reglab/statecodes huggingface dataset:
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 33.052. Creation of Account

Sec. 33.052.  CREATION OF ACCOUNT.  (a)  The newborn screening preservation account is a dedicated account in the general revenue fund.  Money in the account may be appropriated only to the department and only for the purpose of carrying out the newborn screening program established under this chapter.
(a-1)  The department may use money appropriated under Subsection (a) to ensure that the laboratory established by the department or a laboratory approved by the department under Section 33.016 is available seven days a week to perform screening tests required by the department under Section 33.011.
(b)  On November 1 of each year, the comptroller shall transfer to the account any unexpended and unencumbered money from Medicaid reimbursements collected by the department for newborn screening services during the preceding state fiscal year.
(c)  The account is composed of:
(1)  money transferred to the account under Subsection (b);
(2)  gifts, grants, donations, and legislative appropriations; and
(3)  interest earned on the investment of money in the account.
(d)  Section 403.0956, Government Code, does not apply to the account.
(e)  The department administers the account.  The department may solicit and receive gifts, grants, and donations from any source for the benefit of the account.
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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 722 (H.B. 2478), Sec. 2, 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 D. Newborn Screening Preservation Account › Section 33.053. Dedicated Use

Sec. 33.053.  DEDICATED USE.  (a)  The department may use any money remaining in the account after paying the costs of operating the newborn screening program established under this chapter only to:
(1)  pay the costs of offering additional newborn screening tests not offered under this chapter before September 1, 2019, including the operational costs incurred during the first year of implementing the additional tests; and
(2)  pay for capital assets, equipment, and renovations for the laboratory established by the department to ensure the continuous operation of the newborn screening program.
(b)  The department may not use money from the account for the department's general operating expenses.
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.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.001. Definitions

Sec. 34.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(17), eff. April 2, 2015.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(17), eff. April 2, 2015.
(3)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(17), eff. April 2, 2015.
(4)  "Health care provider" means an individual or facility licensed, certified, or otherwise authorized to administer health care, for profit or otherwise, in the ordinary course of business or professional practice, including a physician or a hospital or birthing center.
(5)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(6)  "Intrapartum care" has the meaning assigned by Section 32.002.
(7)  "Life-threatening condition" means a condition from which the likelihood of death is probable unless the course of the condition is interrupted.
(8)  "Maternal morbidity" means a pregnancy-related health condition occurring during pregnancy, labor, or delivery or within one year of delivery or end of pregnancy.
(9)  "Patient" means the woman who while pregnant or within one year of delivery or end of pregnancy suffers death or severe maternal morbidity.
(10)  "Perinatal care" has the meaning assigned by Section 32.002.
(11)  "Physician" means a person licensed to practice medicine in this state under Subtitle B, Title 3, Occupations Code.
(12)  "Pregnancy-related death" means the death of a woman while pregnant or within one year of delivery or end of pregnancy, regardless of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management, but not from accidental or incidental causes.
(12-a)  "Review committee" means the Texas Maternal Mortality and Morbidity Review Committee.
(13)  "Severe maternal morbidity" means maternal morbidity that constitutes a life-threatening condition.
(14)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 22, eff. June 10, 2019.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(17), eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 5, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 22, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.003. Terms; Vacancy

Sec. 34.003.  TERMS; VACANCY.  (a)  Review committee members appointed by the commissioner serve staggered six-year terms, with one-third or as near as possible to one-third of the members' terms expiring February 1 of each odd-numbered year.
(b)  A review committee member may serve more than one term.
(c)  A vacancy on the review committee shall be filled for the unexpired term in the same manner as the original appointment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 6, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 671 (H.B. 852), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.004. Meetings

Sec. 34.004.  MEETINGS.  (a)  The review committee shall meet at least quarterly.  The review committee may meet at other times at the call of the commissioner.
(b)  Meetings of the review committee are subject to Chapter 551, Government Code, except that the review committee shall conduct a closed meeting to review cases under Section 34.007.
(c)  The review committee shall:
(1)  allow for public comment during at least one public meeting each year;
(2)  present in open session recommendations made under Section 34.005 to help reduce the incidence of pregnancy-related deaths and severe maternal morbidity in this state; and
(3)  post public notice for meetings conducted for the sole purpose of reviewing cases for selection under Section 34.007.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 12 (S.B. 17), Sec. 2, eff. August 16, 2017.
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 6, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.005. Duties of Review Committee

