1-1  By:  Sibley, Zaffirini                                 S.B. No. 979
    1-2        (In the Senate - Filed March 7, 1995; March 9, 1995, read
    1-3  first time and referred to Committee on Education; March 29, 1995,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 11, Nays 0; March 29, 1995, sent to printer.)
    1-6  COMMITTEE SUBSTITUTE FOR S.B. No. 979                   By:  Sibley
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to programs to increase the number of primary care
   1-10  physicians and allied health personnel in medically underserved
   1-11  areas of this state.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subsection (c), Section 51.918, Education Code,
   1-14  is amended to read as follows:
   1-15        (c)  The Center for Rural Health Initiatives shall develop
   1-16  relief service programs for rural physicians and allied health
   1-17  personnel <to facilitate ready access to continuing medical
   1-18  education>.
   1-19        SECTION 2.  Section 61.506, Education Code, is amended to
   1-20  read as follows:
   1-21        Sec. 61.506.  FAMILY PRACTICE RESIDENCY TRAINING PILOT
   1-22  PROGRAMS.  (a)  The Family Practice Residency Advisory Committee
   1-23  <and a statewide advisory committee established by the Texas Board
   1-24  of Health under Section 31.017, Health and Safety Code,> shall work
   1-25  <together> to enhance approved family practice residency programs
   1-26  and to establish  not less than three or more than five pilot
   1-27  programs to provide a major source of indigent health care and
   1-28  <also> to train family practice resident physicians.
   1-29        (b)  Each of the  <three> pilot programs must provide
   1-30  services   to <be   located    in>  an   economically    depressed
   1-31  or rural medically underserved area of the state.  One pilot
   1-32  program must be located in an urban area, one pilot program must be
   1-33  located in a rural area, and  the remaining pilot program or
   1-34  programs must be located in the border region as defined by Section
   1-35  481.001, Government Code <area that reflects the diversity of this
   1-36  state>.
   1-37        (c)  An approved family practice residency program that wants
   1-38  to participate in or sponsor a pilot program must make a proposal
   1-39  to the advisory committee <committees>.
   1-40        (d)  The advisory committee <committees> shall review all
   1-41  proposals submitted under Subsection (c) of this section and shall
   1-42  recommend to the board approved family practice residency programs
   1-43  to participate in or sponsor pilot programs.
   1-44        (e)  The board shall select approved family practice
   1-45  residency programs to participate in or sponsor pilot programs on
   1-46  the basis of each program's commitment to indigent health care and
   1-47  to training family practice resident physicians.
   1-48        (f)  The advisory committee <committees> shall use <the>
   1-49  financial reports, audits, and performance evaluations currently
   1-50  required under this subchapter or by board rule <and under Section
   1-51  31.015, Health and Safety Code,> to assess annually the financial
   1-52  feasibility and effective performance of the pilot programs.  The
   1-53  advisory committee <committees> may require additional reports as
   1-54  necessary.
   1-55        (g)  The advisory committee <committees> shall send copies of
   1-56  its <their> annual assessment of the pilot programs to the
   1-57  comptroller and the state auditor for review.
   1-58        (h)  If the advisory committee determines <committees
   1-59  determine> that a pilot program is not financially feasible or that
   1-60  it does not perform effectively, the advisory committee
   1-61  <committees> shall recommend to the board discontinuation of
   1-62  funding for the pilot program.
   1-63        SECTION 3.  Section 61.531, Education Code, is amended to
   1-64  read as follows:
   1-65        Sec. 61.531.  REPAYMENT AUTHORIZED.  (a)  The coordinating
   1-66  board may provide, using funds appropriated for that purpose and in
   1-67  accordance with this subchapter and rules of the board, assistance
   1-68  in the repayment of student loans for physicians who apply and
    2-1  qualify for the assistance.
    2-2        (b)  Not more than 20 percent of the physicians receiving
    2-3  repayment assistance under this subchapter may be employed by the
    2-4  state agencies listed in Section 61.532(a)(2).
    2-5        (c)  A physician who receives repayment assistance under this
    2-6  subchapter may not receive assistance under Chapter 46, Health and
    2-7  Safety Code.
    2-8        SECTION 4.  Subsection (a), Section 61.532, Education Code,
    2-9  is amended to read as follows:
   2-10        (a)  To be eligible to receive repayment assistance, a
   2-11  physician must apply to the coordinating board and have completed
   2-12  at least one year of medical practice:
   2-13              (1)  in private practice in an economically depressed
   2-14  or rural medically underserved area of the state;
   2-15              (2)  for one of the following state agencies:
   2-16                    (A)  Texas Department of Health;
   2-17                    (B)  Texas Department of Mental Health and Mental
   2-18  Retardation;
   2-19                    (C)  Texas Department of Corrections; or
   2-20                    (D)  Texas Youth Commission; or
   2-21              (3)  for an approved family practice residency training
   2-22  program established under Subchapter I of this chapter as a:
   2-23                    (A)  clinical faculty member and have completed
   2-24  training in an approved family practice residency training program
   2-25  on or after July 1, 1994; or
   2-26                    (B)  resident.
