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          AN ACT
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        relating to maternal and newborn health care and the quality of  | 
      
      
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        services provided to women in this state under certain health care  | 
      
      
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        programs. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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               SECTION 1.  Subchapter B, Chapter 531, Government Code, is  | 
      
      
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        amended by adding Section 531.0738 to read as follows: | 
      
      
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               Sec. 531.0738.  APPLICATION FOR FUNDING TO IMPLEMENT MODEL  | 
      
      
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        OF CARE FOR CERTAIN MEDICAID RECIPIENTS.  (a)  The commission shall  | 
      
      
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        apply to the Centers for Medicare and Medicaid Services to receive  | 
      
      
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        any federal money available to implement a model of care that  | 
      
      
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        improves the quality and accessibility of care for: | 
      
      
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                     (1)  pregnant women with opioid use disorder enrolled  | 
      
      
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        in Medicaid during the prenatal and postpartum periods; and | 
      
      
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                     (2)  their children after birth. | 
      
      
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               (b)  This section expires September 1, 2021. | 
      
      
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               SECTION 2.  Chapter 31, Health and Safety Code, is amended by  | 
      
      
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        adding Section 31.018 to read as follows: | 
      
      
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               Sec. 31.018.  REFERRAL FROM HEALTHY TEXAS WOMEN PROGRAM TO  | 
      
      
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        PRIMARY HEALTH CARE SERVICES PROGRAM.  (a)  In this section,  | 
      
      
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        "Healthy Texas Women program" means a program operated by the  | 
      
      
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        commission that is substantially similar to the demonstration  | 
      
      
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        project operated under former Section 32.0248, Human Resources  | 
      
      
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        Code, and that is intended to expand access to preventive health and  | 
      
      
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        family planning services for women in this state. | 
      
      
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               (b)  The executive commissioner by rule shall ensure that  | 
      
      
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        women receiving services under the Healthy Texas Women program are  | 
      
      
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        referred to and provided with information on the primary health  | 
      
      
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        care services program. | 
      
      
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               SECTION 3.  Chapter 32, Health and Safety Code, is amended by  | 
      
      
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        adding Subchapters E and F to read as follows: | 
      
      
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        SUBCHAPTER E.  ENHANCED PRENATAL AND POSTPARTUM CARE SERVICES | 
      
      
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               Sec. 32.101.  ENHANCED PRENATAL SERVICES FOR CERTAIN WOMEN.   | 
      
      
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        The commission, in collaboration with managed care organizations  | 
      
      
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        that contract with the commission to provide health care services  | 
      
      
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        to medical assistance recipients under Chapter 533, Government  | 
      
      
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        Code, shall develop and implement cost-effective, evidence-based,  | 
      
      
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        and enhanced prenatal services for high-risk pregnant women covered  | 
      
      
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        under the medical assistance program. | 
      
      
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               Sec. 32.102.  EVALUATION AND ENHANCEMENT OF POSTPARTUM CARE  | 
      
      
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        SERVICES FOR CERTAIN WOMEN.  (a)  In this section, "Healthy Texas  | 
      
      
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        Women program" means a program operated by the commission that is  | 
      
      
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        substantially similar to the demonstration project operated under  | 
      
      
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        former Section 32.0248, Human Resources Code, and that is intended  | 
      
      
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        to expand access to preventive health and family planning services  | 
      
      
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        for women in this state. | 
      
      
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               (b)  The commission shall evaluate postpartum care services  | 
      
      
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        provided to women enrolled in the Healthy Texas Women program after  | 
      
      
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        the first 60 days of the postpartum period. | 
      
      
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               (c)  Based on the commission's evaluation under Subsection  | 
      
      
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        (b), the commission shall develop an enhanced, cost-effective, and  | 
      
      
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        limited postpartum care services package for women enrolled in the  | 
      
      
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        Healthy Texas Women program to be provided: | 
      
      
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                     (1)  after the first 60 days of the postpartum period;  | 
      
      
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        and | 
      
      
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                     (2)  for a period of not more than 12 months after the  | 
      
      
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        date of enrollment in the Healthy Texas Women program. | 
      
      
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        SUBCHAPTER F.  DELIVERY AND IMPROVEMENT OF MATERNAL HEALTH CARE  | 
      
      
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        SERVICES INVOLVING MANAGED CARE ORGANIZATIONS | 
      
      
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               Sec. 32.151.  DEFINITIONS.  In this subchapter: | 
      
      
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                     (1)  "High-risk population" means the population of  | 
      