Sec. 34.005.  DUTIES OF REVIEW COMMITTEE.  The review committee 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 other states that have reduced rates of pregnancy-related deaths;
(2)  compare rates of pregnancy-related deaths based on the socioeconomic status of the mother;
(3)  determine the feasibility of the review committee studying cases of severe maternal morbidity; and
(4)  in consultation with the Perinatal Advisory Council, make recommendations to help reduce the incidence of pregnancy-related deaths and severe maternal morbidity in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 12 (S.B. 17), Sec. 3, eff. August 16, 2017.
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 6, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.0055. Screening and Educational Materials for Substance Use and Domestic Violence

Sec. 34.0055.  SCREENING AND EDUCATIONAL MATERIALS FOR SUBSTANCE USE AND DOMESTIC VIOLENCE.  (a)  Using existing resources, the commission, in consultation with the review committee, shall:
(1)  make available to physicians and other persons licensed or certified to conduct a substance use screening and domestic violence screening of pregnant women information that includes:
(A)  guidance regarding best practices for verbally screening a pregnant woman for substance use and verbally screening a pregnant woman for domestic violence using a validated screening tool; and
(B)  a list of substance use treatment resources and domestic violence prevention and intervention resources in each geographic region of this state; and
(2)  review and promote the use of educational materials on the consequences of opioid drug use and on domestic violence prevention and intervention during pregnancy.
(b)  The commission shall make the information and educational materials described by Subsection (a) available on the commission's Internet website.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 12 (S.B. 17), Sec. 4, eff. August 16, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 7, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.006. Consultations and Agreements With Outside Parties

Sec. 34.006.  CONSULTATIONS AND AGREEMENTS WITH OUTSIDE PARTIES.  (a)  The department and review committee 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 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 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 may enter into agreements with institutions of higher education or other organizations consistent with the duties of the department or review committee under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 8, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.007. Selection and Review of Cases

Sec. 34.007.  SELECTION AND REVIEW OF CASES.  (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 to review under this subsection to reflect a cross-section of pregnancy-related deaths in this state.
(b)  The department shall statistically analyze aggregate data of pregnancy-related deaths and severe maternal morbidity in this state to identify any trends, rates, or disparities.
(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 to review to reflect trends identified under Subsection (b).
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 12 (S.B. 17), Sec. 5, eff. August 16, 2017.
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 9, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.008. Obtaining De-Identified Information for Review

Sec. 34.008.  OBTAINING DE-IDENTIFIED INFORMATION FOR REVIEW.  (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 to review the case.  The department shall provide the information to the review committee.
(b)  The information provided to the review committee 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)  On the request of the department, a hospital, birthing center, or other custodian of the requested information shall provide the information to the department.  The information shall be provided without the authorization of the patient or, if the patient is deceased, without the authorization of the patient's family.
(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.
(d)  A person who provides information to the department under this section is not subject to an administrative, civil, or criminal action for damages or other relief for providing the information.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 10, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.010. Subpoena and Discovery

Sec. 34.010.  SUBPOENA AND DISCOVERY.  Review committee 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 12, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.011. Immunity

Sec. 34.011.  IMMUNITY.  (a)  A member of the review committee or a person employed by or acting in an advisory capacity to the review committee and who provides information, counsel, or services to the review committee is not liable for damages for an action taken within the scope of the functions of the review committee.
(b)  Subsection (a) does not apply if the person acts with malice or without the reasonable belief that the action is warranted by the facts known to the person.
(c)  This section does not provide immunity to a person described by Subsection (a) for a violation of a state or federal law or rule relating to the privacy of health information or 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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 13, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.012. Database of De-Identified Information

Sec. 34.012.  DATABASE OF DE-IDENTIFIED INFORMATION.  (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 in performing functions under this chapter.
(b)  The information in the database may not include identifying information, including:
(1)  the name of a patient; or
(2)  the name or specific location of a health care provider that treated a patient.
(c)  The database may be accessed only by the department and the review committee for the purposes described in this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 14, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.013. Inapplicability of Chapter

Sec. 34.013.  INAPPLICABILITY OF CHAPTER.  This chapter does not apply to disclosure of records pertaining to voluntary or therapeutic termination of pregnancy, and those records may not be collected, maintained, or disclosed under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.014. Funding

