reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter E. Enhanced Prenatal and Postpartum Care Services › Section 32.101. Enhanced Prenatal Services for Certain Women

Text of section effective until April 01, 2025
Sec. 32.101.  ENHANCED PRENATAL SERVICES FOR CERTAIN WOMEN.  The commission, in collaboration with managed care organizations that contract with the commission to provide health care services to medical assistance recipients under Chapter 533, Government Code, shall develop and implement cost-effective, evidence-based, and enhanced prenatal services for high-risk pregnant women covered under the medical assistance program.
Added by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 3, eff. June 10, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.24, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter E. Enhanced Prenatal and Postpartum Care Services › Section 32.101. Enhanced Prenatal Services for Certain Women

Text of section effective on April 01, 2025
Sec. 32.101.  ENHANCED PRENATAL SERVICES FOR CERTAIN WOMEN.  The commission, in collaboration with managed care organizations that contract with the commission to provide health care services to medical assistance recipients under Chapter 540 or 540A, Government Code, as applicable, shall develop and implement cost-effective, evidence-based, and enhanced prenatal services for high-risk pregnant women covered under the medical assistance program.
Added by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 3, eff. June 10, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.24, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter E. Enhanced Prenatal and Postpartum Care Services › Section 32.102. Evaluation and Enhancement of Postpartum Care Services for Certain Women

Sec. 32.102.  EVALUATION AND ENHANCEMENT OF POSTPARTUM CARE SERVICES FOR CERTAIN WOMEN.  (a)  In this section, "Healthy Texas Women program" means a program operated by the 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 family planning services for women in this state.
(b)  The commission shall evaluate postpartum care services provided to women enrolled in the Healthy Texas Women program after the first 60 days of the postpartum period.
(c)  Based on the commission's evaluation under Subsection (b), the commission shall develop an enhanced, cost-effective, and limited postpartum care services package for women enrolled in the Healthy Texas Women program to be provided:
(1)  after the first 60 days of the postpartum period; and
(2)  for a period of not more than 12 months after the date of enrollment in the Healthy Texas Women program.
Added by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter F. Delivery and Improvement of Maternal Health Care Services Involving Managed Care Organizations › Section 32.151. Definitions

Sec. 32.151.  DEFINITIONS.  In this subchapter:
(1)  "High-risk population" means the population of women most disproportionately affected by maternal morbidity and maternal mortality, as determined in the joint biennial report required under Section 34.015 including minority women.
(2)  "Healthy Texas Women program" means a program operated by the 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 family planning services for women in this state.
Text of subdivision effective until April 01, 2025
(3)  "Medicaid managed care organization" means a managed care organization as defined by Section 533.001, Government Code, that contracts with the commission under Chapter 533, Government Code, to provide health care services to medical assistance program recipients.
Text of subdivision effective on April 01, 2025
(3)  "Medicaid managed care organization" means a managed care organization as defined by Section 540.0001, Government Code, that contracts with the commission under Chapter 540 or 540A, Government Code, as applicable, to provide health care services to medical assistance program recipients.
Added by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 3, eff. June 10, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.25, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter F. Delivery and Improvement of Maternal Health Care Services Involving Managed Care Organizations › Section 32.152. Provision of Healthy Texas Women Program Services Through Managed Care

Sec. 32.152.  PROVISION OF HEALTHY TEXAS WOMEN PROGRAM SERVICES THROUGH MANAGED CARE.  (a)  The commission shall contract with Medicaid managed care organizations to provide Healthy Texas Women program services.
(b)  In implementing this section, the commission shall:
(1)  consult with the state Medicaid managed care advisory committee before contracting with Medicaid managed care organizations to provide Healthy Texas Women program services under this section;
(2)  identify barriers that prevent women from obtaining Healthy Texas Women program services and seek opportunities to mitigate those barriers; and
(3)  designate Healthy Texas Women program service providers as significant traditional providers until at least the third anniversary of the date the commission initially contracts with Medicaid managed care organizations to provide program services.
Added by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 3, eff. June 10, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 629 (H.B. 133), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter F. Delivery and Improvement of Maternal Health Care Services Involving Managed Care Organizations › Section 32.153. Continuity of Care for Certain Women Enrolling in Healthy Texas Women Program