      
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        women most disproportionately affected by maternal morbidity and  | 
      
      
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        maternal mortality, as determined in the joint biennial report  | 
      
      
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        required under Section 34.015 including minority women.  | 
      
      
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                     (2)  "Healthy Texas Women program" means a program  | 
      
      
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        operated by the commission that is substantially similar to the  | 
      
      
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        demonstration project operated under former Section 32.0248, Human  | 
      
      
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        Resources Code, and that is intended to expand access to preventive  | 
      
      
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        health and family planning services for women in this state. | 
      
      
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                     (3)  "Medicaid managed care organization" means a  | 
      
      
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        managed care organization as defined by Section 533.001, Government  | 
      
      
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        Code, that contracts with the commission under Chapter 533,  | 
      
      
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        Government Code, to provide health care services to medical  | 
      
      
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        assistance program recipients. | 
      
      
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               Sec. 32.152.  ASSESSING PROVISION OF HEALTHY TEXAS WOMEN  | 
      
      
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        PROGRAM SERVICES THROUGH MANAGED CARE.  (a)  The commission shall  | 
      
      
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        assess: | 
      
      
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                     (1)  the feasibility and cost-effectiveness of  | 
      
      
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        contracting with Medicaid managed care organizations to provide  | 
      
      
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        Healthy Texas Women program services through managed care in one or  | 
      
      
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        more health care service regions in this state if the Healthy Texas  | 
      
      
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        Women Section 1115 Demonstration Waiver is approved; and | 
      
      
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                     (2)  the potential impact of that delivery model on  | 
      
      
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        women receiving services under the program. | 
      
      
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               (b)  This section expires September 1, 2021. | 
      
      
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               Sec. 32.153.  CONTINUITY OF CARE FOR CERTAIN WOMEN ENROLLING  | 
      
      
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        IN HEALTHY TEXAS WOMEN PROGRAM.  The commission shall develop and  | 
      
      
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        implement strategies to ensure the continuity of care for women who  | 
      
      
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        transition from the medical assistance program and enroll in the  | 
      
      
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        Healthy Texas Women program.  In developing and implementing  | 
      
      
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        strategies under this section, the commission may collaborate with  | 
      
      
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        health care providers participating in the Healthy Texas Women  | 
      
      
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        program and Medicaid managed care organizations that provide health  | 
      
      
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        care services to pregnant women. | 
      
      
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               Sec. 32.154.  POSTPARTUM DEPRESSION TREATMENT NETWORK.   | 
      
      
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        Using money from an available source designated by the commission,  | 
      
      
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        the commission, in collaboration with Medicaid managed care  | 
      
      
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        organizations and health care providers participating in the  | 
      
      
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        Healthy Texas Women program, shall develop and implement a  | 
      
      
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        postpartum depression treatment network for women enrolled in the  | 
      
      
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        medical assistance or Healthy Texas Women program. | 
      
      
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               Sec. 32.155.  STATEWIDE INITIATIVES TO IMPROVE QUALITY OF  | 
      
      
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        MATERNAL HEALTH CARE.  (a)  In this section, "social determinants  | 
      
      
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        of health" means the environmental conditions in which an  | 
      
      
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        individual lives that affect the individual's health and quality of  | 
      
      
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        life. | 
      
      
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               (b)  The commission shall develop or enhance statewide  | 
      
      
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        initiatives to improve the quality of maternal health care services  | 
      
      
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        and outcomes for women in this state.  The commission shall specify  | 
      
      
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        the initiatives that each managed care organization that contracts  | 
      
      
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        with the commission to provide health care services in this state  | 
      
      
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        must incorporate in the organization's managed care plans.  The  | 
      
      
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        initiatives may address: | 
      
      
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                     (1)  prenatal and postpartum care rates; | 
      
      
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                     (2)  maternal health disparities that exist for  | 
      
      
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        minority women and other high-risk populations of women in this  | 
      
      
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        state; | 
      
      
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                     (3)  social determinants of health; or | 
      
      
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                     (4)  other priorities specified by the commission. | 
      
      
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               (c)  A managed care organization required to incorporate the  | 
      
      
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        initiatives in the organization's managed care plans under  | 
      
      
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        Subsection (b) may incorporate any additional initiatives to  | 
      
      
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        improve the quality of maternal health care services for women  | 
      
      
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        receiving health care services through the organization. | 
      
      
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               (d)  The commission shall prepare and submit to the  | 
      
      
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        legislature and make available to the public an annual report that  | 
      
      
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        summarizes: | 
      
      
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                     (1)  the commission's progress in developing or  | 
      