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 under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 15, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.015. Reports

Sec. 34.015.  REPORTS.  (a)  Not later than September 1 of each even-numbered year, the review committee and the department shall submit a joint report on the findings of the review committee 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 recommendations under Section 34.005(4).
(c)  The department shall disseminate the report to the state professional associations and organizations listed in Section 34.006(b) and make the report publicly available in paper or electronic form.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 12 (S.B. 17), Sec. 7, eff. August 16, 2017.
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 16, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.0155. Report on Pregnancy-Related Deaths, Severe Maternal Morbidity, and Postpartum Depression

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, 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.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 12 (S.B. 17), Sec. 8, eff. August 16, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 17, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.0156. Maternal Health and Safety Initiative

Sec. 34.0156.  MATERNAL HEALTH AND SAFETY INITIATIVE.  (a)  Using existing resources, the department, in collaboration with the review committee, shall promote and facilitate the use among health care providers in this state of maternal health and safety informational materials, including tools and procedures related to best practices in maternal health and safety.
(b)  Not later than December 1 of each even-numbered year, the department shall submit a report to the executive commissioner that includes:
(1)  a summary of the initiative's implementation and outcomes; and
(2)  recommendations for improving the effectiveness of the initiative.
Added by Acts 2017, 85th Leg., 1st C.S., Ch. 12 (S.B. 17), Sec. 8, eff. August 16, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 18, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.0158. Report on Actions to Address Maternal Mortality Rates

Sec. 34.0158.  REPORT ON ACTIONS TO ADDRESS MATERNAL MORTALITY RATES.  Not later than December 1 of each even-numbered year, the commission shall 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 summarizing the actions taken to address maternal morbidity and reduce maternal mortality rates.  The report must include information from programs and initiatives created to address maternal morbidity and reduce maternal mortality rates in this state, including:
(1)  Medicaid;
(2)  the children's health insurance program, including the perinatal program;
(3)  the Healthy Texas Women program;
(4)  the Family Planning Program;
(5)  this state's program under the Maternal and Child Health Services Block Grant Act (42 U.S.C. Section 701 et seq.);
(6)  the Perinatal Advisory Council;
(7)  state health plans; and
(8)  the Healthy Texas Babies program.
Added by Acts 2019, 86th Leg., R.S., Ch. 973 (S.B. 748), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.01581. Opioid Use Disorder Maternal and Newborn Health Initiatives

Sec. 34.01581.  OPIOID USE DISORDER MATERNAL AND NEWBORN HEALTH INITIATIVES.  (a)  The department, in collaboration with the review committee, shall develop and implement initiatives to:
(1)  improve screening procedures to better identify and care for women with opioid use disorder;
(2)  improve continuity of care for women with opioid use disorder by ensuring that health care providers refer the women to appropriate treatment and verify the women receive the treatment;
(3)  optimize health care provided to pregnant women with opioid use disorder;
(4)  optimize health care provided to newborns with neonatal abstinence syndrome by encouraging maternal engagement;
(5)  increase access to medication-assisted treatment for women with opioid use disorder during pregnancy and the postpartum period; and
(6)  prevent opioid use disorder by reducing the number of opioid drugs prescribed before, during, and following a delivery.
(b)  Expired.
(c)  Using existing resources, the department, in collaboration with the review committee, shall promote and facilitate the use among health care providers in this state of maternal health informational materials, including tools and procedures related to best practices in maternal health to improve obstetrical care for women with opioid use disorder.
Added by Acts 2019, 86th Leg., R.S., Ch. 514 (S.B. 436), Sec. 1, eff. June 7, 2019.
Redesignated and amended from Health and Safety Code, Section 34.0158 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 10.001, eff. September 1, 2021.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.0159. Program Evaluations