Sec. 32.153.  CONTINUITY OF CARE FOR CERTAIN WOMEN ENROLLING IN HEALTHY TEXAS WOMEN PROGRAM.  The commission shall develop and implement strategies to ensure the continuity of care for women who transition from the medical assistance program and enroll in the Healthy Texas Women program.  In developing and implementing strategies under this section, the commission may collaborate with health care providers participating in the Healthy Texas Women program and Medicaid managed care organizations that provide health care services to pregnant women.
Added by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter F. Delivery and Improvement of Maternal Health Care Services Involving Managed Care Organizations › Section 32.154. Postpartum Depression Treatment Network

Sec. 32.154.  POSTPARTUM DEPRESSION TREATMENT NETWORK.  Using money from an available source designated by the commission, the commission, in collaboration with Medicaid managed care organizations and health care providers participating in the Healthy Texas Women program, shall develop and implement a postpartum depression treatment network for women enrolled in the medical assistance or Healthy Texas Women program.
Added by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 3, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter F. Delivery and Improvement of Maternal Health Care Services Involving Managed Care Organizations › Section 32.155. Statewide Initiatives to Improve Quality of Maternal Health Care

Sec. 32.155.  STATEWIDE INITIATIVES TO IMPROVE QUALITY OF MATERNAL HEALTH CARE.  (a)  In this section, "social determinants of health" means the environmental conditions in which an individual lives that affect the individual's health and quality of life.
(b)  The commission shall develop or enhance statewide initiatives to improve the quality of maternal health care services and outcomes for women in this state.  The commission shall specify the initiatives that each managed care organization that contracts with the commission to provide health care services in this state must incorporate in the organization's managed care plans.  The initiatives may address:
(1)  prenatal and postpartum care rates;
(2)  maternal health disparities that exist for minority women and other high-risk populations of women in this state;
(3)  social determinants of health; or
(4)  other priorities specified by the commission.
(c)  A managed care organization required to incorporate the initiatives in the organization's managed care plans under Subsection (b) may incorporate any additional initiatives to improve the quality of maternal health care services for women receiving health care services through the organization.
(d)  The commission shall prepare and submit to the legislature and make available to the public an annual report that summarizes:
(1)  the commission's progress in developing or enhancing initiatives under this section; and
(2)  each managed care organization's progress in incorporating the required initiatives in the organization's managed care plans.
Text of subsection effective until April 01, 2025
(e)  The commission shall submit the report required under Subsection (d) with the report required under Section 536.008, Government Code.
Text of subsection effective on April 01, 2025
(e)  The commission shall submit the report required under Subsection (d) with the report required under Section 543A.0008, Government Code.
Added by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 3, eff. June 10, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 738 (H.B. 3265), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.26, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 32 - Maternal and Infant Health Improvement › Subchapter F. Delivery and Improvement of Maternal Health Care Services Involving Managed Care Organizations › Section 32.156. Information About Availability of Subsidized Health Insurance Coverage

Sec. 32.156.  INFORMATION ABOUT AVAILABILITY OF SUBSIDIZED HEALTH INSURANCE COVERAGE.  (a)  The commission and each managed care organization participating in the Healthy Texas Women program shall provide a written notice containing information about eligibility requirements for and enrollment in a health benefit plan for which an enrollee receives a premium subsidy under the Patient Protection and Affordable Care Act (Pub. L. No. 111-148), based on family income, to a woman who:
(1)  is enrolled in the Healthy Texas Women program; and
(2)  has a household income that is more than 100 percent but not more than 200 percent of the federal poverty level.
(b)  The commission, in consultation with the Texas Department of Insurance, shall develop the form and content of the notice required under this section.  The notice must include:
(1)  the latest information written in clear and easily understood language on available options for obtaining a subsidized health benefit plan described by Subsection (a); and
(2)  resources for receiving assistance applying for and enrolling in that health benefit plan.
Added by Acts 2021, 87th Leg., R.S., Ch. 629 (H.B. 133), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter A. General Provisions › Section 33.001. Definitions

