By Clemons H.B. No. 2324
74R1774 DLF-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of the emergency medical services and
1-3 trauma care systems development fund.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 773.111, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 773.111. LEGISLATIVE FINDINGS. (a) The legislature
1-8 finds that death caused by injury is the leading cause of death for
1-9 persons one through 44 years of age, and the third overall cause of
1-10 death for all ages. Motor vehicle accidents account for more than
1-11 half of all statewide trauma deaths, and more than half of those
1-12 deaths occur on rural highways. Effective emergency medical
1-13 services response and resuscitation systems, medical care systems,
1-14 and medical facilities reduce the occurrence of unnecessary
1-15 mortality.
1-16 (b) It is estimated that the direct costs of uncompensated
1-17 trauma care in this state for prehospital, hospital, and
1-18 rehabilitation services exceed $213 million annually. <It is
1-19 estimated that trauma costs more than $63 million a day nationally,
1-20 which includes lost wages, medical expenses, and indirect costs.
1-21 Proportionately, this cost to Texas would be more than $4 million a
1-22 day.> Many hospitals provide emergency medical care to patients
1-23 who are unable to pay for catastrophic injuries directly or through
1-24 an insurance or entitlement program.
2-1 (c) In order to improve the health of the people of the
2-2 state, it is necessary to improve the quality of emergency and
2-3 medical care to the people of Texas who are victims of
2-4 <unintentional,> life-threatening injuries by encouraging hospitals
2-5 to provide trauma care and increasing the availability of emergency
2-6 medical services through the development of comprehensive and
2-7 coordinated emergency medical services and trauma care systems,
2-8 including the designation of qualified hospitals as trauma
2-9 facilities. To encourage the development and maintenance of
2-10 comprehensive and coordinated emergency medical services and trauma
2-11 care systems across the state, it is necessary for the state to
2-12 establish a special fund to support emergency medical services and
2-13 trauma care systems.
2-14 SECTION 2. Subchapter E, Chapter 773, Health and Safety
2-15 Code, is amended by adding Sections 773.121-773.124 to read as
2-16 follows:
2-17 Sec. 773.121. FUND ESTABLISHED. (a) The emergency medical
2-18 services and trauma care systems development fund is created in the
2-19 state treasury.
2-20 (b) The fund is composed of money deposited to the credit of
2-21 the fund under Section 19, Chapter 173, Acts of the 47th
2-22 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
2-23 Civil Statutes).
2-24 (c) Money in the fund may be appropriated only to the
2-25 department for the purposes of this subchapter.
2-26 (d) Sections 403.094 and 403.095, Government Code, do not
2-27 apply to the fund.
3-1 Sec. 773.122. PAYMENTS FROM FUND. (a) In accordance with
3-2 the criteria established under Section 773.123, the department
3-3 shall authorize payment from the emergency medical services and
3-4 trauma care systems development fund only to:
3-5 (1) compensate emergency medical services and trauma
3-6 care systems, facilities, and health care providers who provide
3-7 uncompensated care, including rehabilitative services, to eligible
3-8 individuals;
3-9 (2) assist in the development of emergency medical
3-10 services and trauma care systems;
3-11 (3) assist in the funding of programs educating or
3-12 training medical professionals and support personnel involved in
3-13 the delivery of emergency medical services and trauma care;
3-14 (4) assist in the funding of programs to educate the
3-15 public regarding emergency medical services and trauma care systems
3-16 and the prevention of trauma;
3-17 (5) compensate for the administrative costs of
3-18 providing the services described by Subdivisions (1)-(4); and
3-19 (6) pay the cost of administering this subchapter.
3-20 (b) The total costs paid from the fund under Subsections
3-21 (a)(5) and (6) may not exceed five percent of the money available
3-22 from the fund in a fiscal year.
3-23 (c) Payments shall be made to each qualified recipient who
3-24 is a participant in an emergency medical services and trauma care
3-25 system based on a proportionate share of the recipient's
3-26 uncompensated cost for each eligible individual treated.
3-27 Sec. 773.123. ELIGIBILITY CRITERIA; PAYMENT LIMITS. (a) To
4-1 administer the emergency medical services and trauma care systems
4-2 development fund, the board by rule shall establish:
4-3 (1) criteria for the eligibility of individuals with
4-4 respect to whom payments may be made, using comprehensive case
4-5 management;
4-6 (2) upper and lower limits for payments;
4-7 (3) standards for the administration and payment of
4-8 money from the fund; and
4-9 (4) methods to adjust payments so that the total
4-10 amount of payments made in each fiscal year does not exceed the
4-11 amount available in the fund for that fiscal year.
