HB3940 - Relating to the provision of certain information about Medicaid benefits in relation to newborn children.

      H.B. No. 3940         AN ACT   relating to the provision of certain information about Medicaid   benefits in relation to newborn children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 32, Human Resources Code,   is amended by adding Section 32.0631 to read as follows:           Sec.   32.0631.     ANNUAL NOTICE TO CERTAIN PROVIDERS REGARDING   USE OF MEDICAID IDENTIFICATION NUMBERS WITH RESPECT TO NEWBORN   CHILDREN. The commission shall annually provide written notice to   each managed care organization and health care provider, including   hospitals and other health care facilities participating in   Medicaid that regularly provide health care services to medical   assistance recipients who are pregnant women or newborn children:                 (1)     reminding the organizations and providers that   when a newborn child of a recipient has not been assigned a Medicaid   identification number, the provider may accept or use the   recipient's Medicaid identification number on any claim for   reimbursement under Medicaid; and                   (2)     encouraging organizations and providers to   educate recipients who are mothers or the prospective mothers of   newborn children that the recipient may use the recipient's   Medicaid identification number until the recipient's newborn child   is enrolled in Medicaid.          SECTION 2.  Section 161.501(a), Health and Safety Code, is   amended to read as follows:          (a)  A hospital, birthing center, physician, nurse midwife,   or midwife who provides prenatal care to a pregnant woman during   gestation or at delivery of an infant shall:                (1)  provide the woman and the father of the infant, if   possible, or another adult caregiver for the infant, with a   resource pamphlet that includes:                      (A)  a list of the names, addresses, and phone   numbers of professional organizations that provide postpartum   counseling and assistance to parents relating to postpartum   depression and other emotional trauma associated with pregnancy and   parenting;                      (B)  information regarding the prevention of   shaken baby syndrome including:                            (i)  techniques for coping with anger caused   by a crying baby;                            (ii)  different methods for preventing a   person from shaking a newborn, infant, or other young child;                            (iii)  the dangerous effects of shaking a   newborn, infant, or other young child; and                            (iv)  the symptoms of shaken baby syndrome   and who to contact, as recommended by the American Academy of   Pediatrics, if a parent suspects or knows that a baby has been   shaken in order to receive prompt medical treatment;                      (C)  a list of diseases for which a child is   required by state law to be immunized and the appropriate schedule   for the administration of those immunizations;                      (D)  the appropriate schedule for follow-up   procedures for newborn screening;                      (E)  information regarding sudden infant death   syndrome, including current recommendations for infant sleeping   conditions to lower the risk of sudden infant death syndrome;                      (F)  educational information in both English and   Spanish on:                            (i)  pertussis disease and the availability   of a vaccine to protect against pertussis, including information on   the Centers for Disease Control and Prevention recommendation that   parents receive Tdap during the postpartum period to protect   newborns from the transmission of pertussis; and                            (ii)  the incidence of cytomegalovirus,   birth defects caused by congenital cytomegalovirus, and available   resources for the family of an infant born with congenital   cytomegalovirus; [ and ]                      (G)  the danger of heatstroke for a child left   unattended in a motor vehicle; and                       (H)     information about Medicaid benefits for   children, including eligibility requirements and the process for   applying for those benefits;                (2)  if the woman is a recipient of medical assistance   under Chapter 32, Human Resources Code, provide the woman and the   father of the infant, if possible, or another adult caregiver with :                       (A)   a resource guide that includes information in   both English and Spanish relating to the development, health, and   safety of a child from birth until age five, including information   relating to:                             (i)  [ (A) ]  selecting and interacting with a   primary health care practitioner and establishing a "medical home"   for the child;                             (ii)  [ (B) ]  dental care;                             (iii)  [ (C) ]  effective parenting;                             (iv)  [ (D) ]  child safety;                             (v)  [ (E) ]  the importance of reading to a   child;                             (vi)  [ (F) ]  expected developmental   milestones;                             (vii)  [ (G) ]  health care resources   available in the state;                             (viii)  [ (H) ]  selecting appropriate child   care; [ and ]                             (ix)  [ (I) ]  other resources available in the   state; and                             (x)     how to contact the commission to report   the child's birth for the purpose of enrolling the newborn child in   Medicaid; and                       (B)     a written notice developed by the commission   informing the woman, father, or other caregiver that the newborn   child is automatically eligible for Medicaid and that the woman's   Medicaid identification number may be used on reimbursement claims   for services provided to the woman's newborn child until the child   is enrolled in Medicaid and assigned a separate Medicaid   identification number;                (3)  document in the woman's record that the woman   received the resource pamphlet described in Subdivision (1) and the   resource guide and notice  described in Subdivision (2), if   applicable; and                (4)  retain the documentation for at least five years   in the hospital's, birthing center's, physician's, nurse midwife's,   or midwife's records.          SECTION 3.  (a) Not later than December 1, 2025:                (1)  the Department of State Health Services shall   include the information required by Sections 161.501(a)(1)(H) and   (a)(2)(A)(x), Health and Safety Code, as added by this Act, in the   informational materials required by that section; and                (2)  the Health and Human Services Commission shall   develop the notice required by Section 161.501(a)(2)(B), Health and   Safety Code, as added by this Act.          (b)  Notwithstanding Section 161.501(a), Health and Safety   Code, as amended by this Act, a hospital, birthing center,   physician, nurse midwife, or midwife who provides prenatal care to   a pregnant woman during gestation or at delivery of an infant is not   required to comply with that provision until January 1, 2026.          SECTION 4.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 3940 was passed by the House on May   12, 2025, by the following vote:  Yeas 116, Nays 29, 2 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 3940 was passed by the Senate on May   26, 2025, by the following vote:  Yeas 31, Nays 0.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor