| |
| |
| |
|
|
AN ACT
|
|
|
relating to level of care designations for hospitals that provide |
|
|
neonatal and maternal care. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 241.187(b), (d), and (j), Health and |
|
|
Safety Code, as added by Chapter 217 (H.B. 15), Acts of the 83rd |
|
|
Legislature, Regular Session, 2013, are amended to read as follows: |
|
|
(b) The advisory council consists of 19 [17] members |
|
|
appointed by the executive commissioner as follows: |
|
|
(1) four physicians licensed to practice medicine |
|
|
under Subtitle B, Title 3, Occupations Code, specializing in |
|
|
neonatology: |
|
|
(A) at least two of whom practice in a Level III |
|
|
or IV neonatal intensive care unit; and |
|
|
(B) at least one of whom practices in a neonatal |
|
|
intensive care unit of a hospital located in a rural area; |
|
|
(2) one physician licensed to practice medicine under |
|
|
Subtitle B, Title 3, Occupations Code, specializing in general |
|
|
pediatrics; |
|
|
(3) two physicians licensed to practice medicine under |
|
|
Subtitle B, Title 3, Occupations Code, specializing in |
|
|
obstetrics-gynecology; |
|
|
(4) two physicians licensed to practice medicine under |
|
|
Subtitle B, Title 3, Occupations Code, specializing in maternal |
|
|
fetal medicine; |
|
|
(5) two physicians [one physician] licensed to |
|
|
practice medicine under Subtitle B, Title 3, Occupations Code, |
|
|
specializing in family practice who provide [provides] obstetrical |
|
|
care in a rural community, at least one of whom must provide such |
|
|
care at a hospital that has 50 or fewer patient beds and that is: |
|
|
(A) located in a county with a population of |
|
|
60,000 or less; or |
|
|
(B) designated by the Centers for Medicare and |
|
|
Medicaid Services as a critical access hospital, rural referral |
|
|
center, or sole community hospital; |
|
|
(6) one registered nurse licensed under Subtitle E, |
|
|
Title 3, Occupations Code, with expertise in maternal health care |
|
|
delivery; |
|
|
(7) one registered nurse licensed under Subtitle E, |
|
|
Title 3, Occupations Code, with expertise in perinatal health care |
|
|
delivery; |
|
|
(8) one representative from a children's hospital; |
|
|
(9) one representative from a hospital with a Level II |
|
|
neonatal intensive care unit; |
|
|
(10) two representatives [one representative] from a |
|
|
rural hospital, at least one of whom must be an administrative |
|
|
representative from a hospital that has 50 or fewer patient beds and |
|
|
that is: |
|
|
(A) located in a county with a population of |
|
|
60,000 or less; or |
|
|
(B) designated by the Centers for Medicare and |
|
|
Medicaid Services as a critical access hospital, rural referral |
|
|
center, or sole community hospital; |
|
|
(11) one representative from a general hospital; and |
|
|
(12) one ex officio representative from the office of |
|
|
the medical director of the Health and Human Services Commission. |
|
|
(d) Members of the advisory council described by |
|
|
Subsections (b)(1)-(11) serve staggered three-year terms, with the |
|
|
terms of [five or] six of those members expiring September 1 of each |
|
|
year. A member may be reappointed to the advisory council. |
|
|
(j) The advisory council shall submit a report detailing the |
|
|
advisory council's determinations and recommendations to the |
|
|
department and the executive commissioner not later than September |
|
|
1, 2016 [2015]. |
|
|
SECTION 2. Notwithstanding Section 241.187, Health and |
|
|
Safety Code, as added by Chapter 217 (H.B. 15), Acts of the 83rd |
|
|
Legislature, Regular Session, 2013, and as amended by this Act, of |
|
|
the two additional persons appointed to the Perinatal Advisory |
|
|
Council by this Act, the executive commissioner of the Health and |
|
|
Human Services Commission shall appoint the additional member |
|
|
described by Section 241.187(b)(5), Health and Safety Code, to an |
|
|
initial term that expires September 1, 2019, and the additional |
|
|
member described by Section 241.187(b)(10), Health and Safety Code, |
|
|
to an initial term that expires September 1, 2017. The executive |
|
|
commissioner shall make the appointments not later than October 1, |
|
|
2015. |
|
|
SECTION 3. Notwithstanding Section 2, Chapter 217 (H.B. |
|
|
15), Acts of the 83rd Legislature, Regular Session, 2013: |
|
|
(1) the executive commissioner of the Health and Human |
|
|
Services Commission shall adopt the initial rules required by |
|
|
Section 241.183, Health and Safety Code, as added by Chapter 217 |
|
|
(H.B. 15), Acts of the 83rd Legislature, Regular Session, 2013, not |
|
|
later than March 1, 2018, after consideration of the report of the |
|
|
Perinatal Advisory Council; |
|
|
(2) the executive commissioner of the Health and Human |
|
|
Services Commission shall complete for each hospital in this state: |
|
|
(A) the neonatal level of care designation not |
|
|
later than August 31, 2018; and |
|
|
(B) the maternal level of care designation not |
|
|
later than August 31, 2020; and |
|
|
(3) a hospital is not required to have: |
|
|
(A) a neonatal level of care designation as a |
|
|
condition of reimbursement for neonatal services through the |
|
|
Medicaid program before September 1, 2018; and |
|
|
(B) a maternal level of care designation as a |
|
|
condition of reimbursement for maternal services through the |
|
|
Medicaid program before September 1, 2020. |
|
|
SECTION 4. If before implementing any provision of this Act |
|
|
a state agency determines that a waiver or 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 5. 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 September 1, 2015. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 3433 was passed by the House on May 8, |
|
|
2015, by the following vote: Yeas 141, Nays 1, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 3433 was passed by the Senate on May |
|
|
23, 2015, by the following vote: Yeas 31, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |