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) 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.
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [in] severe maternal morbidity;
               (2)  determine the feasibility of the task force
  studying cases of severe maternal morbidity; [and]
               (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; [and]
               (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 [September 1,
  2019].
         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.
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