Text of section effective until April 01, 2025
Sec. 34.0159.  PROGRAM EVALUATIONS.  The commission, in collaboration with the task force and other interested parties, shall:
(1)  explore options for expanding the pilot program for pregnancy medical homes established under Section 531.0996, Government Code;
(2)  explore methods for increasing the benefits provided under Medicaid, including specialty care and prescriptions, for women at greater risk of a high-risk pregnancy or premature delivery;
(3)  evaluate the impact of supplemental payments made to obstetrics providers for pregnancy risk assessments on increasing access to maternal health services;
(4)  evaluate a waiver to fund managed care organization payments for case management and care coordination services for women at high risk of severe maternal morbidity on conclusion of their eligibility for Medicaid;
(5)  evaluate the average time required for pregnant women to complete the Medicaid enrollment process;
(6)  evaluate the use of Medicare codes for Medicaid care coordination;
(7)  study the impact of programs funded from the Teen Pregnancy Prevention Program federal grant and evaluate whether the state should continue funding the programs; and
(8)  evaluate the use of telemedicine medical services for women during pregnancy and the postpartum period.
Added by Acts 2019, 86th Leg., R.S., Ch. 973 (S.B. 748), Sec. 3, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.28, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.0159. Program Evaluations

Text of section effective on April 01, 2025
Sec. 34.0159.  PROGRAM EVALUATIONS.  The commission, in collaboration with the task force and other interested parties, shall:
(1)  explore options for expanding the pilot program for pregnancy medical homes established under former Section 531.0996, Government Code;
(2)  explore methods for increasing the benefits provided under Medicaid, including specialty care and prescriptions, for women at greater risk of a high-risk pregnancy or premature delivery;
(3)  evaluate the impact of supplemental payments made to obstetrics providers for pregnancy risk assessments on increasing access to maternal health services;
(4)  evaluate a waiver to fund managed care organization payments for case management and care coordination services for women at high risk of severe maternal morbidity on conclusion of their eligibility for Medicaid;
(5)  evaluate the average time required for pregnant women to complete the Medicaid enrollment process;
(6)  evaluate the use of Medicare codes for Medicaid care coordination;
(7)  study the impact of programs funded from the Teen Pregnancy Prevention Program federal grant and evaluate whether the state should continue funding the programs; and
(8)  evaluate the use of telemedicine medical services for women during pregnancy and the postpartum period.
Added by Acts 2019, 86th Leg., R.S., Ch. 973 (S.B. 748), Sec. 3, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.28, eff. April 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.016. Rules

Sec. 34.016.  RULES.  The executive commissioner may adopt rules to implement this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.017. Department Access to Information

Sec. 34.017.  DEPARTMENT ACCESS TO INFORMATION.  (a)  Notwithstanding Chapter 108 or any other law, the department may have access to the following information that may include the identity of a patient to fulfill its duties under this chapter:
(1)  birth records;
(2)  fetal death records;
(3)  maternal death records; and
(4)  hospital and birthing center discharge data.
(b)  The department may not disclose the information described by Subsection (a) to the review committee or any other person.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 19, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.018. Sunset Provision

Sec. 34.018.  SUNSET PROVISION.  (a)  The review committee is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the review committee is abolished and this chapter expires September 1, 2027.
(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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 527 (S.B. 495), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2017, 85th Leg., 1st C.S., Ch. 12 (S.B. 17), Sec. 9, eff. August 16, 2017.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 4.05, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 601 (S.B. 750), Sec. 20, eff. June 10, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.019. Data Collection

Sec. 34.019.  DATA COLLECTION.  The task force, under the direction of the department, shall annually collect information relating to maternity care and postpartum depression in this state.  The information must be based on statistics for the preceding year and include the:
(1)  number of births by Medicaid recipients;
(2)  number of births by women with health benefit plan coverage;
(3)  number of Medicaid recipients screened for postpartum depression;
(4)  number of women screened for postpartum depression under health benefit plan coverage;
(5)  number of women treated for postpartum depression under health benefit plan coverage;
(6)  number of women screened for postpartum depression under the Healthy Texas Women program;
(7)  number of women treated for postpartum depression under the Healthy Texas Women program;
(8)  number of claims for postpartum depression treatment paid by the Healthy Texas Women program;
(9)  number of claims for postpartum depression treatment rejected by the Healthy Texas Women program;
(10)  postpartum depression screening and treatment billing codes and the number of claims for each billing code under the Healthy Texas Women program;
(11)  average number of days from the date of a postpartum depression screening to the date the patient begins treatment under Medicaid;
(12)  average number of days from the date of a postpartum depression screening to the date the patient begins treatment under the Healthy Texas Women program;
(13)  number of women who screened positive for postpartum depression under Medicaid and the average number of days following childbirth for the screening to occur;
(14)  number of women who screened positive for postpartum depression under health benefit plan coverage and the average number of days following childbirth for the screening to occur; and
(15)  number of women who screened positive for postpartum depression under the Healthy Texas Women program and the average number of days following childbirth for the screening to occur.
Added by Acts 2019, 86th Leg., R.S., Ch. 973 (S.B. 748), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 34 - Texas Maternal Mortality and Morbidity Review Committee › Section 34.021. Application for Federal Grants

