1-1 By: Rangel (Senate Sponsor - Zaffirini) H.B. No. 2192 1-2 (In the Senate - Received from the House May 6, 1997; 1-3 May 7, 1997, read first time and referred to Committee on Health 1-4 and Human Services; May 14, 1997, reported favorably by the 1-5 following vote: Yeas 10, Nays 0; May 14, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the establishment of a physician recruitment program 1-9 for medically underserved areas. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 106, Health and Safety Code, is amended 1-12 by adding Subchapter E to read as follows: 1-13 SUBCHAPTER E. TEXAS HEALTH SERVICE CORPS PROGRAM 1-14 FOR MEDICALLY UNDERSERVED AREAS 1-15 Sec. 106.101. DEFINITIONS. In this chapter: 1-16 (1) "Medically underserved area" means an area 1-17 designated by the United States Secretary of Health and Human 1-18 Services as having: 1-19 (A) a shortage of personal health services or a 1-20 population group that has such a shortage as provided by 42 U.S.C. 1-21 Section 300e-1(7); or 1-22 (B) a health professional shortage as provided 1-23 by 42 U.S.C. Section 254e(a)(1). 1-24 (2) "Physician" means a resident physician who is 1-25 enrolled in an accredited residency training program in this state 1-26 in the specialty of: 1-27 (A) family practice; 1-28 (B) general internal medicine; 1-29 (C) general pediatric medicine; or 1-30 (D) general obstetrics and gynecology. 1-31 Sec. 106.102. TEXAS HEALTH SERVICE CORPS PROGRAM. (a) The 1-32 executive committee shall establish a program in the center to 1-33 assist communities in recruiting and retaining physicians to 1-34 practice in medically underserved areas. 1-35 (b) The executive committee by rule shall establish: 1-36 (1) eligibility criteria for applicants; 1-37 (2) stipend application procedures; 1-38 (3) guidelines relating to stipend amounts; 1-39 (4) procedures for evaluating stipend applications; 1-40 and 1-41 (5) a system of priorities relating to the: 1-42 (A) geographic areas covered; 1-43 (B) medical specialties eligible to receive 1-44 funding under the program; and 1-45 (C) level of stipend support. 1-46 Sec. 106.103. ADMINISTRATION. (a) The executive committee 1-47 shall adopt rules necessary to administer this subchapter, and the 1-48 center shall administer the program in accordance with those rules. 1-49 (b) The center shall conduct field research, collect 1-50 information, and prepare statistical and other reports relating to 1-51 the need for the program. 1-52 (c) The center may not spend for the center's administrative 1-53 costs more than 10 percent of the amount appropriated to administer 1-54 this subchapter. 1-55 Sec. 106.104. REQUIRED CONTRACT. (a) The center may award 1-56 a stipend to a physician under this subchapter if the physician 1-57 enters into a written contract to provide services in a medically 1-58 underserved area for at least one year for each year that the 1-59 physician receives the stipend. 1-60 (b) The contract must provide that if the physician does not 1-61 provide the required services in the medically underserved area or 1-62 provides those services for less than the required term, the 1-63 physician is personally liable to the state for: 1-64 (1) the total amount of the stipend the physician 2-1 receives; 2-2 (2) interest on that total amount for the period 2-3 beginning on the date the physician signs the contract and ending 2-4 on the date the physician repays the amount of the stipend computed 2-5 at a rate equal to the sum of: 2-6 (A) the auction average rate quoted on a bank 2-7 discount basis for 26-week treasury bills issued by the United 2-8 States government, as published by the Federal Reserve Board, for 2-9 the week preceding the week in which the contract is signed; and 2-10 (B) five percent; and 2-11 (3) the state's reasonable expenses incurred in 2-12 obtaining payment, including reasonable attorney's fees. 2-13 Sec. 106.105. STIPENDS. (a) The center shall award 2-14 stipends to physicians for one-year periods. A stipend awarded 2-15 under this subchapter may not exceed $15,000 each year. 2-16 (b) The center may renew a stipend used to assist a 2-17 particular physician. 2-18 (c) A physician is not eligible for a stipend under this 2-19 subchapter for a period longer than is ordinarily and customarily 2-20 required for the completion of residency training for first board 2-21 eligibility. 2-22 (d) A physician who receives a stipend under this subchapter 2-23 is not eligible to receive assistance under a state educational 2-24 loan repayment program or other state incentive program. 2-25 Sec. 106.106. FUNDING. The center may seek, receive, and 2-26 spend money received through an appropriation, grant, donation, or 2-27 reimbursement from any public or private source to administer this 2-28 subchapter. 2-29 SECTION 2. The importance of this legislation and the 2-30 crowded condition of the calendars in both houses create an 2-31 emergency and an imperative public necessity that the 2-32 constitutional rule requiring bills to be read on three several 2-33 days in each house be suspended, and this rule is hereby suspended, 2-34 and that this Act take effect and be in force from and after its 2-35 passage, and it is so enacted. 2-36 * * * * *