      
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        enhancing initiatives under this section; and | 
      
      
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                     (2)  each managed care organization's progress in  | 
      
      
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        incorporating the required initiatives in the organization's  | 
      
      
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        managed care plans. | 
      
      
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               (e)  The commission may submit the report required under  | 
      
      
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        Subsection (d) with the report required under Section 536.008,  | 
      
      
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        Government Code. | 
      
      
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               SECTION 4.  The heading to Chapter 34, Health and Safety  | 
      
      
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        Code, is amended to read as follows: | 
      
      
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        CHAPTER 34.  TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW  | 
      
      
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        COMMITTEE [TASK FORCE] | 
      
      
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               SECTION 5.  Section 34.001, Health and Safety Code, is  | 
      
      
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        amended by adding Subdivision (12-a) to read as follows: | 
      
      
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                     (12-a)  "Review committee" means the Texas Maternal  | 
      
      
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        Mortality and Morbidity Review Committee. | 
      
      
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               SECTION 6.  Sections 34.002, 34.003, 34.004, and 34.005,  | 
      
      
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        Health and Safety Code, are amended to read as follows: | 
      
      
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               Sec. 34.002.  TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW  | 
      
      
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        COMMITTEE [TASK FORCE].  (a)  The Texas Maternal Mortality and  | 
      
      
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        Morbidity Review Committee [Task Force] is administered by the  | 
      
      
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        department. | 
      
      
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               (b)  The review committee [task force] is a  | 
      
      
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        multidisciplinary advisory committee within the department and is  | 
      
      
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        composed of the following 17 members: | 
      
      
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                     (1)  15 members appointed by the commissioner as  | 
      
      
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        follows: | 
      
      
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                           (A)  four physicians specializing in obstetrics,  | 
      
      
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        at least one of whom is a maternal fetal medicine specialist; | 
      
      
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                           (B)  one certified nurse-midwife; | 
      
      
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                           (C)  one registered nurse; | 
      
      
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                           (D)  one nurse specializing in labor and delivery; | 
      
      
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                           (E)  one physician specializing in family  | 
      
      
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        practice; | 
      
      
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                           (F)  one physician specializing in psychiatry; | 
      
      
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                           (G)  one physician specializing in pathology; | 
      
      
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                           (H)  one epidemiologist, biostatistician, or  | 
      
      
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        researcher of pregnancy-related deaths; | 
      
      
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                           (I)  one social worker or social service provider; | 
      
      
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                           (J)  one community advocate in a relevant field; | 
      
      
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                           (K)  one medical examiner or coroner responsible  | 
      
      
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        for recording deaths; and | 
      
      
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                           (L)  one physician specializing in critical care; | 
      
      
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                     (2)  a representative of the department's family and  | 
      
      
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        community health programs; and | 
      
      
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                     (3)  the state epidemiologist for the department or the  | 
      
      
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        epidemiologist's designee. | 
      
      
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               (c)  In appointing members to the review committee [task 
         | 
      
      
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          force], the commissioner shall: | 
      
      
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                     (1)  include members: | 
      
      
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                           (A)  working in and representing communities that  | 
      
      
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        are diverse with regard to race, ethnicity, immigration status, and  | 
      
      
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        English proficiency; and | 
      
      
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                           (B)  from differing geographic regions in the  | 
      
      
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        state, including both rural and urban areas; | 
      
      
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                     (2)  endeavor to include members who are working in and  | 
      
      
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        representing communities that are affected by pregnancy-related  | 
      
      
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        deaths and severe maternal morbidity and by a lack of access to  | 
      
      
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        relevant perinatal and intrapartum care services; and | 
      
      
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                     (3)  ensure that the composition of the review  | 
      
      
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        committee [task force] reflects the racial, ethnic, and linguistic  | 
      
      
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        diversity of this state. | 
      
      
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               (d)  The commissioner shall appoint from among the review  | 
      
      
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        committee [task force] members a presiding officer. | 
      
      
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               (e)  A member of the review committee [task force] appointed  | 
      
      
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        under Subsection (b)(1) is not entitled to compensation for service  | 
      
      
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        on the review committee [task force] or reimbursement for travel or  | 
      
      
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        other expenses incurred by the member while conducting the business  | 
      
      
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        of the review committee [task force]. | 
      
      
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               (f)  In carrying out its duties, the review committee [task 
         | 
      
      
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          force] may use technology, including teleconferencing or  | 
      
      
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        videoconferencing, to eliminate travel expenses. | 
      
