73R9563 KLL-F
By Delco, Bailey, Turner of Coleman, H.B. No. 2099
Hirschi, Vowell, et al.
Substitute the following for H.B. No. 2099:
By Maxey C.S.H.B. No. 2099
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the Texas Health Care Cost Containment
1-3 Council, to the containment of health care costs, and to ensuring
1-4 the quality of the delivery of health care services; making
1-5 appropriations; and providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1
1-8 SECTION 1.01. As a result of rising health care costs and
1-9 concerns expressed by consumers, businesses, health care providers,
1-10 and payers and as a result of the study completed by the Texas
1-11 Health Policy Task Force, there is an urgent need to abate
1-12 escalating costs and to address the quality of health care delivery
1-13 for all Texans. It is the purpose of this legislation to address
1-14 these concerns.
1-15 ARTICLE 2
1-16 SECTION 2.01. Subtitle E, Title 2, Health and Safety Code,
1-17 is amended by adding Chapter 108 to read as follows:
1-18 CHAPTER 108. TEXAS HEALTH CARE COST CONTAINMENT COUNCIL
1-19 Sec. 108.001. CREATION OF COUNCIL. The Texas Health Care
1-20 Cost Containment Council is created. The council shall report to
1-21 the governor, the legislature, and the public.
1-22 Sec. 108.002. DEFINITIONS. In this chapter:
1-23 (1) "Charge" or "rate" means the amount billed by a
2-1 provider for specific goods or services provided to a patient
2-2 before any adjustment for contractual allowances. The term does
2-3 not include copayment charges to health maintenance organization
2-4 enrollees by providers payed by capitation or salary in a health
2-5 maintenance organization.
2-6 (2) "Council" means the Texas Health Care Cost
2-7 Containment Council.
2-8 (3) "Covered service" means any health care service or
2-9 procedure provided in or by a health care facility, including the
2-10 services of a physician or another licensed provider.
2-11 (4) "Health care facility" means:
2-12 (A) a hospital;
2-13 (B) an ambulatory surgical center licensed under
2-14 Chapter 243;
2-15 (C) a chemical dependency treatment facility
2-16 licensed under Chapter 464;
2-17 (D) a renal dialysis facility;
2-18 (E) a diagnostic imaging center;
2-19 (F) a freestanding radiation therapy center;
2-20 (G) a clinical laboratory;
2-21 (H) a cardiac catheterization laboratory;
2-22 (I) a physical rehabilitation center;
2-23 (J) a lithotripsy center;
2-24 (K) a birthing center;
2-25 (L) a subacute care facility;
3-1 (M) a rural health clinic;
3-2 (N) a federally qualified health center as
3-3 defined by 42 U.S.C. Section 1396d; or
3-4 (O) any other outpatient diagnostic or treatment
3-5 facility, excluding the office of a licensed physician or a
3-6 licensed or certified health care practitioner except as provided
3-7 by Section 108.006(c).
3-8 (5) "Health care insurer" means any person,
3-9 corporation, or other entity that offers administrative, indemnity,
3-10 or payment services in exchange for a premium, fee, or other
3-11 consideration, under a program of health care benefits, including:
3-12 (A) an insurance company, homeowners and auto
3-13 liability insurance, workers' compensation plan, association,
3-14 stipulated premium insurance company, or exchange issuing health
3-15 insurance policies in this state;
3-16 (B) a hospital and medical services corporation;
3-17 (C) a group hospital service corporation;
3-18 (D) a health maintenance organization;
3-19 (E) a fraternal benefit society;
3-20 (F) a beneficial society; or
3-21 (G) a third-party administrator.
3-22 (6) "Health maintenance organization" means an
3-23 organization as defined in Section 2, Texas Health Maintenance
3-24 Organization Act (Article 20A.02, Vernon's Texas Insurance Code).
3-25 (7) "Hospital" means a profit or nonprofit institution
4-1 licensed in this state that is a general or special hospital,
4-2 private mental hospital, chronic disease hospital, or other type of
4-3 hospital.
