By:  Carriker                                         S.B. No. 1108
       73R3834 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to providing incentives for certain health care
    1-3  professionals to provide certain charity care services.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subtitle C, Title 2, Health and Safety Code, is
    1-6  amended by adding Chapter 62 to read as follows:
    1-7              CHAPTER 62.  CHARITY CARE INCENTIVE PROGRAM
    1-8        Sec. 62.001.  DEFINITION.  In this chapter:
    1-9              (1)  "Health care provider" means a person who provides
   1-10  health care services under license, certification, or registration
   1-11  required by law.
   1-12              (2)  "Program" means the charity care incentive program
   1-13  established under this chapter.
   1-14        Sec. 62.002.  CHARITY CARE INCENTIVE PROGRAM.  The department
   1-15  shall establish a charity care incentive program in accordance with
   1-16  this chapter to provide incentives for health care providers to
   1-17  provide charity care in this state.
   1-18        Sec. 62.003.  MALPRACTICE PREMIUM SUBSIDY.  The program shall
   1-19  grant money to health care providers who participate in the program
   1-20  to subsidize the cost of the provider's professional malpractice
   1-21  insurance.
   1-22        Sec. 62.004.  PROGRAM FEATURES.  (a)  The board by rule shall
   1-23  establish:
   1-24              (1)  program goals and objectives;
    2-1              (2)  participation criteria for health care providers,
    2-2  including:
    2-3                    (A)  the categories of health care providers that
    2-4  may participate; and
    2-5                    (B)  the type and amount of charity care required
    2-6  of participating providers; and
    2-7              (3)  the amount of subsidies to be provided under the
    2-8  program.
    2-9        (b)  Rules adopted under Subsection (a) must be designed to
   2-10  encourage the provision of the charity care in areas of practice
   2-11  and geographical areas of the state in which it is most needed, as
   2-12  determined by the board.
   2-13        Sec. 62.005.  PROGRAM EVALUATION.  The Health and Human
   2-14  Services Commission shall monitor the program.  Not later than
   2-15  February 1 of each odd-numbered year, the commission shall submit a
   2-16  report to the presiding officer of each house of the legislature
   2-17  evaluating the effectiveness of the program and recommending
   2-18  changes necessary to improve the program.
   2-19        SECTION 2.  (a)  Chapter 110, Civil Practice and Remedies
   2-20  Code, is repealed.
   2-21        (b)  Article 5.15-4, Insurance Code, is repealed.
   2-22        SECTION 3.  (a)  The repeal of Chapter 110, Civil Practice
   2-23  and Remedies Code, under Section 2(a) of this Act does not affect
   2-24  indemnification for a medical malpractice claim for which notice to
   2-25  the attorney general is provided under Section 110.005, Civil
   2-26  Practice and Remedies Code, before September 1, 1993.
   2-27  Indemnification for a medical malpractice claim for which notice to
    3-1  the attorney general is provided under Section 110.005, Civil
    3-2  Practice and Remedies Code, before September 1, 1993, is governed
    3-3  by the law in effect immediately before the effective date of this
    3-4  Act, and that law is continued in effect for that purpose.
    3-5        (b)  The repeal of Article 5.15-4, Insurance Code, under
    3-6  Section 2(b) of this Act applies only to an insurance policy that
    3-7  is delivered, issued for delivery, or renewed on or after September
    3-8  1, 1993.  A policy that is delivered, issued for delivery, or
    3-9  renewed before September 1, 1993, is governed by the law as it
   3-10  existed immediately before the effective date of this Act, and that
   3-11  law is continued in effect for that purpose.
   3-12        (c)  The department shall establish the charity care
   3-13  incentive program in accordance with Chapter 62, Health and Safety
   3-14  Code, as added by this Act, not later than September 1, 1993.
   3-15        SECTION 4.  The importance of this legislation and the
   3-16  crowded condition of the calendars in both houses create an
   3-17  emergency and an imperative public necessity that the
   3-18  constitutional rule requiring bills to be read on three several
   3-19  days in each house be suspended, and this rule is hereby suspended,
   3-20  and that this Act take effect and be in force from and after its
   3-21  passage, and it is so enacted.