4-12 (b) In adopting rules under this section, the board shall
4-13 consider:
4-14 (1) the need of a geographic area for the provision of
4-15 emergency medical services and trauma care through a comprehensive
4-16 system and the extent to which money from the fund would meet the
4-17 identified need;
4-18 (2) the existence or developmental stage of an
4-19 emergency medical services and trauma care system;
4-20 (3) the availability of professional and support
4-21 personnel and training programs;
4-22 (4) the degree to which a prospective recipient of a
4-23 payment has provided uncompensated emergency medical services and
4-24 trauma care services;
4-25 (5) the requirements of federal law for federal
4-26 assistance for emergency medical services and trauma care systems,
4-27 including 42 U.S.C. Section 300d, et seq.; and
5-1 (6) the goal of providing the highest quality
5-2 emergency medical services and trauma care services.
5-3 (c) The criteria adopted by the board may not authorize the
5-4 payment of funds under this section for the purchase, rental, or
5-5 other acquisition of equipment involved in the delivery of
5-6 emergency medical services or trauma care unless the purchase,
5-7 rental, or other acquisition is specifically approved by the board.
5-8 Sec. 773.124. USE OF GENERAL REVENUE PROHIBITED. (a) The
5-9 department may not authorize payments from the emergency medical
5-10 services and trauma care systems development fund in amounts that
5-11 exceed the amount of money available in the fund.
5-12 (b) Money in the general revenue fund may not be used for
5-13 payments under Section 773.122.
5-14 SECTION 3. Section 15(b), Chapter 173, Acts of the 47th
5-15 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
5-16 Civil Statutes), is amended to read as follows:
5-17 (b) Except as provided by Section 19(d) of this Act, all
5-18 <All> fees and charges required by this Act and remitted to the
5-19 Department shall be deposited in the General Revenue Fund.
5-20 SECTION 4. Section 19, Chapter 173, Acts of the 47th
5-21 Legislature, Regular Session, 1941 (Article 6687b, Vernon's Texas
5-22 Civil Statutes), as amended by Section 6, Chapter 821, Acts of the
5-23 71st Legislature, Regular Session, 1989, and Section 1, Chapter
5-24 842, Acts of the 71st Legislature, Regular Session, 1989, is
5-25 reenacted and amended to read as follows:
5-26 Sec. 19. (a) The fees as provided for in this Act shall be
5-27 as follows:
6-1 (1) All Classes of Licenses--originals and renewals
6-2 issued for four (4) years, Seventeen Dollars ($17.00) <Sixteen
6-3 Dollars ($16.00)>, except as provided for in Subdivision (2) of
6-4 this subsection;
6-5 (2) Class M License--originals issued for four (4)
6-6 years, Seventeen Dollars ($17.00) <Sixteen Dollars ($16.00)>;
6-7 renewals issued for four (4) years, Twenty-two Dollars ($22.00)
6-8 <Twenty-one Dollars ($21.00)>;
6-9 (3) Provisional and Instruction (Learner's) License--
6-10 issued for one year or less, Six Dollars ($6.00) <Five Dollars
6-11 ($5.00)>;
6-12 (4) Occupational License--Eleven Dollars ($11.00) <Ten
6-13 Dollars ($10.00)> for one (1) year.
6-14 (b) An applicant who is changing from a lower to a higher
6-15 class license or adding a class of vehicle to the license shall pay
6-16 a fee of Eleven Dollars ($11.00) <Ten Dollars ($10.00)> for the
6-17 examination.
6-18 (c) Five Dollars ($5.00) of each Class M license renewal fee
6-19 shall be deposited in the motorcycle education fund in the state
6-20 treasury.
6-21 (d) One dollar of each fee collected and remitted to the
6-22 Department under this section shall be forwarded to the comptroller
6-23 of public accounts for deposit to the credit of the emergency
6-24 medical services and trauma care systems development fund
6-25 established by Subchapter E, Chapter 773, Health and Safety Code.
6-26 SECTION 5. (a) The Texas Department of Health may not
6-27 authorize the payment of more than 20 percent of the funds
7-1 available from the emergency medical services and trauma care
7-2 systems development fund in any state fiscal year for a purpose
7-3 other than the purpose specified by Section 773.122(a)(1), Health
7-4 and Safety Code, as added by this Act.
7-5 (b) The Texas Department of Health may use any portion of
7-6 the emergency medical services and trauma care systems development
7-7 fund not used for the purpose specified by Section 773.122(a)(1),
7-8 Health and Safety Code, as added by this Act, to fund the grant
7-9 program authorized by Section 773.119, Health and Safety Code.
7-10 (c) This section expires August 31, 1998.
7-11 SECTION 6. This Act takes effect September 1, 1995.
7-12 SECTION 7. The importance of this legislation and the
7-13 crowded condition of the calendars in both houses create an
7-14 emergency and an imperative public necessity that the
7-15 constitutional rule requiring bills to be read on three several
7-16 days in each house be suspended, and this rule is hereby suspended.