Sec. 34.021.  APPLICATION FOR FEDERAL GRANTS.  (a)  The executive commissioner shall apply to the United States Department of Health and Human Services for grants under the federal Preventing Maternal Deaths Act of 2018 (Pub. L. No. 115-344).
(b)  This section expires September 1, 2027.
Added by Acts 2019, 86th Leg., R.S., Ch. 973 (S.B. 748), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.001. Short Title

Sec. 35.001.  SHORT TITLE.  This chapter may be cited as the Children with Special Health Care Needs Services Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1505, Sec. 3.01, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.0022. Child With Special Health Care Needs

Sec. 35.0022.  CHILD WITH SPECIAL HEALTH CARE NEEDS.  (a)  In this chapter, "child with special health care needs" means a person who:
(1)  is younger than 21 years of age and who has a chronic physical or developmental condition;  or
(2)  has cystic fibrosis, regardless of the person's age.
(b)  The term "child with special health care needs" may include a person who has a behavioral or emotional condition that accompanies the person's physical or developmental condition.  The term does not include a person who has a behavioral or emotional condition without having an accompanying physical or developmental condition.
Added by Acts 1999, 76th Leg., ch. 1505, Sec. 3.02, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.0031. Health Benefits Plan Coverage for Certain Eligible Children

Sec. 35.0031.  HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN ELIGIBLE CHILDREN.  The department shall obtain coverage under a health benefits plan for a child who:
(1)  is eligible for services under this chapter;  and
(2)  is not eligible for assistance under:
(A)  a program established under Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended;  or
(B)  the medical assistance program under Chapter 32, Human Resources Code.
Added by Acts 1999, 76th Leg., ch. 1505, Sec. 3.04, eff. Sept. 1, 1999.
Sec. 35.0032.  BENEFITS COVERAGE REQUIRED.  To the extent possible, the health benefits plan required by Section 35.0031 must provide benefits comparable to the benefits provided under the state child health plan established by this state to implement Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended.
Added by Acts 1999, 76th Leg., ch. 1505, Sec. 3.04, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.0033. Health Benefits Plan Provider

Sec. 35.0033.  HEALTH BENEFITS PLAN PROVIDER.  (a)  A health benefits plan provider who provides coverage for benefits under Section 35.0031 must:
(1)  hold a certificate of authority or other appropriate license issued by the Texas Department of Insurance that authorizes the health benefits plan provider to provide the type of coverage to be offered under Section 35.0031;  and
(2)  satisfy, except as provided by Subsection (b), any other applicable requirement of the Insurance Code or another insurance law of this state.
(b)  Except as required by department rule, a health benefits plan provider under this chapter is not subject to a law that requires coverage or the offer of coverage of a health care service or benefit.
Added by Acts 1999, 76th Leg., ch. 1505, Sec. 3.04, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0112, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.0034. Cost-Sharing Payments

Sec. 35.0034.  COST-SHARING PAYMENTS.  (a)  Except as provided by Subsection (b), the department may not require a child who is provided health benefits plan coverage under Section 35.0031 and who meets the income eligibility requirement of the medical assistance program under Chapter 32, Human Resources Code, to pay a premium, deductible, coinsurance, or other cost-sharing payment as a condition of health benefits plan coverage under this chapter.
(b)  The department may require a child described by Subsection (a) to pay a copayment as a condition of health benefits plan coverage under Section 35.0031 that is equal to any copayment required under the state child health plan established by this state to implement Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended.
(c)  The department may require a child who is provided health benefits plan coverage under Section 35.0031 and who meets the income eligibility requirement of a program established under Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended, to pay a premium, deductible, coinsurance, or other cost-sharing payment as a condition of health benefits plan coverage.  The payment must be equal to any premium, deductible, coinsurance, or other cost-sharing payment required under the state child health plan established by this state to implement Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended.
Added by Acts 1999, 76th Leg., ch. 1505, Sec. 3.04, eff. Sept. 1, 1999.
Sec. 35.0035.  DISALLOWANCE OF MATCHING FUNDS FROM FEDERAL GOVERNMENT.  Expenditures made to provide health benefits plan coverage under Section 35.0031 may not be included for the purpose of determining the state children's health insurance expenditures, as that term is defined by 42 U.S.C. Section 1397ee(d)(2)(B), as amended.
Added by Acts 1999, 76th Leg., ch. 1505, Sec. 3.04, eff. Sept. 1, 1999.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.004. Service Providers