4-4 (8) "Payment" means a payment that a provider actually
4-5 accepts for services, excluding charity care, rather than the
4-6 charges the provider bills.
4-7 (9) "Payer" means a person, including a health care
4-8 insurer, who makes direct payments to providers for covered
4-9 services, and a corporation, labor organization, or self-insured
4-10 employer who provides covered services for its employees or
4-11 members.
4-12 (10) "Physician" means an individual licensed under
4-13 the laws of this state to practice medicine and surgery under the
4-14 Medical Practice Act (Article 4495b, Vernon's Texas Civil
4-15 Statutes).
4-16 (11) "Provider" means a hospital, a physician, a
4-17 health care facility, or a licensed or certified health care
4-18 practitioner not practicing in a rural area.
4-19 (12) "Provider quality" means the extent to which a
4-20 provider renders care that, within the capabilities of modern
4-21 medicine, obtains for patients medically acceptable health outcomes
4-22 and prognoses, adjusted for patient severity.
4-23 (13) "Data" means data collected by the council under
4-24 Section 108.009 in the form initially received.
4-25 (14) "Rural area" means a county with a population
5-1 density of not greater than 100 persons per square mile as defined
5-2 by the Census Bureau of the United States Department of Commerce.
5-3 (15) "Severity" means the measurable degree of the
5-4 potential for failure of one or more vital organs in a patient.
5-5 (16) "Uniform patient identifier" means a number
5-6 composed of numeric, alpha, or alphanumeric characters that has
5-7 been assigned to identify a patient.
5-8 Sec. 108.003. COMPOSITION; EXPENSES. (a) The council is
5-9 composed of three nonvoting ex-officio state agency members and 15
5-10 voting members appointed by the governor and confirmed by the
5-11 senate as follows:
5-12 (1) the commissioner of health;
5-13 (2) the commissioner of health and human services;
5-14 (3) the commissioner of insurance;
5-15 (4) three representatives of the business community,
5-16 with at least one representing small businesses, who are purchasers
5-17 of health care but who are not involved in the provision of health
5-18 care or health insurance;
5-19 (5) two representatives from labor;
5-20 (6) three consumer representatives who are not
5-21 professionally involved in the purchase or provision of health care
5-22 or health insurance;
5-23 (7) one representative of commercial insurance
5-24 carriers;
5-25 (8) two representatives of health care facilities,
6-1 with at least one representing hospitals;
6-2 (9) one representative of health maintenance
6-3 organizations;
6-4 (10) one representative of physicians; and
6-5 (11) two public members with expertise in:
6-6 (A) health planning;
6-7 (B) health economics;
6-8 (C) quality assurance; or
6-9 (D) statistics or health data management.
6-10 (b) The chairman shall be appointed by the governor and
6-11 serves at the pleasure of the governor. Members annually shall
6-12 elect a vice-chairman.
6-13 (c) A majority of voting members constitutes a quorum for
6-14 the transaction of any business. An act by the majority of the
6-15 voting members present at any meeting at which there is a quorum is
6-16 considered to be an act of the council.
6-17 (d) The council may appoint subcommittees of the council or
6-18 elect any officers subordinate to those provided for in Subsection
6-19 (b) as it considers advisable.
6-20 (e) Members of the council do not receive a salary or per
6-21 diem allowance for serving as members of the council but shall be
6-22 reimbursed for actual and necessary expenses incurred in the
6-23 performance of their duties, which may include reimbursement of
6-24 travel and living expenses while engaged in council business.
6-25 (f) Appointments to the board shall be made without regard
7-1 to the race, color, disability, sex, religion, age, or national
7-2 origin of appointees. Additionally, in making the appointments to
7-3 the council, the governor shall consider geographical
7-4 representation.
7-5 Sec. 108.004. MEETINGS. (a) The council, council
7-6 subcommittees, and technical advisory committees are subject to the
7-7 opening meetings law, Chapter 271, Acts of the 60th Legislature,
7-8 Regular Session, 1967 (Article 6252-17, Vernon's Texas Civil
7-9 Statutes).