Sec. 33.001.  DEFINITIONS.  In this chapter:
(1)  "Birthing facility" means an inpatient or ambulatory health care facility that offers obstetrical or newborn care services.  The term includes:
(A)  a hospital licensed under Chapter 241 that offers obstetrical services;
(B)  a birthing center licensed under Chapter 244;
(C)  a children's hospital; or
(D)  a facility that provides obstetrical services and is maintained and operated by this state or an agency of this state.
(1-a)  "Critical congenital heart disease" means an abnormality in the structure or function of the heart that exists at birth, causes severe, life-threatening symptoms, and requires medical intervention within the first few hours, days, or months of life.
(1-b)  "Heritable disease" means an inherited disease that may result in a physical or intellectual disability or death.
(2)  "Hypothyroidism" means a condition that may cause a severe intellectual disability if not treated.
(3)  "Other benefit" means a benefit, other than a benefit under this chapter, to which an individual is entitled for the payment of the costs of services.  The term includes:
(A)  benefits available under:
(i)  an insurance policy, group health plan, or prepaid medical care plan;
(ii)  Title XVIII of the Social Security Act (42 U.S.C. Section 1395 et seq.);
(iii)  Title XIX of the Social Security Act (42 U.S.C. Section 1396 et seq.);
(iv)  the United States Department of Veterans Affairs;
(v)  the TRICARE program of the United States Department of Defense; or
(vi)  workers' compensation or any other compulsory employers insurance program;
(B)  a public program created by federal or state law or by ordinance or rule of a municipality or political subdivision of the state, except those benefits created by the establishment of a municipal or county hospital, a joint municipal-county hospital, a county hospital authority, a hospital district, or by the facilities of a publicly supported medical school; and
(C)  benefits resulting from a cause of action for health care expenses, or a settlement or judgment based on the cause of action, if the expenses are related to the need for services provided under this chapter.
(4)  "Phenylketonuria" means an inherited condition that may cause a severe intellectual disability if not treated.
(5)  "Screening test" means a rapid analytical procedure to determine the need for further diagnostic evaluation.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 268 (H.B. 740), Sec. 2, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0098, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.01, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter A. General Provisions › Section 33.002. Detection and Treatment Program Established

Sec. 33.002.  DETECTION AND TREATMENT PROGRAM ESTABLISHED.  (a)  The department shall carry out a program to combat morbidity, including intellectual disability, and mortality in persons who have phenylketonuria, other heritable diseases, or hypothyroidism.
(b)  The executive commissioner shall adopt rules necessary to carry out the program, including a rule specifying other heritable diseases covered by this chapter.
(c)  The department shall establish and maintain a laboratory to:
(1)  conduct experiments, projects, and other activities necessary to develop screening or diagnostic tests for the early detection of phenylketonuria, other heritable diseases, and hypothyroidism;
(2)  develop ways and means or discover methods to be used to prevent or treat phenylketonuria, other heritable diseases, and hypothyroidism;  and
(3)  serve other purposes considered necessary by the department to carry out the program.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0099, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 6.02, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter A. General Provisions › Section 33.0021. Sickle-Cell Trait

Sec. 33.0021.  SICKLE-CELL TRAIT.  Notwithstanding any provision of this chapter, the department shall include sickle-cell trait in the detection and treatment program established under this chapter, in the screening for heritable diseases conducted under Subchapter B, and in the newborn screening services provided under Subchapter C.
Added by Acts 2009, 81st Leg., R.S., Ch. 179 (H.B. 1672), Sec. 1, eff. May 27, 2009.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter A. General Provisions › Section 33.003. Cooperation of Health Care Providers and Governmental Entities

Sec. 33.003.  COOPERATION OF HEALTH CARE PROVIDERS AND GOVERNMENTAL ENTITIES.  (a)  The department may invite all physicians, hospitals, and other health care providers in the state that provide maternity and newborn infant care to cooperate and participate in any program established by the department under this chapter.
(b)  Other boards, agencies, departments, and political subdivisions of the state capable of assisting the department in carrying out the program may cooperate with the department and are encouraged to furnish their services and facilities to the program.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter A. General Provisions › Section 33.004. Newborn Screening Program; Fees

Sec. 33.004.  NEWBORN SCREENING PROGRAM; FEES.
(b)  In accordance with rules adopted by the executive commissioner, the department shall implement a newborn screening program.
(c)  In implementing the newborn screening program, the department shall obtain the use of screening methodologies and hire the employees necessary to administer newborn screening under this chapter.
(e)  The department shall periodically review the newborn screening program to determine the efficacy and cost-effectiveness of the program and determine whether adjustments to the program are necessary to protect the health and welfare of this state's newborns and to maximize the number of newborn screenings that may be conducted with the funding available for the screening.
(f)  The executive commissioner by rule shall establish the amounts charged for newborn screening fees, including fees assessed for follow-up services, tracking confirmatory testing, and diagnosis.  In adopting rules under this subsection, the executive commissioner shall ensure that amounts charged for newborn screening fees are sufficient to cover the costs of performing the screening.
Added by Acts 2005, 79th Leg., Ch. 940 (H.B. 790), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0100, eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 599 (S.B. 747), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 973 (S.B. 748), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter A. General Provisions › Section 33.005. Consent

