TX Health & Safety Code § 241.187 (2021)
2021 Texas Statutes|Health and Safety Code|Title 4 - Health Facilities|Subtitle B - Licensing of Health Facilities|Chapter 241 - Hospitals|Subchapter H. Hospital Level of Care Designations for Neonatal and Maternal Care|Section 241.187. Perinatal Advisory Council

Sec. 241.187.  PERINATAL ADVISORY COUNCIL.  (a)  In this section, "advisory council" means the Perinatal Advisory Council established under this section.(b)  The advisory council consists of 19 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 licensed to practice medicine under Subtitle B, Title 3, Occupations Code, specializing in family practice who provide 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 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.(c)  To the extent possible, the executive commissioner shall appoint members to the advisory council who previously served on the Neonatal Intensive Care Unit Council established under Chapter 818 (H.B. 2636), Acts of the 82nd Legislature, Regular Session, 2011.(d)  Members of the advisory council described by Subsections (b)(1)-(11) serve staggered three-year terms, with the terms of six of those members expiring September 1 of each year.  A member may be reappointed to the advisory council.(e)  A member of the advisory council serves without compensation but is entitled to reimbursement for actual and necessary travel expenses related to the performance of advisory council duties.(f)  The department, with recommendations from the advisory council, shall develop a process for the designation and updates of levels of neonatal and maternal care at hospitals in accordance with this subchapter.(g)  The advisory council shall:(1)  develop and recommend criteria for designating levels of neonatal and maternal care, respectively, including specifying the minimum requirements to qualify for each level designation;(2)  develop and recommend a process for the assignment of levels of care to a hospital for neonatal and maternal care, respectively;(3)  make recommendations for the division of the state into neonatal and maternal care regions;(4)  examine utilization trends relating to neonatal and maternal care; and(5)  make recommendations related to improving neonatal and maternal outcomes.(h)  In developing the criteria for the levels of neonatal and maternal care, the advisory council shall consider:(1)  any recommendations or publications of the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists, including "Guidelines for Perinatal Care";(2)  any guidelines developed by the Society of Maternal-Fetal Medicine;(3)  the geographic and varied needs of citizens of this state; and(4)  the patient safety practices adopted under Section 241.1837.(i)  In developing the criteria for designating levels one through three of neonatal and maternal care, the advisory council may not consider the number of patients treated at a hospital.(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.(k)  The advisory council shall continue to update its recommendations based on any relevant scientific or medical developments. Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.07 (l)  The advisory council is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the advisory council is abolished and this section expires September 1, 2027. Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 600 (S.B. 749), Sec. 3 (l)  The advisory council is subject to Chapter 325, Government Code (Texas Sunset Act).  The advisory council shall be reviewed during the period in which the Department of State Health Services is reviewed.(m)  The department, in consultation with the advisory council, shall:(1)  conduct a strategic review of the practical implementation of rules adopted in consultation with the department under this subchapter that at a minimum identifies:(A)  barriers to a hospital obtaining its requested level of care designation;(B)  whether the barriers identified under Paragraph (A) are appropriate to ensure and improve neonatal and maternal care;(C)  requirements for a level of care designation that relate to gestational age; and(D)  whether, in making a level of care designation for a hospital, the department or the perinatal advisory council should consider:(i)  the geographic area in which the hospital is located; and(ii)  regardless of the number of patients of a particular gestational age treated by the hospital, the hospital's capabilities in providing care to patients of a particular gestational age as determined by the hospital;(2)  based on the review conducted under Subdivision (1), recommend a modification of rules adopted under this subchapter, as appropriate, to improve the process and methodology of assigning level of care designations; and(3)  prepare and submit to the legislature:(A)  not later than December 31, 2019, a written report that summarizes the department's review of neonatal care conducted under Subdivision (1) and on actions taken by the department and executive commissioner based on that review; and(B)  not later than December 31, 2020, a written report that summarizes the department's review of maternal care conducted under Subdivision (1) and on actions taken by the department and executive commissioner based on that review.(n)  Subsection (m) and this subsection expire September 1, 2021.|Added by Acts 2013, 83rd Leg., R.S., Ch. 217 (H.B. 15), Sec. 1, eff. September 1, 2013.Amended by: Acts 2015, 84th Leg., R.S., Ch. 583 (H.B. 3433), Sec. 1, eff. June 16, 2015.Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.07, eff. June 10, 2019.Acts 2019, 86th Leg., R.S., Ch. 600 (S.B. 749), Sec. 3, eff. June 10, 2019.Acts 2021, 87th Leg., R.S., Ch. 648 (H.B. 1164), Sec. 2, eff. September 1, 2021.|