7-10 (b) The council shall meet as often as necessary to perform
7-11 its duties under this chapter.
7-12 (c) The council shall publish a notice of its meetings in at
7-13 least four newspapers of general circulation in this state.
7-14 Sec. 108.005. TERMS. (a) The terms of the agency members
7-15 are concurrent with their terms of office. The appointed council
7-16 members serve six-year staggered terms, with the terms of five
7-17 members expiring September 1 of each odd-numbered year.
7-18 (b) An appointed member may not serve more than two full
7-19 consecutive terms.
7-20 (c) A member may be removed by the governor for absence from
7-21 at least half of the scheduled meetings in a year. A member may be
7-22 removed for just cause by the governor after recommendation by a
7-23 vote of at least two-thirds of the council members.
7-24 Sec. 108.006. POWERS AND DUTIES. (a) The council shall:
7-25 (1) adopt rules necessary to carry out its duties
8-1 under this chapter, including rules concerning data collection
8-2 requirements;
8-3 (2) to the extent possible, build on and not duplicate
8-4 other data collection required by law or by board rule;
8-5 (3) assure that information collected on health care
8-6 charges is made available and accessible to interested persons;
8-7 (4) prescribe by rule a format for all providers and
8-8 payers consistent with the National Uniform Billing Committee
8-9 (Uniform Hospital Billing Form UB 82/HCFA 1450 and HCFA-1500, or
8-10 their successor forms), in accordance with Sections 108.009(e) and
8-11 (f);
8-12 (5) adopt by rule and implement a methodology to
8-13 collect and disseminate data reflecting provider quality in
8-14 accordance with Section 108.011;
8-15 (6) make reports to the legislature, the governor, and
8-16 the public on:
8-17 (A) the charges and rate of increase in the
8-18 charges of health care in this state;
8-19 (B) the effectiveness of the council in carrying
8-20 out the legislative intent of this chapter;
8-21 (C) if applicable, any recommendations on the
8-22 need for further health care cost containment legislation; and
8-23 (D) the quality and effectiveness of health care
8-24 and access to health care for all citizens of this state;
8-25 (7) employ an executive director and other staff
9-1 necessary to comply with this chapter and rules adopted under this
9-2 chapter and engage professional consultants as it considers
9-3 necessary to the performance of its duties;
9-4 (8) develop an annual work plan and establish
9-5 priorities to accomplish its duties; and
9-6 (9) if feasible and agreed to by the department, share
9-7 legal and administrative personnel with the department.
9-8 (b) The council may not establish or recommend rates of
9-9 payment for health care services.
9-10 (c) The council may adopt rules clarifying which health care
9-11 facilities must provide data under this chapter and limiting the
9-12 exclusion under Section 108.002(4)(O) based on the size or scope of
9-13 practice.
9-14 (d) The council may not take an action that affects or
9-15 relates to the validity, status, or terms of a department
9-16 interagency agreement or a contract without the department's
9-17 approval.
9-18 (e) In the collection of data, the council shall consider
9-19 the research and initiatives being pursued by the United States
9-20 Department of Health and Human Services and the Joint Commission on
9-21 Accreditation of Healthcare Organizations to reduce potential
9-22 duplication or inconsistencies. The council may not adopt rules
9-23 that would conflict with any federally mandated data collection
9-24 programs or requirements of comparable scope.
9-25 Sec. 108.007. REVIEW POWERS. (a) The council or the
10-1 council's representative, subject to reasonable rules and
10-2 guidelines, may make any inspection of all documents and records
10-3 used by data sources that are required to compile data and reports.
10-4 The council may compel providers to produce accurate documents and
10-5 records.
10-6 (b) Each state agency, department, grantee, political
10-7 subdivision, and institution of higher education shall cooperate
10-8 with the council in performing its assigned duties and function.