Sec. 33.005.  CONSENT.  (a)  The department shall create a process to:
(1)  permit the parent, managing conservator, or guardian of a newborn child to provide the consent required under this chapter through electronic means, including through audio or video recording;
(2)  determine the manner of storing electronic consent records; and
(3)  ensure the newborn child's attending physician has access to the electronic consent records for the child.
(b)  A request for consent required by this chapter may be submitted to the parent, managing conservator, or guardian of a newborn child through written or electronic means, including through audio or visual recording.
(c)  A birthing facility or person required to obtain consent under this chapter is not required to use the process created by the department under this section to obtain the consent.
Added by Acts 2019, 86th Leg., R.S., Ch. 628 (S.B. 1404), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.0112. Destruction of Genetic Material

Sec. 33.0112.  DESTRUCTION OF GENETIC MATERIAL.  (a)  The department shall destroy any genetic material obtained from a child under this chapter not later than the second anniversary of the date the department receives the genetic material unless a parent, managing conservator, or guardian of the child consents to disclosure under Section 33.018(c-1).
(b)  The department shall destroy any genetic material obtained from a child under this chapter not later than the second anniversary of the date the department receives the genetic material if:
(1)  a parent, managing conservator, or guardian of the child consents to disclosure under Section 33.018(c-1);
(2)  the parent, managing conservator, or guardian who consented to the disclosure revokes the consent under Section 33.018(i); and
(3)  the department receives the written revocation of consent under Section 33.018(i) not later than the second anniversary of the date the department received the genetic material.
(c)  The department shall destroy any genetic material obtained from a child under this chapter not later than the 60th day after the date the department receives a written revocation of consent under Section 33.018(i) if:
(1)  a parent, managing conservator, or guardian of the child consented to disclosure under Section 33.018(c-1);
(2)  the parent, managing conservator, or guardian who consented to the disclosure or the child revokes the consent under Section 33.018(i); and
(3)  the department receives the written revocation of consent later than the second anniversary of the date the department received the genetic material.
Added by Acts 2009, 81st Leg., R.S., Ch. 179 (H.B. 1672), Sec. 2, eff. May 27, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1273 (H.B. 411), Sec. 3, eff. June 1, 2012.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0102, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.012. Exemption

Sec. 33.012.  EXEMPTION.  (a)  Screening tests may not be administered to a newborn child whose parents, managing conservator, or guardian objects on the ground that the tests conflict with the religious tenets or practices of an organized church of which they are adherents.
(b)  If a parent, managing conservator, or guardian objects to the screening tests, the physician or the person attending the newborn child that is not attended by a physician shall ensure that the objection of the parent, managing conservator, or guardian is entered into the medical record of the child.  The parent, managing conservator, or guardian shall sign the entry.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.013. Limitation on Liability

Sec. 33.013.  LIMITATION ON LIABILITY.  A physician, technician, or other person administering the screening tests required by this chapter is not liable or responsible because of the failure or refusal of a parent, managing conservator, or guardian to consent to the tests for which this chapter provides.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.014. Diagnosis; Follow-Up

Sec. 33.014.  DIAGNOSIS;  FOLLOW-UP.  (a)  If, because of an analysis of a specimen submitted under Section 33.011, the department reasonably suspects that a newborn child may have phenylketonuria, another heritable disease, hypothyroidism, or another disorder for which the screening tests are required, the department shall notify the person who submits the specimen that the results are abnormal and provide the test results to that person.  The department may notify one or more of the following that the results of the analysis are abnormal and recommend further testing when necessary:
(1)  the physician attending the newborn child or the physician's designee;
(2)  the person attending the delivery of the newborn child that was not attended by a physician;
(3)  the parents of the newborn child;
(4)  the health authority of the jurisdiction in which the newborn child was born or in which the child resides, if known;  or
(5)  physicians who are cooperating pediatric specialists for the program.
(b)  If a screening test indicates that a newborn child is at high risk, the department shall recommend that the child be placed under the medical care of a licensed physician for diagnosis and provide the name of a consultant pediatric specialist in the child's geographic area.
(c)  The department, the health authority, and the consulting pediatric specialist may follow up a positive test with the attending physician or with a parent of the newborn child if the child was not attended by a physician at birth.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 940 (H.B. 790), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.015. Reports; Record Keeping

