Bill Text: TX HB10 | 2017 | 85th Legislature 1st Special Session | Engrossed
Bill Title: Relating to maternal morbidity and pregnancy-related deaths.
Spectrum: Moderate Partisan Bill (Democrat 21-5)
Status: (Engrossed - Dead) 2017-08-01 - Received from the House [HB10 Detail]
Download: Texas-2017-HB10-Engrossed.html
85S11848 DMS-D | ||
By: Walle, Davis of Harris, Minjarez, Howard, | H.B. No. 10 | |
et al. |
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relating to maternal morbidity and pregnancy-related deaths. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 34.005, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 34.005. DUTIES OF TASK FORCE. The task force shall: | ||
(1) study and review: | ||
(A) cases of pregnancy-related deaths; and | ||
(B) trends, rates, or disparities in | ||
pregnancy-related deaths and [ |
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(2) determine the feasibility of the task force | ||
studying cases of severe maternal morbidity; [ |
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(3) make recommendations to help reduce the incidence | ||
of pregnancy-related deaths and severe maternal morbidity in this | ||
state; and | ||
(4) identify practice opportunities in maternal | ||
health care and develop evidence-based best practice | ||
recommendations for maternal health care, prioritized to address | ||
the most prevalent causes of pregnancy-related death and severe | ||
maternal morbidity. | ||
SECTION 2. Section 34.006(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) In gathering information, the department and task force | ||
may consult with representatives of any state agencies, | ||
collaboratives, and councils and any relevant state professional | ||
associations and organizations, including: | ||
(1) District XI of the American Congress of | ||
Obstetricians and Gynecologists; | ||
(2) the Texas Association of Obstetricians and | ||
Gynecologists; | ||
(3) the Texas Nurses Association; | ||
(4) the Texas Section of the Association of Women's | ||
Health, Obstetric and Neonatal Nurses; | ||
(5) the Texas Academy of Family Physicians; | ||
(6) the Texas Pediatric Society; | ||
(7) the Consortium of Texas Certified Nurse-Midwives; | ||
(8) the Association of Texas Midwives; | ||
(9) the Texas Hospital Association; | ||
(10) the Texas Medical Association; [ |
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(11) the Texas Public Health Association; | ||
(12) the commission; | ||
(13) the state perinatal quality collaborative; and | ||
(14) the Perinatal Advisory Council, as defined by | ||
Section 241.187. | ||
SECTION 3. Sections 34.007(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) The department shall determine a statistically | ||
significant number of cases of pregnancy-related deaths for review. | ||
The department shall either randomly select cases or select all | ||
cases for the task force to review under this subsection to reflect | ||
a cross-section of pregnancy-related deaths in this state. | ||
(b) The department shall statistically analyze aggregate | ||
data of pregnancy-related deaths and severe maternal morbidity in | ||
this state to identify any trends, rates, or disparities. | ||
SECTION 4. Chapter 34, Health and Safety Code, is amended by | ||
adding Sections 34.0156 and 34.0157 to read as follows: | ||
Sec. 34.0156. MATERNAL HEALTH CARE INFORMATION; ACTION NOT | ||
CREATED. (a) Using existing resources, the department, in | ||
collaboration with the task force, the commission, and the state | ||
perinatal quality collaborative, shall promote and facilitate the | ||
use among health care providers in this state of maternal health | ||
care informational materials, including tools and procedures | ||
related to best practice recommendations for maternal health care | ||
developed under Section 34.005. | ||
(b) Not later than December 1 of each even-numbered year, | ||
the department shall submit to the executive commissioner, | ||
governor, lieutenant governor, speaker of the house of | ||
representatives, Legislative Budget Board, and appropriate | ||
standing committees of the legislature a report that includes: | ||
(1) a summary of the implementation and outcomes of | ||
providing the informational materials described by Subsection (a); | ||
and | ||
(2) recommendations for improving the informational | ||
materials provided under Subsection (a). | ||
(c) Notwithstanding any other law, the promotion, | ||
facilitation, provision, use, or failure to use the informational | ||
materials described by Subsection (a) does not create a cause of | ||
action or create a standard of care, obligation, or duty that | ||
provides a basis for a cause of action. Evidence that a person | ||
failed to comply with the practices or procedures recommended in | ||
the informational materials is not admissible in a civil, judicial, | ||
or administrative proceeding. | ||
Sec. 34.0157. FEASIBILITY STUDY RELATED TO MATERNAL HEALTH | ||
AND SAFETY INITIATIVE. (a) Using existing resources and not later | ||
than December 1, 2018, the commission shall study and determine the | ||
feasibility of facilitating the adoption of best practice | ||
recommendations under Section 34.005 and improving maternal health | ||
outcomes as part of a value-based and quality improvement | ||
initiative to promote better health outcomes and to lower costs for | ||
publicly funded health care services. In conducting the study, the | ||
commission as necessary shall consult with interested persons, | ||
including managed care organizations and providers. | ||
(b) The department shall collaborate with the commission in | ||
compiling available data and information needed to complete the | ||
feasibility study under Subsection (a). | ||
(c) The commission shall include the commission's | ||
determination from the feasibility study under Subsection (a) in | ||
the report required by Section 34.0156. The report may be included | ||
as part of another report the commission is required to submit to | ||
the legislature. | ||
(d) This section expires May 1, 2019. | ||
SECTION 5. Section 34.018, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 34.018. SUNSET PROVISION. The task force is subject to | ||
Chapter 325, Government Code (Texas Sunset Act). Unless continued | ||
in existence as provided by that chapter, the task force is | ||
abolished and this chapter expires December 31, 2023 [ |
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SECTION 6. Subchapter D, Chapter 1001, Health and Safety | ||
Code, is amended by adding Section 1001.0712 to read as follows: | ||
Sec. 1001.0712. CAUSE OF DEATH DATA IMPROVEMENT. (a) Not | ||
later than October 1 of each even-numbered year, the department | ||
shall submit to the governor, lieutenant governor, speaker of the | ||
house of representatives, and appropriate standing committees of | ||
the legislature a report on the processes and procedures for | ||
collecting cause of death information, including any challenges to | ||
collecting accurate information relating to maternal mortality. | ||
(b) In preparing the report, the department may examine: | ||
(1) issues relating to the quality of the death | ||
information being collected, including the accuracy and | ||
completeness of the information; | ||
(2) the role of medical certifiers in death | ||
information collection; | ||
(3) the perceptions of the individuals collecting the | ||
death information regarding the information's integrity; | ||
(4) the training required for the individuals | ||
collecting death information; and | ||
(5) the structural, procedural, and technological | ||
issues of collecting the information. | ||
(c) The department, in consultation with the Maternal | ||
Mortality and Morbidity Task Force, shall examine national | ||
standards regarding the collection of death information and may | ||
convene a panel of experts to advise the department and the task | ||
force in developing recommendations for improving the collection of | ||
accurate information related to cause of death. | ||
(d) The report may be included as part of another report the | ||
department is required to submit to the legislature. | ||
(e) This section expires September 1, 2021. | ||
SECTION 7. If before implementing any provision of this Act | ||
a state agency determines that an additional waiver or additional | ||
authorization from a federal agency is necessary for implementation | ||
of that provision, the agency affected by the provision shall | ||
request the waiver or authorization and may delay implementing that | ||
provision until the waiver or authorization is granted. | ||
SECTION 8. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect on the 91st day after the last day of the | ||
legislative session. |