10-9 Sec. 108.008. DUTIES OF DEPARTMENT. (a) The department, as
10-10 the state health planning and development agency under Chapter 104,
10-11 is responsible for the collection of data as provided by Chapter
10-12 311.
10-13 (b) The department shall:
10-14 (1) provide administrative assistance to the council
10-15 in accordance with rules adopted by the council and agreed on by
10-16 the department;
10-17 (2) coordinate administrative responsibilities with
10-18 the council to avoid unnecessary duplication of the collection of
10-19 data and other duties;
10-20 (3) give the council access to data collected by the
10-21 department on request of the council;
10-22 (4) submit or assist in the council's budget request
10-23 to the legislature, at the council's request; and
10-24 (5) disburse funds made available to the council at
10-25 the direction of the council.
11-1 (c) The department may:
11-2 (1) apply for and receive on behalf of the council any
11-3 appropriation, donation, or other funds from the state or federal
11-4 government or any other public or private source, subject to
11-5 limitations and conditions provided by legislative appropriation;
11-6 and
11-7 (2) provide the council with other administrative
11-8 services and materials as requested by the council.
11-9 (d) The department may not take an action that affects or
11-10 relates to the validity, status, or terms of a council interagency
11-11 agreement or a contract without the council's approval.
11-12 Sec. 108.009. DATA SUBMISSION AND COLLECTION. (a) The
11-13 council may collect, and providers and payers shall submit to the
11-14 council or another entity as determined by the council, all data
11-15 required by this section according to uniform submission formats,
11-16 coding systems, and other technical specifications necessary to
11-17 make the incoming data substantially valid, consistent, compatible,
11-18 and manageable using electronic data processing, if available.
11-19 (b) A hospital in a rural area may provide the data defined
11-20 by this section.
11-21 (c) The council and the board shall establish a single
11-22 collection point for receipt of data from providers and payers.
11-23 With the approval of the board and the council, the department may
11-24 transfer collection of any data required to be collected by the
11-25 department under any other law. The council and the department
12-1 shall have access to all data collected under this chapter.
12-2 (d) Data submission from providers and payers may not be
12-3 required more frequently than quarterly.
12-4 (e) The council shall accept data in the format developed by
12-5 the National Uniform Billing Committee (Uniform Hospital Billing
12-6 Form UB 82/HCFA 1450 and HCFA-1500, or their successor forms).
12-7 (f) In any rules adopted by the council relating to the
12-8 submission of data, the council shall use existing national
12-9 standardized formats if applicable. The council shall develop by
12-10 rule alternate data submission procedures for entities that do not
12-11 possess electronic data processing capacity.
12-12 (g) The council shall collect data and disseminate reports
12-13 reflecting provider quality in accordance with Section 108.011.
12-14 (h) For each covered service performed, the council shall
12-15 require the collection of a hospital, major ambulatory service, or
12-16 health care facility discharge data record that includes the:
12-17 (1) uniform patient identifier;
12-18 (2) patient's date of birth;
12-19 (3) patient's sex;
12-20 (4) patient's marital status;
12-21 (5) zip code number of the patient's primary
12-22 residence;
12-23 (6) date of admission or visit;
12-24 (7) source of admission or visit;
12-25 (8) type of admission, if applicable;
13-1 (9) date of discharge;
13-2 (10) bill type;
13-3 (11) principal and not more than four secondary
13-4 diagnoses by standard code;
13-5 (12) principal procedure by standard code and date;
13-6 (13) secondary procedures, not exceeding three, by
13-7 standard codes and dates;
13-8 (14) unique health care facility identifier;
13-9 (15) unique identifier of the attending physician, if
13-10 applicable;
13-11 (16) unique identifiers of other physicians;
13-12 (17) unique identifiers of referring and treating
13-13 physicians for outpatient visits;
13-14 (18) total charges of the health care facility,
13-15 segregated into major categories, including room and board,
13-16 radiology, laboratory, operating room, drugs, medical supplies, and
13-17 other goods and services according to guidelines specified by the
13-18 council;
13-19 (19) uniform identifier of the primary payer;
13-20 (20) zip code number of the facility where the health
13-21 care service is rendered;
13-22 (21) Medicaid provider number;
13-23 (22) deductible;
13-24 (23) co-insurance amount;
13-25 (24) uniform identifier for the payer group contract
14-1 number; and
14-2 (25) patient discharge status.