Sec. 33.015.  REPORTS;  RECORD KEEPING.  (a)  Each physician, health authority, birthing facility, or other individual who has the information of a confirmed case of a disorder for which a screening test is required that has been detected by a mechanism other than identification through a screening of a specimen by the department's diagnostic laboratory shall report the confirmed case to the department.
(b)  The department may collect data to derive incidence and prevalence rates of disorders covered by this chapter from the information on the specimen form submitted to the department for screening determinations.
(c)  The department shall maintain a roster of children born in this state who have been diagnosed as having one of the disorders for which the screening tests are required.
(d)  The department may cooperate with other states in the development of a national roster of individuals who have been diagnosed as having one of the disorders for which the screening tests are required if:
(1)  participation in the national roster encourages systematic follow-up in the participating states;
(2)  incidence and prevalence information is made available to participating newborn screening programs in other states;  and
(3)  each participating newborn screening program subscribes to an agreement to protect the identity and diagnosis of the individuals whose names are included in the national roster.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 268 (H.B. 740), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.016. Approval of Laboratories

Sec. 33.016.  APPROVAL OF LABORATORIES.  (a)  The department may develop a program to approve any laboratory that wishes to perform the tests required to be administered under this chapter.  To the extent that they are not otherwise provided in this chapter, the executive commissioner may adopt rules prescribing procedures and standards for the conduct of the program.
(b)  The department may prescribe the form and reasonable requirements for the application and the procedures for processing the application.
(c)  The department may prescribe the test procedure to be employed and the standards of accuracy and precision required for each test.
(d)  The department may extend or renew any approval in accordance with reasonable procedures prescribed by the executive commissioner.
(e)  The department may for good cause, after notice to the affected laboratory and a hearing if requested, restrict, suspend, or revoke any approval granted under this section.
(f)  Hearings under this section shall be conducted in accordance with the department's hearing rules and the applicable provisions of Chapter 2001, Government Code.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0103, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.0165. Mutual Aid Agreement for Newborn Screening Laboratory Services

Sec. 33.0165.  MUTUAL AID AGREEMENT FOR NEWBORN SCREENING LABORATORY SERVICES.  (a)  In this section, "newborn screening laboratory services" means the performance of tests to analyze specimens collected as part of the newborn screenings performed under this subchapter.
(b)  Notwithstanding Section 12.0122 or other law, the department may enter into a mutual aid agreement to provide newborn screening laboratory services to another state and to receive newborn screening laboratory services from another state in the event of an unexpected interruption of service, including an interruption caused by a disaster.
(c)  Each mutual aid agreement under Subsection (b) shall include provisions:
(1)  to address the confidentiality of the identity of the newborn child and the newborn child's family; and
(2)  to ensure the return of blood specimens and related records to the state that received the newborn screening laboratory services.
Added by Acts 2009, 81st Leg., R.S., Ch. 109 (H.B. 1671), Sec. 1, eff. September 1, 2009.
Transferred, redesignated and amended from Health and Safety Code, Section 12.01221 by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0015, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.017. Newborn Screening Advisory Committee

Sec. 33.017.  NEWBORN SCREENING ADVISORY COMMITTEE.  (a)  The department shall establish the Newborn Screening Advisory Committee.
(b)  The advisory committee consists of members appointed by the commissioner.  The advisory committee must include the following members:
(1)  at least four physicians licensed to practice medicine in this state, including at least two physicians specializing in neonatal-perinatal medicine;
(2)  at least two hospital representatives;
(3)  at least two persons who have family members affected by a condition for which newborn screening is or may be required under this subchapter; and
(4)  at least two health care providers who are involved in the delivery of newborn screening services, follow-up, or treatment in this state.
(c)  The advisory committee shall:
(1)  advise the department regarding strategic planning, policy, rules, and services related to newborn screening and additional newborn screening tests for each disorder included in the list described by Section 33.011(a-1); and
(2)  review the necessity of requiring additional screening tests, including an assessment of the test implementation costs to the department, birthing facilities, and other health care providers.
(d)  The advisory committee shall adopt bylaws governing the committee's operations.
(e)  The advisory committee may appoint subcommittees.
(f)  The advisory committee shall meet at least three times each year and at other times at the call of the commissioner.
(g)  A member of the advisory committee is not entitled to compensation, but is entitled to reimbursement for travel or other expenses incurred by the member while conducting the business of the advisory committee, as provided by the General Appropriations Act.
(h)  The advisory committee is not subject to Chapter 2110, Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 1124 (H.B. 1795), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 268 (H.B. 740), Sec. 6, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0104, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.019. Notice of Cost and Claim Process

