By: Henderson S.B. No. 192
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the administration, management and responsibilities of
1-2 the University of Texas M. D. Anderson Cancer Center.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 73, Subchapter C, Education Code, is
1-5 amended by amending Sections 73.106 and 73.108 and adding Sections
1-6 73.112 to 73.115 to read as follows:
1-7 Sec. 73.106. PATIENTS. This <Except to the extent of any
1-8 conflict with this> subchapter<, the provisions of Chapter 152,
1-9 Acts of the 45th Legislature, Regular Session, 1937, as amended
1-10 (Article 3196a, Vernon's Texas Civil Statutes),> shall govern the
1-11 admission of patients to the institution <and its substations>, the
1-12 support of patients, and other matters relating to patients.
1-13 Sec. 73.108. APPLICATION. (a) Admission is subject to the
1-14 written application of the patient, the guardian of the patient, or
1-15 some friend or relative of the patient.
1-16 (b) The written application shall be on forms prescribed by
1-17 the president and shall include:
1-18 (1) the patient's name, age, sex, and national origin;
1-19 (2) the patient's residence address or addresses for
1-20 at least the two-year period preceding the date of the application;
1-21 (3) the patient's occupation, trade, profession, or
1-22 employment;
1-23 (4) the names and addresses of the patient's parents,
2-1 children, brothers, sisters, and other responsible relatives, if
2-2 any;
2-3 (5) the names, addresses, and ages of any relatives
2-4 who are or who may have been similarly afflicted;
2-5 (6) a complete statement of the location, description,
2-6 and value of any real or personal property owned, possessed, or
2-7 held by the patient or his guardian;
2-8 (7) the name of each person legally liable for the
2-9 support of the patient and a statement of the location,
2-10 description, and value of any real or personal property owned,
2-11 possessed, or held by that person; and
2-12 (8) any other information or statements that may be
2-13 required by the president.
2-14 (c) Each application may <shall> be accompanied by a written
2-15 request for the patient's admission by his attending physician
2-16 which includes:
2-17 (1) a statement that he has adequately examined the
2-18 patient and that the patient has, or is suspected of having, a
2-19 neoplasm or allied disease;
2-20 (2) a statement indicating the duration of the
2-21 disease, if known, and indicating any accompanying bodily disorder
2-22 or disorders the patient may have at the time of the application;
2-23 and
2-24 (3) any other information that may be required by the
2-25 president.
3-1 Sec. 73.112. TREATMENT OF INDIGENT PATIENTS. (a) The
3-2 responsibility of the institution to provide treatment to patients
3-3 determined to be indigent under the provisions of Section 552.012,
3-4 Government Code, shall be as provided for in this section.
3-5 (b) The legislature shall state within each general
3-6 appropriations act the amount provided in each fiscal year to the
3-7 institution for the treatment of indigent patients. If the total
3-8 amount of treatment provided by the institution in any state fiscal
3-9 year to indigent patients is less than the amount appropriated for
3-10 this purpose, the institution may use the remaining funds for
3-11 research and education if approved by the Legislative Budget Board
3-12 or authorized in the general appropriations act.
3-13 (c) The institution shall not provide treatment to indigent
3-14 patients as described in this section in any state fiscal year in a
3-15 total amount that exceeds the amount appropriated by the
3-16 legislature for that purpose except as otherwise allowed by this
3-17 section.
3-18 (d) By May 1 of each year, the president shall adopt a
3-19 formula that fairly and equitably allocates to each county in this
3-20 state the amount of indigent patient treatment to be provided by
3-21 the institution to residents of the county for the state fiscal
3-22 year beginning on September 1 of that year. In devising the
3-23 formula, the president shall take into account all relevant
3-24 factors, including but not limited to:
3-25 (1) amount appropriated to the institution for
4-1 treatment of indigent patients;
4-2 (2) total population of the state and each county
4-3 according to estimates provided by the office of the comptroller;
4-4 (3) percentage of total residents of the state and
4-5 each county living below the federal poverty line as determined by
4-6 the Department of Health and Human Services; and,
4-7 (4) number of indigent patients from each county
4-8 referred to the institution in past years and total amount of
4-9 indigent treatment provided by the institution to residents of each
4-10 county in past years.
