Bill Text: TX SB17 | 2017 | 85th Legislature 1st Special Session | Enrolled


Bill Title: Relating to maternal health and safety, pregnancy-related deaths, and maternal morbidity, including postpartum depression.

Spectrum: Slight Partisan Bill (Republican 96-35)

Status: (Passed) 2017-08-16 - Effective immediately [SB17 Detail]

Download: Texas-2017-SB17-Enrolled.html
 
 
  S.B. No. 17
 
 
 
 
AN ACT
  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 34.002(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The task force is a multidisciplinary advisory
  committee within the department and is composed of the following 17
  [15] members:
               (1)  15 [13] members appointed by the commissioner as
  follows:
                     (A)  four physicians specializing in obstetrics,
  at least one of whom is a maternal fetal medicine specialist;
                     (B)  one certified nurse-midwife;
                     (C)  one registered nurse;
                     (D)  one nurse specializing in labor and delivery;
                     (E)  one physician specializing in family
  practice;
                     (F) [(E)]  one physician specializing in
  psychiatry;
                     (G) [(F)]  one physician specializing in
  pathology;
                     (H) [(G)]  one epidemiologist, biostatistician,
  or researcher of pregnancy-related deaths;
                     (I) [(H)]  one social worker or social service
  provider;
                     (J) [(I)]  one community advocate in a relevant
  field; [and]
                     (K) [(J)]  one medical examiner or coroner
  responsible for recording deaths; and
                     (L)  one physician specializing in critical care;
               (2)  a representative of the department's family and
  community health programs; and
               (3)  the state epidemiologist for the department or the
  epidemiologist's designee.
         SECTION 2.  Section 34.004, Health and Safety Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  Meetings of the task force are [closed to the public and
  are not] subject to Chapter 551, Government Code, except that the
  task force shall conduct a closed meeting to review cases under
  Section 34.007.
         (c)  The task force shall:
               (1)  allow for public comment during at least one
  public meeting each year;
               (2)  present in open session recommendations made under
  Section 34.005 to help reduce the incidence of pregnancy-related
  deaths and severe maternal morbidity in this state; and
               (3)  post public notice for meetings conducted for the
  sole purpose of reviewing cases for selection under Section 34.007.
         SECTION 3.  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;
                     (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, [(3)] make recommendations to help reduce the incidence of
  pregnancy-related deaths and severe maternal morbidity in this
  state.
         SECTION 4.  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 screening 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 verbally
  screening a pregnant woman for 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 the information and
  educational materials described by Subsection (a) available on the
  commission's Internet website.
         SECTION 5.  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 6.  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; [and]
               (5)  information, including the source, value, and
  purpose, related to gifts, grants, or donations to or for use by the
  task force; and
               (6)  other statistical information.
         SECTION 7.  Section 34.015(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The report must include the task force's
  recommendations under Section 34.005(4) [34.005(3)].
         SECTION 8.  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 9.  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 [2019].
         SECTION 10.  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 11.  Not later than June 1, 2018, the Health and
  Human Services Commission shall make available the information and
  educational materials described by Section 34.0055, Health and
  Safety Code, as added by this Act.
         SECTION 12.  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 13.  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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 17 passed the Senate on
  July 25, 2017, by the following vote: Yeas 31, Nays 0; and that the
  Senate concurred in House amendments on August 15, 2017, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 17 passed the House, with
  amendments, on August 14, 2017, by the following vote: Yeas 146,
  Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
feedback