Bill Text: TX HB9 | 2017 | 85th Legislature 1st Special Session | Engrossed
Bill Title: Relating to maternal health and safety, pregnancy-related deaths, and maternal morbidity, including postpartum depression.
Spectrum: Moderate Partisan Bill (Republican 87-26)
Status: (Engrossed - Dead) 2017-08-01 - Referred to Health & Human Services [HB9 Detail]
Download: Texas-2017-HB9-Engrossed.html
By: Burkett, Davis of Harris, Morrison, | H.B. No. 9 | |
Klick, Walle, et al. |
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relating to maternal health and safety, pregnancy-related deaths, | ||
and maternal morbidity, including postpartum depression. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 34.004(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) Meetings of the task force are [ |
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SECTION 2. 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; [ |
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(B) trends, rates, or disparities in | ||
pregnancy-related deaths and [ |
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(C) health conditions and factors that | ||
disproportionately affect the most at-risk population as | ||
determined in the joint biennial report required under Section | ||
34.015; and | ||
(D) best practices and programs operating in | ||
other states that have reduced rates of pregnancy-related deaths; | ||
(2) compare rates of pregnancy-related deaths based on | ||
the socioeconomic status of the mother; | ||
(3) determine the feasibility of the task force | ||
studying cases of severe maternal morbidity; and | ||
(4) in consultation with the Perinatal Advisory | ||
Council, [ |
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pregnancy-related deaths and severe maternal morbidity in this | ||
state. | ||
SECTION 3. Chapter 34, Health and Safety Code, is amended by | ||
adding Section 34.0055 to read as follows: | ||
Sec. 34.0055. SCREENING AND EDUCATIONAL MATERIALS FOR | ||
SUBSTANCE USE AND DOMESTIC VIOLENCE. (a) Using existing | ||
resources, the commission, in consultation with the task force, | ||
shall: | ||
(1) make available to physicians and other persons | ||
licensed or certified to conduct a substance use and domestic | ||
violence screening of pregnant women information that includes: | ||
(A) guidance regarding best practices for | ||
verbally screening a pregnant woman for substance use and domestic | ||
violence using a validated screening tool; and | ||
(B) a list of substance use treatment resources | ||
and domestic violence prevention and intervention resources in each | ||
geographic region of this state; and | ||
(2) review and promote the use of educational | ||
materials on the consequences of opioid drug use and on domestic | ||
violence prevention and intervention during pregnancy. | ||
(b) The commission shall make available on the commission's | ||
Internet website the information and educational materials | ||
described by Subsection (a). | ||
SECTION 4. 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 5. Section 34.009(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) Information is not confidential under this section if | ||
the information is general information that cannot be connected | ||
with any specific individual, case, or health care provider, such | ||
as: | ||
(1) total expenditures made for specified purposes; | ||
(2) the number of families served by particular health | ||
care providers or agencies; | ||
(3) aggregated data on social and economic conditions; | ||
(4) medical data and information related to health | ||
care services that do not include any identifying information | ||
relating to a patient or the patient's family; [ |
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(5) an abstract concerning a maternal death that does | ||
not include identifying information relating to a patient, the | ||
patient's family, or a health care provider; | ||
(6) information, including the source, value, and | ||
purpose, related to gifts, grants, or donations to or for use by the | ||
task force; and | ||
(7) other statistical information. | ||
SECTION 6. Section 34.015, Health and Safety Code, is | ||
amended by amending Subsections (b) and (c) and adding Subsection | ||
(d) to read as follows: | ||
(b) The report must include the task force's | ||
recommendations under Section 34.005(4) [ |
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(c) The report must include for each death reviewed an | ||
abstract that does not include information that could be used to | ||
identify the patient, a member of the patient's family, or a | ||
provider. | ||
(d) The department shall disseminate the report to the state | ||
professional associations and organizations listed in Section | ||
34.006(b) and make the report publicly available in paper or | ||
electronic form. | ||
SECTION 7. Chapter 34, Health and Safety Code, is amended by | ||
adding Sections 34.0155, 34.0156, and 34.0157 to read as follows: | ||
Sec. 34.0155. REPORT ON PREGNANCY-RELATED DEATHS, SEVERE | ||
MATERNAL MORBIDITY, AND POSTPARTUM DEPRESSION. The commission | ||
shall: | ||
(1) evaluate options for reducing pregnancy-related | ||
deaths, focusing on the most prevalent causes of pregnancy-related | ||
deaths as identified in the joint biennial report required under | ||
Section 34.015, and for treating postpartum depression in | ||
economically disadvantaged women; | ||
(2) in coordination with the department and the task | ||
force, identify strategies to: | ||
(A) lower costs of providing medical assistance | ||
under Chapter 32, Human Resources Code, related to severe maternal | ||
morbidity and chronic illness; and | ||
(B) improve quality outcomes related to the | ||
underlying causes of severe maternal morbidity and chronic illness; | ||
and | ||
(3) not later than December 1 of each even-numbered | ||
year, submit to the governor, the lieutenant governor, the speaker | ||
of the house of representatives, the Legislative Budget Board, and | ||
the appropriate standing committees of the legislature a written | ||
report that includes: | ||
(A) a summary of the commission's and | ||
department's efforts to accomplish the tasks described by | ||
Subdivisions (1) and (2); and | ||
(B) a summary of the report required by Section | ||
34.0156. | ||
Sec. 34.0156. MATERNAL HEALTH AND SAFETY INITIATIVE. (a) | ||
Using existing resources, the department, in collaboration with the | ||
task force, shall promote and facilitate the use among health care | ||
providers in this state of maternal health and safety informational | ||
materials, including tools and procedures related to best practices | ||
in maternal health and safety. | ||
(b) Not later than December 1 of each even-numbered year, | ||
the department shall submit a report to the executive commissioner | ||
that includes: | ||
(1) a summary of the initiative's implementation and | ||
outcomes; and | ||
(2) recommendations for improving the effectiveness | ||
of the initiative. | ||
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 adding a provider's use of procedures included in | ||
the maternal health and safety initiative described by Section | ||
34.0156 as an indicator of quality for commission data and medical | ||
assistance quality-based payment purposes. | ||
(b) The department shall collaborate with the commission in | ||
compiling available data and information needed to complete the | ||
feasibility study. | ||
(c) The commission shall include the commission's | ||
determination from the feasibility study in the report required by | ||
Section 34.0155. | ||
(d) This section expires May 1, 2019. | ||
SECTION 8. 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 September 1, 2023 [ |
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SECTION 9. 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 December 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 10. Not later than June 1, 2018, the Health and | ||
Human Services Commission shall make available information and | ||
educational materials described by Section 34.0055, Health and | ||
Safety Code, as added by this Act. | ||
SECTION 11. 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 12. 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. |