Sec. 33.019.  NOTICE OF COST AND CLAIM PROCESS.  (a)  The department shall publish on its Internet website the cost of and instructions on the full claim and reimbursement process for a newborn screening test kit to be used to comply with the test requirements of Section 33.011.
(b)  The department may change the cost published under Subsection (a) not later than the 90th day before the date the department publishes notice of the change on its Internet website.  If the department changes the cost under this subsection, the department shall retain a record of the previous cost until the first anniversary of the date of the change.
Added by Acts 2019, 86th Leg., R.S., Ch. 599 (S.B. 747), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter B. Newborn Screening › Section 33.020. Annual Report

Sec. 33.020.  ANNUAL REPORT.  (a)  For each newborn screening test that screens for a disorder included in the list of core conditions described by Section 33.011(a-1) that is not required by the department, the department shall, not later than September 1 of each year, prepare and submit a written report to the governor, the lieutenant governor, the speaker of the house of representatives, and each standing committee of the legislature having primary jurisdiction over the department.  The written report must:
(1)  identify any additional program capacity or resources the department would need to:
(A)  implement the additional newborn screening test; and
(B)  require each newborn in the state to receive the additional newborn screening test; and
(2)  summarize the plan for implementing and requiring the additional newborn screening test, including by identifying:
(A)  any potential barriers to implementation; and
(B)  the anticipated implementation date.
(b)  As part of the plan described by Subsection (a)(2), the report must include information on whether the department is capable of implementing the required additional newborn screening test within a 24-month period.
Added by Acts 2023, 88th Leg., R.S., Ch. 722 (H.B. 2478), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter C. Newborn Screening Program Services › Section 33.031. Coordination With Children With Special Health Care Needs Services

Sec. 33.031.  COORDINATION WITH CHILDREN WITH SPECIAL HEALTH CARE NEEDS SERVICES.  (a)  All newborn children and other individuals under 21 years of age who have been screened, have been found to be presumptively positive through the newborn screening program for phenylketonuria, other heritable diseases, hypothyroidism, or another disorder for which the screening tests are required, and may be financially eligible may be referred to the department's services program for children with special health care needs.
(b)  An individual who is determined to be eligible for services under the services program for children with special health care needs shall be given approved services through that program.  An individual who does not meet that eligibility criteria shall be referred to the newborn screening program for a determination of eligibility for newborn screening program services.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991;  Acts 1999, 76th Leg., ch. 1505, Sec. 3.11, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 940 (H.B. 790), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter C. Newborn Screening Program Services › Section 33.032. Program Services

Sec. 33.032.  PROGRAM SERVICES.  (a)  Within the limits of funds available for this purpose and in cooperation with the individual's physician, the department may provide services directly or through approved providers to individuals of any age who meet the eligibility criteria specified by department rules on the confirmation of a positive test for phenylketonuria, other heritable diseases, hypothyroidism, or another disorder for which the screening tests are required.
(b)  The executive commissioner may adopt:
(1)  rules specifying the type, amount, and duration of program services to be offered;
(2)  rules establishing the criteria for eligibility for services, including the medical and financial criteria;
(3)  rules establishing the procedures necessary to determine the medical, financial, and other eligibility of the individual;
(4)  substantive and procedural rules for applying for program services and processing those applications;
(5)  rules for providing services according to a sliding scale of financial eligibility;
(6)  substantive and procedural rules for the denial, modification, suspension, and revocation of an individual's approval to receive services; and
(7)  substantive and procedural rules for the approval of providers to furnish program services.
(c)  The department may select providers according to the criteria in the department's rules.
(d)  The executive commissioner by rule may establish fees to be collected by the department for the provision of services, except that services may not be denied to an individual because of the individual's inability to pay the fees.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 940 (H.B. 790), Sec. 6, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0105, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter C. Newborn Screening Program Services › Section 33.033. Consent