      
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               Sec. 34.003.  TERMS; VACANCY.  (a)  Review committee [Task 
         | 
      
      
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          force] members appointed by the commissioner serve staggered  | 
      
      
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        six-year terms, with the terms of four or five members, as  | 
      
      
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        appropriate, expiring February 1 of each odd-numbered year. | 
      
      
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               (b)  A review committee [task force] member may serve more  | 
      
      
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        than one term. | 
      
      
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               (c)  A vacancy on the review committee [task force] shall be  | 
      
      
        | 
           
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        filled for the unexpired term in the same manner as the original  | 
      
      
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        appointment. | 
      
      
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               Sec. 34.004.  MEETINGS.  (a)  The review committee [task 
         | 
      
      
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          force] shall meet at least quarterly.  The review committee [task 
         | 
      
      
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          force] may meet at other times at the call of the commissioner. | 
      
      
        | 
           
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               (b)  Meetings of the review committee [task force] are  | 
      
      
        | 
           
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        subject to Chapter 551, Government Code, except that the review  | 
      
      
        | 
           
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        committee [task force] shall conduct a closed meeting to review  | 
      
      
        | 
           
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        cases under Section 34.007. | 
      
      
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			 | 
               (c)  The review committee [task force] shall: | 
      
      
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                     (1)  allow for public comment during at least one  | 
      
      
        | 
           
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        public meeting each year; | 
      
      
        | 
           
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                     (2)  present in open session recommendations made under  | 
      
      
        | 
           
			 | 
        Section 34.005 to help reduce the incidence of pregnancy-related  | 
      
      
        | 
           
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        deaths and severe maternal morbidity in this state; and | 
      
      
        | 
           
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                     (3)  post public notice for meetings conducted for the  | 
      
      
        | 
           
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        sole purpose of reviewing cases for selection under Section 34.007. | 
      
      
        | 
           
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               Sec. 34.005.  DUTIES OF REVIEW COMMITTEE [TASK FORCE].  The  | 
      
      
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        review committee [task force] shall: | 
      
      
        | 
           
			 | 
                     (1)  study and review: | 
      
      
        | 
           
			 | 
                           (A)  cases of pregnancy-related deaths; | 
      
      
        | 
           
			 | 
                           (B)  trends, rates, or disparities in  | 
      
      
        | 
           
			 | 
        pregnancy-related deaths and 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  | 
      
      
        | 
           
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        other states that have reduced rates of pregnancy-related deaths; | 
      
      
        | 
           
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                     (2)  compare rates of pregnancy-related deaths based on  | 
      
      
        | 
           
			 | 
        the socioeconomic status of the mother; | 
      
      
        | 
           
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                     (3)  determine the feasibility of the review committee  | 
      
      
        | 
           
			 | 
        [task force] studying cases of severe maternal morbidity; and | 
      
      
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                     (4)  in consultation with the Perinatal Advisory  | 
      
      
        | 
           
			 | 
        Council, make recommendations to help reduce the incidence of  | 
      
      
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        pregnancy-related deaths and severe maternal morbidity in this  | 
      
      
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        state. | 
      
      
        | 
           
			 | 
               SECTION 7.  Section 34.0055(a), Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Using existing resources, the commission, in  | 
      
      
        | 
           
			 | 
        consultation with the review committee [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. | 
      
      
        | 
           
			 | 
               SECTION 8.  Section 34.006, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 34.006.  CONSULTATIONS AND AGREEMENTS WITH OUTSIDE  | 
      
      
        | 
           
			 | 
        PARTIES.  (a)  The department and review committee [task force] may  | 
      
      
        | 
           
			 | 
        consult with any relevant experts and stakeholders, including: | 
      
      
        | 
           
			 | 
                     (1)  anesthesiologists; | 
      
      
        | 
           
			 | 
                     (2)  intensivists or critical care physicians; | 
      
      
        | 
           
			 | 
                     (3)  nutritionists; | 
      
      
        | 
           
			 | 
                     (4)  substance abuse treatment specialists; | 
      
      
        | 
           
			 | 
                     (5)  hospital staff or employees; | 
      
      
        | 
           
			 | 
                     (6)  representatives of the state Medicaid program; | 
      
      
        | 
           
			 | 
                     (7)  paramedics or other emergency medical response  | 
      
      
        | 
           
			 | 
        personnel; | 
      
      
        | 
           
			 | 
                     (8)  hospital-based risk management specialists; | 
      
      
        | 
           
			 | 
                     (9)  representatives of local health departments and  | 
      
      
        | 
           
			 | 
        public health districts in this state; | 
      
      
        | 
           
			 | 
                     (10)  public health experts; | 
      
      
        | 
           
			 | 
                     (11)  government representatives or officials; and | 
      
      
        | 
           
			 | 
                     (12)  law enforcement officials. | 
      
      
        | 
           
			 | 
               (b)  In gathering information, the department and review  | 
      
      
        | 
           
			 | 
        committee [task force] may consult with representatives of 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. | 
      