4-11 (e) Except as otherwise provided by this section, each
4-12 county shall be liable to the institution for the amount of
4-13 indigent patient treatment provided to residents of the county in
4-14 each state fiscal year that exceeds the amount of indigent patient
4-15 treatment allocable to the county in that state fiscal year under
4-16 the formula adopted by the president.
4-17 (f) The institution and each county in this state are
4-18 authorized to enter into contracts for the provision of indigent
4-19 patient treatment by the institution to residents of each county.
4-20 If a county enters into such a contract with the institution, the
4-21 liability of the county to the institution for the provision of
4-22 indigent patient treatment to residents of the county shall be as
4-23 provided for in the contract.
4-24 (g) The president shall waive all liability of a county
4-25 under this section if the institution provides indigent patient
5-1 treatment to fewer than five residents of the county in any state
5-2 fiscal year.
5-3 (h) The institution shall use the Medicare cost-to-charge
5-4 ratio in determining the amount of treatment provided to indigent
5-5 patients described in this section.
5-6 (i) The president shall adopt all necessary or desirable
5-7 rules and regulations to implement this section.
5-8 Sec. 73.113. FINANCIAL RESPONSIBILITY. In addition to other
5-9 responsibilities provided for in this code or other law, the
5-10 institution has the specific responsibility and authority to
5-11 increase institutional funds and to maintain a sufficient patient
5-12 base to fund and achieve the mission and strategic plan of the
5-13 institution and protect the investment of the state in the
5-14 development of the institution.
5-15 Sec. 73.114. INCENTIVE RETIREMENT PLANS. (a) The
5-16 institution may offer incentive retirement plans to employees of
5-17 the institution who elect to retire under other state law.
5-18 (b) Any incentives offered to an employee by the institution
5-19 must be paid from institutional funds.
5-20 (c) Any institutional plan providing for incentive
5-21 retirement plans must be filed with the Legislative Budget Board at
5-22 least sixty days before the plan is implemented.
5-23 (d) Employees receiving retirement incentives under this
5-24 section may not be rehired by the institution unless specifically
5-25 approved by the president.
6-1 (e) An incentive retirement plan adopted under this section
6-2 shall comply with all applicative federal laws and regulations.
6-3 (f) As used in this section, "institutional funds" means all
6-4 of those funds described in Section 51.009, Education Code and
6-5 specifically includes hospital and clinic fees.
6-6 Sec. 73.115. ACQUISITION OF GOODS AND SERVICES. (a) This
6-7 section applies to the acquisition of goods and services by the
6-8 institution.
6-9 (b) The institution may acquire goods or services by any
6-10 method that provides the best value to them, including but not
6-11 limited to competitive bidding, competitive sealed proposals,
6-12 catalogue purchases, group purchasing programs and open market
6-13 contracts.
6-14 (c) In determining what is the best value, the institution
6-15 shall take into account the following factors and all other
6-16 relevant factors that a private business entity would consider in
6-17 selecting a vendor:
6-18 (1) purchase price;
6-19 (2) reputation of the vendor and the vendor's goods
6-20 and services;
6-21 (3) quality of the vendor's goods or services;
6-22 (4) the extent to which the goods or services meet its
6-23 needs;
6-24 (5) vendor's past relationship with the institution;
6-25 (6) impact on the ability of the institution to comply
7-1 with state laws and regulations relating to historically
7-2 underutilized businesses; and
7-3 (7) total long-term cost to the institution of
7-4 acquiring a vendor's goods or services.
7-5 (d) All purchases of goods or services made by the
7-6 institution are subject to audit by the State Auditor.
7-7 (e) The institution shall comply with all state laws and
7-8 General Service Commission regulations concerning contracting with
7-9 historically underutilized businesses.
7-10 (f) This section prevails over other law to the extent of
7-11 any conflict.
7-12 (g) The institution may adopt necessary or desirable rules
7-13 and procedures for the acquisition of goods and services that are
7-14 not inconsistent with this section.
7-15 SECTION 2. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended,
7-20 and that this Act take effect and be in force from and after its
7-21 passage, and it is so enacted.