14-3 (i) For each covered service, the council shall collect from
14-4 payers who make payment on a fee-for-service basis payment
14-5 information that includes the:
14-6 (1) uniform identifier of the primary payer;
14-7 (2) uniform identifier of the primary insured or
14-8 subscriber, if different from the patient;
14-9 (3) uniform patient identifier;
14-10 (4) patient's date of birth;
14-11 (5) patient's sex;
14-12 (6) patient's marital status;
14-13 (7) zip code number of the patient's primary
14-14 residence;
14-15 (8) date of admission or visit;
14-16 (9) date of discharge;
14-17 (10) unique health care facility identifier;
14-18 (11) zip code number of the facility where the health
14-19 care service is rendered;
14-20 (12) total charges of the health care facility,
14-21 segregated into major categories, including room and board,
14-22 radiology, laboratory, operating room, drugs, medical supplies, and
14-23 other goods and services according to guidelines specified by the
14-24 council;
14-25 (13) actual payment to the health care facility,
15-1 segregated if available, according to the categories specified by
15-2 Subdivision (12);
15-3 (14) unique identifier of the attending physician;
15-4 (15) unique identifiers of any other physicians;
15-5 (16) unique identifiers of referring and treating
15-6 physicians for outpatient visits;
15-7 (17) charges of each physician or licensed provider
15-8 rendering services related to an admission to a health care
15-9 facility;
15-10 (18) actual payments to each physician or licensed
15-11 provider for services specified by Subdivision (12); and
15-12 (19) deductible, copayment, or coinsurance amounts.
15-13 (j) Except as otherwise provided by law, a provider shall
15-14 submit and the council may collect, in accordance with submission
15-15 dates and schedules established by council rule, additional data
15-16 that can be used by the department to conduct public health
15-17 epidemiologic activities and other data collection, analysis, and
15-18 dissemination activities authorized or mandated under state law if
15-19 the data is not available to the council from public records.
15-20 Sec. 108.010. DATA DISSEMINATION AND PUBLICATION. (a)
15-21 Subject to the restrictions on access to council data established
15-22 under Sections 108.011 and 108.013, and using the data collected
15-23 under Section 108.009 and other data, records, and matters of
15-24 record available to it, the council shall prepare and issue reports
15-25 to the governor, the legislature, and the public as provided by
16-1 this section.
16-2 (b) The council shall, for every provider in this state and
16-3 in appropriate regions and subregions in this state and for those
16-4 inpatient and outpatient services that, when ranked by order of
16-5 frequency, account for at least 75 percent of all covered services
16-6 and that, when ranked by order of total payments, account for at
16-7 least 75 percent of total payments, prepare and issue quarterly
16-8 reports that at least provide:
16-9 (1) comparisons among all providers of payments
16-10 received, charges, population-based admission or incidence rates,
16-11 and provider quality, with the comparisons grouped according to
16-12 diagnosis and severity, and the identity of each provider by name
16-13 and type or specialty;
16-14 (2) comparisons among all providers of inpatient and
16-15 outpatient charges and payments for room and board, ancillary
16-16 services, drugs, equipment and supplies, and total services, with
16-17 the comparisons grouped according to provider quality and according
16-18 to diagnosis and severity, and the identity of each health care
16-19 facility by name and type; and
16-20 (3) the incidence rate of selected medical or surgical
16-21 procedures, the provider quality, and the payments received for
16-22 those providers, identified by the name and type or specialty, for
16-23 which those elements vary significantly from the norms for all
16-24 providers.
16-25 (c) The council shall adopt rules that give providers the
17-1 opportunity to review data from their facility before initial
17-2 public release. The council shall also adopt rules allowing a
17-3 provider to submit comments regarding specific data from the
17-4 provider's facility, except that this subsection does not authorize
17-5 the provider to challenge or interfere with the release of that
17-6 data.