      
        | 
           
			 | 
               (c)  In consulting with individuals or organizations under  | 
      
      
        | 
           
			 | 
        Subsection (a) or (b), a member of the review committee [task force]  | 
      
      
        | 
           
			 | 
        or employee of the department may not disclose any identifying  | 
      
      
        | 
           
			 | 
        information of a patient or health care provider. | 
      
      
        | 
           
			 | 
               (d)  The department on behalf of the review committee [task 
         | 
      
      
        | 
           
			 | 
        
          force] may enter into agreements with institutions of higher  | 
      
      
        | 
           
			 | 
        education or other organizations consistent with the duties of the  | 
      
      
        | 
           
			 | 
        department or review committee [task force] under this chapter. | 
      
      
        | 
           
			 | 
               SECTION 9.  Sections 34.007(a) and (c), 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 review committee [task force] to review under this  | 
      
      
        | 
           
			 | 
        subsection to reflect a cross-section of pregnancy-related deaths  | 
      
      
        | 
           
			 | 
        in this state. | 
      
      
        | 
           
			 | 
               (c)  If feasible, the department may select cases of severe  | 
      
      
        | 
           
			 | 
        maternal morbidity for review.  In selecting cases under this  | 
      
      
        | 
           
			 | 
        subsection, the department shall randomly select cases for the  | 
      
      
        | 
           
			 | 
        review committee [task force] to review to reflect trends  | 
      
      
        | 
           
			 | 
        identified under Subsection (b). | 
      
      
        | 
           
			 | 
               SECTION 10.  Section 34.008, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended by amending Subsections (a) and (b) and adding Subsection  | 
      
      
        | 
           
			 | 
        (c-1) to read as follows: | 
      
      
        | 
           
			 | 
               (a)  On selecting a case of pregnancy-related death or severe  | 
      
      
        | 
           
			 | 
        maternal morbidity for review, the department shall, in accordance  | 
      
      
        | 
           
			 | 
        with this section, obtain information relevant to the case to  | 
      
      
        | 
           
			 | 
        enable the review committee [task force] to review the case.  The  | 
      
      
        | 
           
			 | 
        department shall provide the information to the review committee  | 
      
      
        | 
           
			 | 
        [task force]. | 
      
      
        | 
           
			 | 
               (b)  The information provided to the review committee [task 
         | 
      
      
        | 
           
			 | 
        
          force] may not include identifying information of a patient or  | 
      
      
        | 
           
			 | 
        health care provider, including: | 
      
      
        | 
           
			 | 
                     (1)  the name, address, or date of birth of the patient  | 
      
      
        | 
           
			 | 
        or a member of the patient's family; or | 
      
      
        | 
           
			 | 
                     (2)  the name or specific location of a health care  | 
      
      
        | 
           
			 | 
        provider that treated the patient. | 
      
      
        | 
           
			 | 
               (c-1)  Not later than the 30th business day after receiving a  | 
      
      
        | 
           
			 | 
        request from the department for records regarding a  | 
      
      
        | 
           
			 | 
        pregnancy-related death for a specific patient, a hospital,  | 
      
      
        | 
           
			 | 
        birthing center, or other custodian of the records shall submit the  | 
      
      
        | 
           
			 | 
        records to the department.  A request made under this subsection to  | 
      
      
        | 
           
			 | 
        a hospital or birthing center must be limited to a patient's medical  | 
      
      
        | 
           
			 | 
        records. | 
      
      
        | 
           
			 | 
               SECTION 11.  Section 34.009, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended by amending Subsections (b), (c), (d), (e), and (h) and  | 
      
      
        | 
           
			 | 
        adding Subsection (b-1) to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Subsection (b-1), confidential  | 
      
      
        | 
           
			 | 
        [Confidential] information that is acquired by the department and  | 
      
      
        | 
           
			 | 
        that includes identifying information of an individual or health  | 
      
      
        | 
           
			 | 
        care provider is privileged and may not be disclosed to any person.   | 
      
