By Rangel                                             H.B. No. 2192

         75R6846 SMH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the establishment of a physician recruitment program

 1-3     for medically underserved areas.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 106, Health and Safety Code, is amended

 1-6     by adding Subchapter E to read as follows:

 1-7              SUBCHAPTER E.  TEXAS HEALTH SERVICE CORPS PROGRAM

 1-8                       FOR MEDICALLY UNDERSERVED AREAS

 1-9           Sec. 106.101.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Medically underserved area" means an area

1-11     designated by the United States Secretary of Health and Human

1-12     Services as having:

1-13                       (A)  a shortage of personal health services or a

1-14     population group that has such a shortage as provided by 42 U.S.C.

1-15     Section 300e-1(7); or

1-16                       (B)  a health professional shortage as provided

1-17     by 42 U.S.C. Section 254e(a)(1).

1-18                 (2)  "Physician" means a resident physician who is

1-19     enrolled in an accredited residency training program in this state

1-20     in the specialty of:

1-21                       (A)  family practice;

1-22                       (B)  general internal medicine;

1-23                       (C)  general pediatric medicine; or

1-24                       (D)  general obstetrics and gynecology.

 2-1           Sec. 106.102.  TEXAS HEALTH SERVICE CORPS PROGRAM.  (a)  The

 2-2     executive committee shall establish a program in the center to

 2-3     assist communities in recruiting and retaining physicians to

 2-4     practice in medically underserved areas.

 2-5           (b)  The executive committee by rule shall establish:

 2-6                 (1)  eligibility criteria for applicants;

 2-7                 (2)  stipend application procedures;

 2-8                 (3)  guidelines relating to stipend amounts;

 2-9                 (4)  procedures for evaluating stipend applications;

2-10     and

2-11                 (5)  a system of priorities relating to the:

2-12                       (A)  geographic areas covered;

2-13                       (B)  medical specialties eligible to receive

2-14     funding under the program; and

2-15                       (C)  level of stipend support.

2-16           Sec. 106.103.  ADMINISTRATION.  (a)  The executive committee

2-17     shall adopt rules necessary to administer this subchapter, and the

2-18     center shall administer the program in accordance with those rules.

2-19           (b)  The center shall conduct field research, collect

2-20     information, and prepare statistical and other reports relating to

2-21     the need for the program.

2-22           (c)  The center may not spend for the center's administrative

2-23     costs more than 10 percent of the amount appropriated to administer

2-24     this subchapter.

2-25           Sec. 106.104.  REQUIRED CONTRACT.  (a)  The center may award

2-26     a stipend to a physician under this subchapter if the physician

2-27     enters into a written contract to provide services in a medically

 3-1     underserved area for at least one year for each year that the

 3-2     physician receives the stipend.

 3-3           (b)  The contract must provide that if the physician does not

 3-4     provide the required services in the medically underserved area or

 3-5     provides those services for less than the required term, the

 3-6     physician is personally liable to the state for:

 3-7                 (1)  the total amount of the stipend the physician

 3-8     receives;

 3-9                 (2)  interest on that total amount for the period

3-10     beginning on the date the physician signs the contract and ending

3-11     on the date the physician repays the amount of the stipend computed

3-12     at a rate equal to the sum of:

3-13                       (A)  the auction average rate quoted on a bank

3-14     discount basis for 26-week treasury bills issued by the United

3-15     States government, as published by the Federal Reserve Board, for

3-16     the week preceding the week in which the contract is signed; and

3-17                       (B)  five percent; and

3-18                 (3)  the state's reasonable expenses incurred in

3-19     obtaining payment, including reasonable attorney's fees.

3-20           Sec. 106.105.  STIPENDS.  (a)  The center shall award

3-21     stipends to physicians for one-year periods.  A stipend awarded

3-22     under this subchapter may not exceed $15,000 each year.

3-23           (b)  The center may renew a stipend used to assist a

3-24     particular  physician.

3-25           (c)  A physician is not eligible for a stipend under this

3-26     subchapter for a period longer than is ordinarily and customarily

3-27     required for the completion of residency training for first board

 4-1     eligibility.

 4-2           (d)  A physician who receives a stipend under this subchapter

 4-3     is not eligible to receive assistance under a state educational

 4-4     loan repayment program or other state incentive program.

 4-5           Sec. 106.106.  FUNDING.  The center may seek, receive, and

 4-6     spend money received through an appropriation, grant, donation, or

 4-7     reimbursement from any public or private source to administer this

 4-8     subchapter.

 4-9           SECTION 2.  The importance of this legislation and the

4-10     crowded condition of the calendars in both houses create an

4-11     emergency and an imperative public necessity that the

4-12     constitutional rule requiring bills to be read on three several

4-13     days in each house be suspended, and this rule is hereby suspended,

4-14     and that this Act take effect and be in force from and after its

4-15     passage, and it is so enacted.