   2-27        SECTION 5.  Subsection (b), Section 61.539, Education Code,
   2-28  is amended to read as follows:
   2-29        (b)  The amount set aside shall be transferred to the
   2-30  comptroller of public accounts to be maintained in the state
   2-31  treasury for the sole purpose of repayment of student loans of
   2-32  physicians serving in designated state agencies or economically
   2-33  depressed or rural medically underserved areas of the state as
   2-34  specified by this subchapter.  Sections 403.094(h) and 403.095,
   2-35  Government Code, do not apply to the amount set aside by this
   2-36  section.
   2-37        SECTION 6.  Subtitle B, Title 2, Health and Safety Code, is
   2-38  amended by adding Chapter 46 to read as follows:
   2-39          CHAPTER 46.  MEDICALLY UNDERSERVED COMMUNITY-STATE
   2-40                      MATCHING INCENTIVE PROGRAM
   2-41        Sec. 46.001.  DEFINITIONS.  In this chapter:
   2-42              (1)  "Medically underserved community" means:
   2-43                    (A)  a community located in an area in this state
   2-44  with a medically underserved population;
   2-45                    (B)  a community located in an area in this state
   2-46  designated by the United States Secretary of Health and Human
   2-47  Services as an area with a shortage of personal health services;
   2-48                    (C)  a population group designated by the United
   2-49  States Secretary of Health and Human Services as having a shortage
   2-50  of personal health services; or
   2-51                    (D)  a community that meets criteria adopted by
   2-52  the board by rule, considering relevant demographic, geographic,
   2-53  and environmental factors.
   2-54              (2)  "Physician" means a person licensed to practice
   2-55  medicine in this state.
   2-56              (3)  "Primary care" means physician services in family
   2-57  practice, general practice, internal medicine, pediatrics,
   2-58  obstetrics, or gynecology.
   2-59              (4)  "Start-up money" means a payment made by a
   2-60  medically underserved community for reasonable costs incurred by a
   2-61  physician to establish a medical office and ancillary facilities
   2-62  for diagnosing and treating patients.
   2-63        Sec. 46.002.  PROGRAM.  (a)  The board shall establish and
   2-64  administer a program under this chapter to increase the number of
   2-65  physicians providing primary care in medically underserved
   2-66  communities.
   2-67        (b)  An eligible community may sponsor a physician who has
   2-68  agreed to provide primary care in the community by contributing to
   2-69  start-up money for the physician and having that contribution
   2-70  matched in whole or in part by state money appropriated to the
    3-1  board for that purpose.
    3-2        (c)  A participating medically underserved community may
    3-3  provide start-up money to an eligible physician over a two-year
    3-4  period.
    3-5        (d)  The board may not pay more than $25,000 to a community
    3-6  in a fiscal year unless the board makes a specific finding of need
    3-7  by the community.
    3-8        Sec. 46.003.  ELIGIBILITY.  To be eligible to receive money
    3-9  from the board, a medically underserved community must:
   3-10              (1)  apply for the money; and
   3-11              (2)  provide evidence satisfactory to the board that it
   3-12  has entered into an agreement with a physician for the physician to
   3-13  provide primary care in the community for at least two years.
   3-14        Sec. 46.004.  RULES.  The board may adopt rules necessary for
   3-15  the administration of this chapter, including:
   3-16              (1)  eligibility criteria for a medically underserved
   3-17  community;
   3-18              (2)  eligibility criteria for a physician;
   3-19              (3)  minimum and maximum community contributions to the
   3-20  start-up money for a physician to be matched with state money;
   3-21              (4)  conditions under which state money must be repaid
   3-22  by a community or physician;
   3-23              (5)  procedures for disbursement of money by the board;
   3-24              (6)  the form and manner in which a community must make
   3-25  its contribution to the start-up money; and
   3-26              (7)  the contents of an agreement to be entered into by
   3-27  the parties.
   3-28        Sec. 46.005.  FUNDING.  The board may accept gifts, grants,
   3-29  and donations for the purposes of this chapter.
   3-30        SECTION 7.  Not later than December 1, 1996, the Texas Higher
   3-31  Education Coordinating Board shall report to the legislature on:
   3-32              (1)  the allocation of money to the family practice
   3-33  residency training pilot programs established under Section 61.506,
   3-34  Education Code, as amended by this Act; and
   3-35              (2)  the progress of those programs in:
   3-36                    (A)  training family practice resident
   3-37  physicians; and
   3-38                    (B)  providing indigent health care.
   3-39        SECTION 8.  This Act takes effect September 1, 1995.
   3-40        SECTION 9.  The importance of this legislation and the
   3-41  crowded condition of the calendars in both houses create an
   3-42  emergency and an imperative public necessity that the
   3-43  constitutional rule requiring bills to be read on three several
   3-44  days in each house be suspended, and this rule is hereby suspended.
   3-45                               * * * * *