      
        | 
           
			 | 
        Information that may not be disclosed under this subsection  | 
      
      
        | 
           
			 | 
        includes: | 
      
      
        | 
           
			 | 
                     (1)  the name and address of a patient or a member of  | 
      
      
        | 
           
			 | 
        the patient's family; | 
      
      
        | 
           
			 | 
                     (2)  any service received by the patient or a member of  | 
      
      
        | 
           
			 | 
        the patient's family; | 
      
      
        | 
           
			 | 
                     (3)  the social and economic condition of the patient  | 
      
      
        | 
           
			 | 
        or a member of the patient's family; | 
      
      
        | 
           
			 | 
                     (4)  medical, dental, and mental health care  | 
      
      
        | 
           
			 | 
        information related to the patient or a member of the patient's  | 
      
      
        | 
           
			 | 
        family, including diagnoses, conditions, diseases, or disability;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (5)  the identity of a health care provider that  | 
      
      
        | 
           
			 | 
        provided any services to the patient or a member of the patient's  | 
      
      
        | 
           
			 | 
        family. | 
      
      
        | 
           
			 | 
               (b-1)  Confidential information that is acquired by the  | 
      
      
        | 
           
			 | 
        department under this section that includes identifying  | 
      
      
        | 
           
			 | 
        information of an individual or health care provider may be  | 
      
      
        | 
           
			 | 
        securely disclosed to an appropriate federal agency for the limited  | 
      
      
        | 
           
			 | 
        purpose of complying with applicable requirements under the federal  | 
      
      
        | 
           
			 | 
        Preventing Maternal Deaths Act of 2018 (Pub. L. No. 115-344). | 
      
      
        | 
           
			 | 
               (c)  Review committee [Task force] work product or  | 
      
      
        | 
           
			 | 
        information obtained by the department under this chapter,  | 
      
      
        | 
           
			 | 
        including information contained in an electronic database  | 
      
      
        | 
           
			 | 
        established and maintained under Section 34.012, or any other  | 
      
      
        | 
           
			 | 
        document or record, is confidential.  This subsection does not  | 
      
      
        | 
           
			 | 
        prevent the review committee [task force] or department from  | 
      
      
        | 
           
			 | 
        releasing information described by Subsection (d) or (e) or from  | 
      
      
        | 
           
			 | 
        submitting the report required by Section 34.015. | 
      
      
        | 
           
			 | 
               (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; | 
      
      
        | 
           
			 | 
                     (5)  information, including the source, value, and  | 
      
      
        | 
           
			 | 
        purpose, related to gifts, grants, or donations to or for use by the  | 
      
      
        | 
           
			 | 
        review committee [task force]; and | 
      
      
        | 
           
			 | 
                     (6)  other statistical information. | 
      
      
        | 
           
			 | 
               (e)  The review committee [task force] may publish  | 
      
      
        | 
           
			 | 
        statistical studies and research reports based on information that  | 
      
      
        | 
           
			 | 
        is confidential under this section, provided that the information: | 
      
      
        | 
           
			 | 
                     (1)  is published in the aggregate; | 
      
      
        | 
           
			 | 
                     (2)  does not identify a patient or the patient's  | 
      
      
        | 
           
			 | 
        family; | 
      
      
        | 
           
			 | 
                     (3)  does not include any information that could be  | 
      
      
        | 
           
			 | 
        used to identify a patient or the patient's family; and | 
      
      
        | 
           
			 | 
                     (4)  does not identify a health care provider. | 
      
      
        | 
           
			 | 
               (h)  The review committee [task force] and the department  | 
      
      
        | 
           
			 | 
        shall comply with all state and federal laws and rules relating to  | 
      
      
        | 
           
			 | 
        the transmission of health information, including the Health  | 
      
      
        | 
           
			 | 
        Insurance Portability and Accountability Act of 1996 (Pub. L.  | 
      
      
        | 
           
			 | 
        No. 104-191) and rules adopted under that Act. | 
      
      
        | 
           
			 | 
               SECTION 12.  Section 34.010, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 34.010.  SUBPOENA AND DISCOVERY.  Review committee  | 
      
      
        | 
           
			 | 
        [Task force] work product or information that is confidential under  | 
      
      
        | 
           
			 | 
        Section 34.009 is privileged, is not subject to subpoena or  | 
      
      
        | 
           
			 | 
        discovery, and may not be introduced into evidence in any  | 
      
      
        | 
           
			 | 
        administrative, civil, or criminal proceeding against a patient, a  | 
      
      
        | 
           
			 | 
        member of the family of a patient, or a health care provider. | 
      
      
        | 
           
			 | 
               SECTION 13.  Section 34.011(a), Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A member of the review committee [task force] or a  | 
      