17-7 (d) If provider data is requested from the council for a
17-8 specific facility or provider, the facility or provider shall be
17-9 notified before the release of the data, except that this
17-10 subsection does not authorize the provider to challenge or
17-11 interfere with the release of that data.
17-12 (e) A report issued by the council shall include a
17-13 reasonable review and comment period before public release of the
17-14 report.
17-15 Sec. 108.011. COLLECTION AND DISSEMINATION OF PROVIDER
17-16 QUALITY DATA. (a) The council shall collect data reflecting
17-17 provider quality based on a methodology established through the
17-18 council's rulemaking process. The methodology shall identify and
17-19 measure quality standards and adhere to any federal mandates.
17-20 (b) Within the first 12 months of operation, the council
17-21 shall develop the methodology for the collection of provider
17-22 quality data.
17-23 (c) After collecting provider quality data for one year, the
17-24 council shall report its findings to the appropriate providers and
17-25 allow them to review and comment on the initial quality outcome
18-1 data. After the review and revision process, quality outcome data
18-2 for any subsequent reports shall be published and made available to
18-3 the public.
18-4 (d) Any methodology adopted by the council for measuring
18-5 quality shall include case-mix qualifiers, severity adjustment
18-6 factors, and any other factors necessary to accurately reflect
18-7 provider quality.
18-8 (e) In addition to the requirements of this section, any
18-9 release of provider quality data shall comply with Sections
18-10 108.010(c), (d), and (e).
18-11 Sec. 108.012. DATA REPORTS AND COMPUTER ACCESS TO COUNCIL
18-12 DATA. (a) The council shall provide special reports derived from
18-13 data and a means for computer-to-computer access to its data. All
18-14 reports shall maintain patient confidentiality as provided by
18-15 Section 108.013.
18-16 (b) The council may charge fees for data to offset the costs
18-17 of development and production of the data. Fees collected under
18-18 this section shall be deposited in the designated account in the
18-19 general revenue fund created in Section 108.016.
18-20 Sec. 108.013. CONFIDENTIALITY AND GENERAL ACCESS TO COUNCIL
18-21 DATA. (a) The information and data received by the council shall
18-22 be used by the council for the benefit of the public. Subject to
18-23 specific limitations established by council rule, the council shall
18-24 make determinations on requests for information in favor of access.
18-25 (b) Unless specifically authorized by this chapter, the
19-1 council may not release and a person or entity may not gain access
19-2 to any data:
19-3 (1) of the council that could reasonably be expected
19-4 to reveal the identity of any payer, other than a payer requesting
19-5 data concerning its own group or an entity entitled to that payer's
19-6 data;
19-7 (2) of the council relating to actual payments to any
19-8 identified provider made by any payer other than a payer requesting
19-9 data on the group for which it purchases or otherwise provides
19-10 covered services or an entity entitled to that payer's data;
19-11 (3) disclosing discounts or differentials between
19-12 payments accepted by providers for services and their billed
19-13 charges obtained by identified payers from identified providers
19-14 unless comparable data on all other payers is also released and the
19-15 council determines that the release of that information is not
19-16 prejudicial or inequitable to any individual payer or provider or
19-17 group, considering the fact that the council is primarily concerned
19-18 with the analysis and dissemination of payments to providers and
19-19 not with discounts; or
19-20 (4) that reveals the zip code number of a patient's
19-21 primary residence.
19-22 (c) All data collected and used by the department and the
19-23 council under this chapter are subject to the confidentiality
19-24 provisions and criminal penalties of Section 311.037, to Section
19-25 81.103, and to Section 5.08, Medical Practice Act (Article 4495b,
20-1 Vernon's Texas Civil Statutes).