Sec. 33.033.  CONSENT.  The department may not provide services without the consent of the individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter C. Newborn Screening Program Services › Section 33.034. Denial, Modification, Suspension, and Revocation of Approval to Provide Services

Sec. 33.034.  DENIAL, MODIFICATION, SUSPENSION, AND REVOCATION OF APPROVAL TO PROVIDE SERVICES.  (a)  After notice and an opportunity for a fair hearing, the department may deny the approval or modify, suspend, or revoke the approval of a person to provide services under this chapter.
(b)  Notice shall be given and the hearing shall be conducted in accordance with the department's informal hearing procedures.
(c)  Chapter 2001, Government Code, does not apply to the notice and hearing required by this section.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(66), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 9.001, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter C. Newborn Screening Program Services › Section 33.035. Individuals Eligible for Services

Sec. 33.035.  INDIVIDUALS ELIGIBLE FOR SERVICES.  (a)  An individual is not eligible to receive the services authorized by this chapter at no cost or reduced cost to the extent that the individual or the parent, managing conservator, guardian, or other person with a legal obligation to support the individual is eligible for some other benefit that would pay for all or part of the services.
(b)  The department may waive ineligibility under Subsection (a) if the department finds that:
(1)  good cause for the waiver is shown;  and
(2)  enforcement of the requirement would tend to defeat the purpose of this chapter or disrupt the administration or prevent the provision of services to an otherwise eligible recipient.
(c)  When an application for services is filed or at any time that an individual is eligible for or receiving services, the applicant or recipient shall inform the department of any other benefit to which the applicant, recipient, or person with a legal obligation to support the applicant or recipient may be entitled.
(d)  The executive commissioner by rule shall provide criteria for actions taken under this section.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0106, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter C. Newborn Screening Program Services › Section 33.036. Denial, Modification, Suspension, and Revocation of Eligibility to Receive Services

Sec. 33.036.  DENIAL, MODIFICATION, SUSPENSION, AND REVOCATION OF ELIGIBILITY TO RECEIVE SERVICES.  (a)  After notice to the individual or, if the individual is a minor, the individual's parent, managing conservator, or guardian and an opportunity for a fair hearing, the department may deny, modify, suspend, or revoke the determination of a person's eligibility to receive services at no cost or at reduced cost under this chapter.
(b)  Notice shall be given and the hearing shall be conducted in accordance with the department's informal hearing procedures.
(c)  Chapter 2001, Government Code, does not apply to the notice and hearing required by this section.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(66), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0107, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter C. Newborn Screening Program Services › Section 33.037. Reimbursement

Sec. 33.037.  REIMBURSEMENT.  (a)  The department may require an individual or, if the individual is a minor, the minor's parent, managing conservator, or guardian, or other person with a legal obligation to support the individual to pay or reimburse the department for all or part of the cost of the services provided.
(b)  The recipient or the parent, managing conservator, guardian, or other person with a legal obligation to support an individual who has received services from the department that are covered by some other benefit shall, when the other benefit is received, reimburse the department for the cost of services provided.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0108, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter C. Newborn Screening Program Services › Section 33.038. Recovery of Costs

Sec. 33.038.  RECOVERY OF COSTS.  (a)  The department is entitled to recover an expenditure for services provided under this chapter from:
(1)  a person who does not reimburse the department as required by this chapter;  or
(2)  a third party with a legal obligation to pay other benefits and who has received prior written notice of the department's interests in the other benefits.
(b)  This section creates a separate and distinct cause of action, and the department may request the attorney general to bring suit in the appropriate court of Travis County on behalf of the department.
(c)  In a judgment in favor of the department, the court may award attorney fees, court costs, and interest accruing from the date on which the department provides the service to the date on which the department is reimbursed.
(d)  The executive commissioner by rule shall provide criteria for actions taken under this section.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 8, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0109, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 33 - Phenylketonuria, Other Heritable Diseases, Hypothyroidism, and Certain Other Disorders › Subchapter D. Newborn Screening Preservation Account › Section 33.051. Definition

Sec. 33.051.  DEFINITION.  In this subchapter, "account" means the newborn screening preservation account established under Section 33.052.
Added by Acts 2019, 86th Leg., R.S., Ch. 599 (S.B. 747), Sec. 3, eff. September 1, 2019.
Added by Acts 2019, 86th Leg., R.S., Ch. 973 (S.B. 748), Sec. 2, eff. September 1, 2019.