;
59	59	(D) the appropriate schedule for follow-up
60	60	procedures for newborn screening;
61	61	(E) information regarding sudden infant death
62	62	syndrome, including current recommendations for infant sleeping
63	63	conditions to lower the risk of sudden infant death syndrome;
64	64	(F) educational information in both English and
65	65	Spanish on:
66	66	(i) pertussis disease and the availability
67	67	of a vaccine to protect against pertussis, including information on
68	68	the Centers for Disease Control and Prevention recommendation that
69	69	parents receive Tdap during the postpartum period to protect
70	70	newborns from the transmission of pertussis; and
71	71	(ii) the incidence of cytomegalovirus,
72	72	birth defects caused by congenital cytomegalovirus, and available
73	73	resources for the family of an infant born with congenital
74	74	cytomegalovirus; [and]
75	75	(G) the danger of heatstroke for a child left
76	76	unattended in a motor vehicle; and
77	77	(H) information about Medicaid benefits for
78	78	children, including eligibility requirements and the process for
79	79	applying for those benefits;
80	80	(2) if the woman is a recipient of medical assistance
81	81	under Chapter 32, Human Resources Code, provide the woman and the
82	82	father of the infant, if possible, or another adult caregiver with:
83	83	(A) a resource guide that includes information in
84	84	both English and Spanish relating to the development, health, and
85	85	safety of a child from birth until age five, including information
86	86	relating to:
87	87	(i) [(A)] selecting and interacting with a
88	88	primary health care practitioner and establishing a "medical home"
89	89	for the child;
90	90	(ii) [(B)] dental care;
91	91	(iii) [(C)] effective parenting;
92	92	(iv) [(D)] child safety;
93	93	(v) [(E)] the importance of reading to a
94	94	child;
95	95	(vi) [(F)] expected developmental
96	96	milestones;
97	97	(vii) [(G)] health care resources
98	98	available in the state;
99	99	(viii) [(H)] selecting appropriate child
100	100	care; [and]
101	101	(ix) [(I)] other resources available in the
102	102	state; and
103	103	(x) how to contact the commission to report
104	104	the child's birth for the purpose of enrolling the newborn child in
105	105	Medicaid; and
106	106	(B) a written notice developed by the commission
107	107	informing the woman, father, or other caregiver that the newborn
108	108	child is automatically eligible for Medicaid and that the woman's
109	109	Medicaid identification number may be used on reimbursement claims
110	110	for services provided to the woman's newborn child until the child
111	111	is enrolled in Medicaid and assigned a separate Medicaid
112	112	identification number;
113	113	(3) document in the woman's record that the woman
114	114	received the resource pamphlet described in Subdivision (1) and the
115	115	resource guide and notice described in Subdivision (2), if
116	116	applicable; and
117	117	(4) retain the documentation for at least five years
118	118	in the hospital's, birthing center's, physician's, nurse midwife's,
119	119	or midwife's records.
120	120	SECTION 3. (a) Not later than December 1, 2025:
121	121	(1) the Department of State Health Services shall
122	122	include the information required by Sections 161.501(a)(1)(H) and
123	123	(a)(2)(A)(x), Health and Safety Code, as added by this Act, in the
124	124	informational materials required by that section; and
125	125	(2) the Health and Human Services Commission shall
126	126	develop the notice required by Section 161.501(a)(2)(B), Health and
127	127	Safety Code, as added by this Act.
128	128	(b) Notwithstanding Section 161.501(a), Health and Safety
129	129	Code, as amended by this Act, a hospital, birthing center,
130	130	physician, nurse midwife, or midwife who provides prenatal care to
131	131	a pregnant woman during gestation or at delivery of an infant is not
132	132	required to comply with that provision until January 1, 2026.
133	133	SECTION 4. This Act takes effect September 1, 2025.