      
        | 
           
			 | 
        person employed by or acting in an advisory capacity to the review  | 
      
      
        | 
           
			 | 
        committee [task force] and who provides information, counsel, or  | 
      
      
        | 
           
			 | 
        services to the review committee [task force] is not liable for  | 
      
      
        | 
           
			 | 
        damages for an action taken within the scope of the functions of the  | 
      
      
        | 
           
			 | 
        review committee [task force]. | 
      
      
        | 
           
			 | 
               SECTION 14.  Sections 34.012(a) and (c), Health and Safety  | 
      
      
        | 
           
			 | 
        Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The department may establish and maintain an electronic  | 
      
      
        | 
           
			 | 
        database to track cases of pregnancy-related deaths and severe  | 
      
      
        | 
           
			 | 
        maternal morbidity to assist the department and review committee  | 
      
      
        | 
           
			 | 
        [task force] in performing functions under this chapter. | 
      
      
        | 
           
			 | 
               (c)  The database may be accessed only by the department and  | 
      
      
        | 
           
			 | 
        the review committee [task force] for the purposes described in  | 
      
      
        | 
           
			 | 
        this chapter. | 
      
      
        | 
           
			 | 
               SECTION 15.  Section 34.014, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 34.014.  FUNDING.  The department may accept gifts and  | 
      
      
        | 
           
			 | 
        grants from any source to fund the duties of the department and the  | 
      
      
        | 
           
			 | 
        review committee [task force] under this chapter. | 
      
      
        | 
           
			 | 
               SECTION 16.  Sections 34.015(a) and (b), Health and Safety  | 
      
      
        | 
           
			 | 
        Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Not later than September 1 of each even-numbered year,  | 
      
      
        | 
           
			 | 
        the review committee [task force] and the department shall submit a  | 
      
      
        | 
           
			 | 
        joint report on the findings of the review committee [task force]  | 
      
      
        | 
           
			 | 
        under this chapter to the governor, lieutenant governor, speaker of  | 
      
      
        | 
           
			 | 
        the house of representatives, and appropriate committees of the  | 
      
      
        | 
           
			 | 
        legislature. | 
      
      
        | 
           
			 | 
               (b)  The report must include the review committee's [task 
         | 
      
      
        | 
           
			 | 
        
          force's] recommendations under Section 34.005(4). | 
      
      
        | 
           
			 | 
               SECTION 17.  Section 34.0155, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended 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 review  | 
      
      
        | 
           
			 | 
        committee [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. | 
      
      
        | 
           
			 | 
               SECTION 18.  Section 34.0156(a), Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Using existing resources, the department, in  | 
      
      
        | 
           
			 | 
        collaboration with the review committee [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. | 
      
      
        | 
           
			 | 
               SECTION 19.  Section 34.017(b), Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The department may not disclose the information  | 
      
      
        | 
           
			 | 
        described by Subsection (a) to the review committee [task force] or  | 
      
      
        | 
           
			 | 
        any other person. | 
      
      
        | 
           
			 | 
               SECTION 20.  Section 34.018, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 34.018.  SUNSET PROVISION.  (a)  The review committee  | 
      
      
        | 
           
			 | 
        [task force] is subject to Chapter 325, Government Code (Texas  | 
      
      
        | 
           
			 | 
        Sunset Act).  Unless continued in existence as provided by that  | 
      
      
        | 
           
			 | 
        chapter, the review committee [task force] is abolished and this  | 
      
      
        | 
           
			 | 
        chapter expires September 1, 2027 [2023]. | 
      
      
        | 
           
			 | 
               (b)  The Sunset Advisory Commission shall review the review  | 
      
      
        | 
           
			 | 
        committee during the two-year period preceding the date the  | 
      
      
        | 
           
			 | 
        department is scheduled for abolition under Section 1001.003, but  | 
      
      
        | 
           
			 | 
        the review committee is continued in existence until the date  | 
      
      
        | 
           
			 | 
        provided by Subsection (a).  This subsection expires September 1,  | 
      
      
        | 
           
			 | 
        2025. | 
      
      
        | 
           
			 | 
               SECTION 21.  Section 1001.0712(c), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The department, in consultation with the Texas Maternal  | 
      
      
        | 
           
			 | 
        Mortality and Morbidity Review Committee [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 review committee [task force] in developing  | 
      
      
        | 
           
			 | 
        recommendations for improving the collection of accurate  | 
      
      
        | 
           
			 | 
        information related to cause of death. | 
      
      
        | 
           
			 | 
               SECTION 22.  Section 34.001(14), Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
               SECTION 23.  (a)  In this section, "Healthy Texas Women  | 
      
      
        | 
           
			 | 
        program" means a program operated by the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission that is substantially similar to the demonstration  | 
      
      
        | 
           
			 | 
        project operated under former Section 32.0248, Human Resources  | 
      
      
        | 
           
			 | 
        Code, and that is intended to expand access to preventive health and  | 
      
