1 | 1 | | 89R13361 AB-D |
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2 | 2 | | By: Guerra H.B. No. 4122 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the provision of certain information about Medicaid |
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10 | 10 | | benefits for certain postpartum women. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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13 | 13 | | is amended by adding Section 32.0631 to read as follows: |
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14 | 14 | | Sec. 32.0631. ANNUAL NOTICE TO CERTAIN PROVIDERS REGARDING |
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15 | 15 | | POSTPARTUM MEDICAID ELIGIBILITY. The commission shall annually |
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16 | 16 | | provide written notice to each health care provider who regularly |
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17 | 17 | | provides health care services to Medicaid recipients who are |
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18 | 18 | | pregnant women or newborn children: |
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19 | 19 | | (1) informing or reminding the providers that a |
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20 | 20 | | postpartum woman is eligible for medical assistance for a 12-month |
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21 | 21 | | period beginning on the last day of the woman's pregnancy in |
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22 | 22 | | accordance with Section 32.024(l-1); and |
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23 | 23 | | (2) encouraging providers to educate Medicaid |
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24 | 24 | | recipients who are mothers or the prospective mothers of newborn |
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25 | 25 | | children about the 12-month eligibility period described by |
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26 | 26 | | Subdivision (1). |
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27 | 27 | | SECTION 2. Section 161.501(a), Health and Safety Code, is |
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28 | 28 | | amended to read as follows: |
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29 | 29 | | (a) A hospital, birthing center, physician, nurse midwife, |
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30 | 30 | | or midwife who provides prenatal care to a pregnant woman during |
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31 | 31 | | gestation or at delivery of an infant shall: |
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32 | 32 | | (1) provide the woman and the father of the infant, if |
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33 | 33 | | possible, or another adult caregiver for the infant, with a |
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34 | 34 | | resource pamphlet that includes: |
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35 | 35 | | (A) a list of the names, addresses, and phone |
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36 | 36 | | numbers of professional organizations that provide postpartum |
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37 | 37 | | counseling and assistance to parents relating to postpartum |
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38 | 38 | | depression and other emotional trauma associated with pregnancy and |
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39 | 39 | | parenting; |
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40 | 40 | | (B) information regarding the prevention of |
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41 | 41 | | shaken baby syndrome including: |
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42 | 42 | | (i) techniques for coping with anger caused |
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43 | 43 | | by a crying baby; |
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44 | 44 | | (ii) different methods for preventing a |
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45 | 45 | | person from shaking a newborn, infant, or other young child; |
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46 | 46 | | (iii) the dangerous effects of shaking a |
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47 | 47 | | newborn, infant, or other young child; and |
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48 | 48 | | (iv) the symptoms of shaken baby syndrome |
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49 | 49 | | and who to contact, as recommended by the American Academy of |
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50 | 50 | | Pediatrics, if a parent suspects or knows that a baby has been |
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51 | 51 | | shaken in order to receive prompt medical treatment; |
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52 | 52 | | (C) a list of diseases for which a child is |
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53 | 53 | | required by state law to be immunized and the appropriate schedule |
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54 | 54 | | for the administration of those immunizations; |
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55 | 55 | | (D) the appropriate schedule for follow-up |
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56 | 56 | | procedures for newborn screening; |
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57 | 57 | | (E) information regarding sudden infant death |
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58 | 58 | | syndrome, including current recommendations for infant sleeping |
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59 | 59 | | conditions to lower the risk of sudden infant death syndrome; |
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60 | 60 | | (F) educational information in both English and |
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61 | 61 | | Spanish on: |
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62 | 62 | | (i) pertussis disease and the availability |
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63 | 63 | | of a vaccine to protect against pertussis, including information on |
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64 | 64 | | the Centers for Disease Control and Prevention recommendation that |
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65 | 65 | | parents receive Tdap during the postpartum period to protect |
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66 | 66 | | newborns from the transmission of pertussis; and |
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67 | 67 | | (ii) the incidence of cytomegalovirus, |
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68 | 68 | | birth defects caused by congenital cytomegalovirus, and available |
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69 | 69 | | resources for the family of an infant born with congenital |
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70 | 70 | | cytomegalovirus; and |
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71 | 71 | | (G) the danger of heatstroke for a child left |
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72 | 72 | | unattended in a motor vehicle; |
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73 | 73 | | (2) if the woman is a recipient of medical assistance |
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74 | 74 | | under Chapter 32, Human Resources Code, provide the woman and the |
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75 | 75 | | father of the infant, if possible, or another adult caregiver with a |
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76 | 76 | | resource guide that includes information in both English and |
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77 | 77 | | Spanish relating to the development, health, and safety of a child |
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78 | 78 | | from birth until age five, including information relating to: |
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79 | 79 | | (A) selecting and interacting with a primary |
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80 | 80 | | health care practitioner and establishing a "medical home" for the |
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81 | 81 | | child; |
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82 | 82 | | (B) dental care; |
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83 | 83 | | (C) effective parenting; |
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84 | 84 | | (D) child safety; |
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85 | 85 | | (E) the importance of reading to a child; |
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86 | 86 | | (F) expected developmental milestones; |
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87 | 87 | | (G) health care resources available in the state; |
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88 | 88 | | (H) selecting appropriate child care; [and] |
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89 | 89 | | (I) other resources available in the state; and |
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90 | 90 | | (J) the woman's eligibility for medical |
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91 | 91 | | assistance for a 12-month period beginning on the last day of the |
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92 | 92 | | woman's pregnancy in accordance with Section 32.024(l-1), Human |
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93 | 93 | | Resources Code; |
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94 | 94 | | (3) document in the woman's record that the woman |
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95 | 95 | | received the resource pamphlet described in Subdivision (1) and the |
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96 | 96 | | resource guide described in Subdivision (2), if applicable; and |
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97 | 97 | | (4) retain the documentation for at least five years |
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98 | 98 | | in the hospital's, birthing center's, physician's, nurse midwife's, |
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99 | 99 | | or midwife's records. |
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100 | 100 | | SECTION 3. (a) Not later than December 1, 2025, the |
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101 | 101 | | Department of State Health Services shall include the information |
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102 | 102 | | required by Section 161.501(a)(2)(J), Health and Safety Code, as |
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103 | 103 | | added by this Act, in the informational materials required by that |
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104 | 104 | | section. |
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105 | 105 | | (b) Notwithstanding Section 161.501(a)(2)(J), Health and |
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106 | 106 | | Safety Code, as added by this Act, a hospital, birthing center, |
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107 | 107 | | physician, nurse midwife, or midwife who provides prenatal care to |
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108 | 108 | | a pregnant woman during gestation or at delivery of an infant is not |
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109 | 109 | | required to comply with that provision until January 1, 2026. |
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110 | 110 | | SECTION 4. This Act takes effect September 1, 2025. |
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