By Maxey, Dukes H.B. No. 866
74R2328 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public school health clinics.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle C, Title 4, Health and Safety Code, is
1-5 amended by adding Chapter 266 to read as follows:
1-6 CHAPTER 266. PUBLIC SCHOOL HEALTH CLINICS
1-7 Sec. 266.001. DEFINITIONS. In this chapter:
1-8 (1) "Department" means the Texas Department of Health.
1-9 (2) "School health clinic" means a health clinic on a
1-10 school campus or a health clinic or hospital in the community in
1-11 which a school is located that serves the school's students.
1-12 Sec. 266.002. DUTY OF DEPARTMENT TO SELECT SCHOOL DISTRICTS.
1-13 The department shall select at least 17 eligible school districts
1-14 to which to award a grant for the district to use in establishing a
1-15 school health clinic based on the availability of funds.
1-16 Sec. 266.003. DUTY OF SCHOOL DISTRICT TO ESTABLISH CLINIC.
1-17 A school district shall establish a school health clinic if the
1-18 district receives a grant for that purpose from the department.
1-19 Sec. 266.004. SCHOOL DISTRICT ELIGIBILITY. To be eligible
1-20 for a grant under this chapter, a school district must demonstrate
1-21 to the department that the district has:
1-22 (1) entered into an agreement with a community-based
1-23 health service agency under which the agency will provide at least
1-24 25 percent of the revenue to operate a school health clinic for
2-1 each year funding is provided under the grant;
2-2 (2) received a commitment from one or more sources, in
2-3 addition to the department, to provide $125,000 in funds or
2-4 services or other in-kind contributions for a school health clinic
2-5 during the first year funding is provided under the grant;
2-6 (3) provided for access to a billing system approved
2-7 by the department or has arranged for a local health provider, such
2-8 as a local health office, private physician, or hospital system, to
2-9 provide billing services for the school health clinic; and
2-10 (4) established a projection of school health clinic
2-11 costs and revenues.
2-12 Sec. 266.005. PREFERENCE IN SELECTION. (a) In selecting
2-13 the school districts to which to award a grant under this section,
2-14 the department shall give preference to districts in which at least
2-15 60 percent of district students qualify for the federal program of
2-16 free or reduced-price school lunches. The Central Education Agency
2-17 shall provide the department with a list of those districts.
2-18 (b) In addition to the preference required under Subsection
2-19 (a), the department also shall give preference to districts that
2-20 can demonstrate the ability to establish a school health clinic in
2-21 a short period.
2-22 Sec. 266.006. FUNDING UNDER GRANT. (a) The department
2-23 shall provide funding to a school district selected for a grant
2-24 under this section for a period of two years.
2-25 (b) During the first year of a grant, the department may not
2-26 award a district more than $100,000.
2-27 (c) During the second year of a grant, the department may
3-1 not award a district more than $50,000.
3-2 Sec. 266.007. IMPLEMENTATION. In implementing this chapter,
3-3 the department shall:
3-4 (1) provide each school district that applies for a
3-5 grant for a school health clinic with a list of at least four
3-6 billing system vendors approved by the department; and
3-7 (2) contract with an institution of higher education
3-8 to:
3-9 (A) develop a process for a school district to
3-10 use in establishing a school health clinic that clearly establishes
3-11 facility, staffing, and equipment requirements and potential
3-12 resources to satisfy those requirements; and
3-13 (B) provide technical assistance in the school
3-14 district to a district awarded a grant or interested in
3-15 establishing a school health clinic, especially a district in which
3-16 at least 60 percent of students qualify for the federal program of
3-17 free or reduced-price school lunches.
3-18 Sec. 266.008. AGREEMENT WITH TEXAS DEPARTMENT OF HUMAN
3-19 SERVICES. (a) The department shall enter into an interagency
3-20 agreement with the Texas Department of Human Services to amend the
3-21 eligibility requirements of the state's emergency assistance plan
3-22 under Title IV-A, Social Security Act (42 U.S.C. Section 601 et
3-23 seq.), to include eligible services provided by school health
3-24 clinics.
3-25 (b) The Texas Department of Human Services shall apply for
3-26 funds under Title IV-A, Social Security Act (42 U.S.C. Section 601
3-27 et seq.), to be used to supplement other financial support for
4-1 school health clinics.
4-2 SECTION 2. The heading to Subtitle C, Title 4, Health and
4-3 Safety Code, is amended to read as follows:
4-4 SUBTITLE C. LOCAL HOSPITALS AND CLINICS
4-5 SECTION 3. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended,
4-10 and that this Act take effect and be in force from and after its
4-11 passage, and it is so enacted.
4-12 COMMITTEE AMENDMENT NO. 1
4-13 Amend H.B. No. 866 by adding (3) to Section 266.007 on page
4-14 3, line 18 to read:
4-15 (3) the department shall, after deducting their
4-16 administrative fee, withhold a portion of federal funds resulting
4-17 from Medicaid administrative matching by the school districts for
4-18 the purpose of funding school-based clinics as provided for in this
4-19 legislation.
4-20 Maxey