Sec. 35.004.  SERVICE PROVIDERS.  (a)  The executive commissioner shall adopt substantive and procedural rules for the selection of providers to participate in the program, including rules for the selection of specialty centers and rules requiring that providers accept program payments as payment in full for services provided.
(b)  The department shall approve physicians, dentists, licensed dietitians, facilities, specialty centers, and other providers to participate in the program according to the criteria and following the procedures prescribed by department rules.
(c)  The department may pay only for services delivered by an approved provider, except in an emergency.
(d)  Except as specified in the department rules, a recipient of services may select any provider approved by the department.  If the recipient is a minor, the person legally authorized to consent to the treatment may select the provider.
(e)  The executive commissioner shall adopt substantive and procedural rules for the modification, suspension, or termination of the approval of a provider.
(f)  The department shall provide a due process hearing procedure in accordance with department rules for the resolution of conflicts between the department and a provider.  Chapter 2001, Government Code, does not apply to conflict resolution procedures adopted under this section.
(g)  The department may not terminate the approval of a provider while a hearing is pending under this section.  The department may withhold payments while the hearing is pending, but shall pay the withheld payments and resume contract payments if the final determination is favorable to the provider.
(h)  Subsection (f) does not apply if a contract:
(1)  is canceled by the department because services are restricted to conform to budgetary limitations and service priorities are adopted by the executive commissioner regarding types of services to be provided; or
(2)  expires according to its terms.
(i)  The Interagency Cooperation Act, Chapter 771, Government Code, does not apply to a payment made by the department for services provided by a publicly supported medical school facility to an eligible child.  A publicly supported medical school facility receiving payment under this chapter shall deposit the payment in local funds.
(j)  This section does not apply to services for which coverage is provided under the health benefits plan established under Section 35.0031.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(66), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 393, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1505, Sec. 3.05, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0113, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 2 - Health › Subtitle B - Health Programs › Chapter 35 - Children With Special Health Care Needs › Section 35.0041. Participation and Reimbursement of Telemedicine Medical Service Providers

Sec. 35.0041.  PARTICIPATION AND REIMBURSEMENT OF TELEMEDICINE MEDICAL SERVICE PROVIDERS.  (a)  The executive commissioner by rule shall develop and the department shall implement policies permitting reimbursement of a provider for services under the program performed using telemedicine medical services.
(b)  The policies must provide for reimbursement of:
(1)  providers using telemedicine medical services and telehealth services in a cost-effective manner that ensures the availability to a child with special health care needs of services appropriately performed using telemedicine medical services and telehealth services that are comparable to the same types of services available to that child without use of telemedicine medical services and telehealth services;
(2)  a provider for a service performed using telemedicine medical services and telehealth services at an amount equal to the amount paid to a provider for performing the same service without using telemedicine medical services and telehealth services;
(3)  multiple providers of different services who participate in a single telemedicine medical services or telehealth services session for a child with special health care needs, if the department determines that reimbursing each provider for the session is cost-effective in comparison to the costs that would be involved in obtaining the services from providers without the use of telemedicine medical services and telehealth services, including the costs of transportation and lodging and other direct costs;  and
(4)  providers using telemedicine medical services and telehealth services included in the school health and related services program.
(c)  In developing and implementing the policies required by this section, the executive commissioner and the department shall consult with:
(1)  The University of Texas Medical Branch at Galveston;
(2)  Texas Tech University Health Sciences Center;
(3)  the commission, including the state Medicaid office;
(4)  providers of telemedicine medical services and telehealth services hub sites in this state;
(5)  providers of services to children with special health care needs;  and
(6)  representatives of consumer or disability groups affected by changes to services for children with special health care needs.
(d)  This section applies to services for which coverage is provided under the health benefits plan established under Section 35.0031.
Added by Acts 2001, 77th Leg., ch. 959, Sec. 4, eff. June 14, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0114, eff. April 2, 2015.