20-2 (d) Information on patients and any compilations, reports,
20-3 or analyses produced from the information collected that identify
20-4 patients are not subject to discovery, subpoena, or other means of
20-5 legal compulsion for release to any person or entity except as
20-6 provided by this section, and are not admissible in any civil,
20-7 administrative, or criminal proceeding as provided by Rule 501,
20-8 Texas Rules of Civil Evidence, and Rule 502, Texas Rules of
20-9 Criminal Evidence.
20-10 Sec. 108.014. CIVIL PENALTY. (a) A person who knowingly or
20-11 negligently releases council data in violation of this chapter is
20-12 liable for a civil penalty of not more than $10,000.
20-13 (b) A person who fails to supply data under Section 108.009
20-14 is liable for a civil penalty of not less than $1,000 or more than
20-15 $10,000 for each act of violation.
20-16 (c) The attorney general, at the request of the council,
20-17 shall enforce this chapter.
20-18 Sec. 108.015. TECHNICAL ADVISORY COMMITTEES. The council
20-19 shall appoint technical advisory committees to assist in meeting
20-20 the goals and objectives of this chapter.
20-21 Sec. 108.016. APPROPRIATIONS; DESIGNATED ACCOUNT. (a) The
20-22 council may receive legislative appropriations only from fees
20-23 collected under this chapter or grants or contributions of money
20-24 from any public or private source for the sole purpose of
20-25 performing its duties under this chapter. The council may also
21-1 accept gifts of equipment.
21-2 (b) A designated account is in the general revenue fund for
21-3 all grants and contributions of money to the council and all fees
21-4 collected by the council. Designated account funds shall be
21-5 carried over from fiscal year to fiscal year and from biennium to
21-6 biennium.
21-7 ARTICLE 3
21-8 SECTION 3.01. (a) For the fiscal year ending August 31,
21-9 1994, the sum of $2 million is appropriated from the designated
21-10 account in the general revenue fund to the Texas Health Care Cost
21-11 Containment Council to carry out its duties under Chapter 108,
21-12 Health and Safety Code, as added by this Act. Available funds from
21-13 the designated account or other grants, contributions of money, or
21-14 fees collected by the council over $2 million are also appropriated
21-15 to the council.
21-16 (b) For the fiscal year ending August 31, 1995, the sum of
21-17 $2 million is appropriated from the designated account in the
21-18 general revenue fund to the Texas Health Care Cost Containment
21-19 Council to carry out its duties under Chapter 108, Health and
21-20 Safety Code, as added by this Act. Available funds from the
21-21 designated account or other grants, contributions of money, or fees
21-22 collected by the council over $2 million are also appropriated to
21-23 the council.
21-24 (c) The Texas Health Care Cost Containment Council shall
21-25 begin operations when the designated account created by Section
22-1 108.016, Health and Safety Code, as added by this Act, contains a
22-2 cash balance equal to $1.6 million and those funds are available to
22-3 the council.
22-4 SECTION 3.02. (a) The governor shall make appointments to
22-5 the Texas Health Care Cost Containment Council as soon as
22-6 practicable after the effective date of this Act.
22-7 (b) The governor shall make the initial appointments to the
22-8 Texas Health Care Cost Containment Council as follows:
22-9 (1) one representative of business, one consumer
22-10 representative, one representative of health care facilities, one
22-11 representative of physicians, and one public member serve terms
22-12 expiring September 1, 1995;
22-13 (2) one representative from labor, one representative
22-14 of business, one consumer representative, the representative of
22-15 commercial insurance carriers, and the representative of a health
22-16 maintenance organization serve terms expiring September 1, 1997;
22-17 and
22-18 (3) one representative from labor, one representative
22-19 of business, one consumer representative, one representative of
22-20 health care facilities, and one public member serve terms expiring
22-21 September 1, 1999.
22-22 SECTION 3.03. This Act takes effect September 1, 1993.
22-23 SECTION 3.04. The importance of this legislation and the
22-24 crowded condition of the calendars in both houses create an
22-25 emergency and an imperative public necessity that the
23-1 constitutional rule requiring bills to be read on three several
23-2 days in each house be suspended, and this rule is hereby suspended.