      
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        family planning services for women in this state. | 
      
      
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               (b)  If the Centers for Medicare and Medicaid Services  | 
      
      
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        approves the waiver submitted by the executive commissioner of the  | 
      
      
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        Health and Human Services Commission under Section 1115 of the  | 
      
      
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        federal Social Security Act (42 U.S.C. Section 1315) for the  | 
      
      
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        Healthy Texas Women Section 1115 Demonstration Waiver, the  | 
      
      
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        executive commissioner shall, as soon as practicable after the  | 
      
      
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        waiver is granted, seek an amendment to the waiver to provide  | 
      
      
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        enhanced services under the Healthy Texas Women program. | 
      
      
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               SECTION 24.  As soon as practicable after the effective date  | 
      
      
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        of this Act: | 
      
      
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                     (1)  the executive commissioner of the Health and Human  | 
      
      
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        Services Commission shall adopt rules as necessary to implement the  | 
      
      
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        changes in law made by this Act; and | 
      
      
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                     (2)  the Health and Human Services Commission shall  | 
      
      
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        apply for any federal money available to implement the model of care  | 
      
      
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        described by Section 531.0738, Government Code, as added by this  | 
      
      
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        Act. | 
      
      
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               SECTION 25.  On the effective date of this Act: | 
      
      
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                     (1)  the Maternal Mortality and Morbidity Task Force is  | 
      
      
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        renamed the Texas Maternal Mortality and Morbidity Review  | 
      
      
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        Committee; and | 
      
      
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                     (2)  a reference in law to the task force means the  | 
      
      
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        review committee. | 
      
      
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               SECTION 26.  If before implementing any provision of this  | 
      
      
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        Act a state agency determines that a waiver or authorization from a  | 
      
      
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        federal agency is necessary for implementation of that provision,  | 
      
      
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        the agency affected by the provision shall request the waiver or  | 
      
      
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        authorization and may delay implementing that provision until the  | 
      
      
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        waiver or authorization is granted. | 
      
      
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               SECTION 27.  The Health and Human Services Commission is  | 
      
      
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        required to implement a provision of this Act only if the  | 
      
      
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        legislature appropriates money specifically for that purpose.  If  | 
      
      
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        the legislature does not appropriate money specifically for that  | 
      
      
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        purpose, the commission may, but is not required to, implement a  | 
      
      
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        provision of this Act using other appropriations available for that  | 
      
      
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        purpose. | 
      
      
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               SECTION 28.  This Act takes effect immediately if it  | 
      
      
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        receives a vote of two-thirds of all the members elected to each  | 
      
      
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        house, as provided by Section 39, Article III, Texas Constitution.   | 
      
      
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        If this Act does not receive the vote necessary for immediate  | 
      
      
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        effect, this Act takes effect September 1, 2019. | 
      
      
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         | 
      
      
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         | 
      
      
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        ______________________________ | 
        ______________________________ | 
      
      
        |   | 
           President of the Senate | 
        Speaker of the House      | 
      
      
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               I hereby certify that S.B. No. 750 passed the Senate on  | 
      
      
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        April 16, 2019, by the following vote:  Yeas 31, Nays 0; and that  | 
      
      
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        the Senate concurred in House amendments on May 23, 2019, by the  | 
      
      
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        following vote:  Yeas 31, Nays 0. | 
      
      
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         | 
      
      
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        ______________________________ | 
      
      
        |   | 
        Secretary of the Senate     | 
      
      
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               I hereby certify that S.B. No. 750 passed the House, with  | 
      
      
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        amendments, on May 21, 2019, by the following vote:  Yeas 144,  | 
      
      
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        Nays 2, one present not voting. | 
      
      
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         | 
      
      
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        ______________________________ | 
      
      
        |   | 
        Chief Clerk of the House    | 
      
      
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         | 
      
      
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        Approved: | 
      
      
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         | 
      
      
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        ______________________________  | 
      
      
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                    Date | 
      
      
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         | 
      
      
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         | 
      
      
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        ______________________________  | 
      
      
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                  Governor |