By: Sibley, West S.B. No. 913
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the operation and oversight of the medically
1-2 underserved community-state matching incentive program.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 46, Health and Safety Code, is
1-5 redesignated as Subchapter E, Chapter 106, Health and Safety Code,
1-6 and amended to read as follows:
1-7 SUBCHAPTER E [CHAPTER 46]. MEDICALLY UNDERSERVED
1-8 COMMUNITY-STATE MATCHING INCENTIVE PROGRAM
1-9 Sec. 106.101 [46.001]. DEFINITIONS. In this subchapter
1-10 [chapter]:
1-11 (1) "Medically underserved community" means:
1-12 (A) a community located in an area in this state
1-13 with a medically underserved population;
1-14 (B) a community located in an area in this state
1-15 designated by the United States Secretary of Health and Human
1-16 Services as an area with a shortage of personal health services;
1-17 (C) a population group designated by the United
1-18 States Secretary of Health and Human Services as having a shortage
1-19 of personal health services; or
1-20 (D) a community that meets criteria adopted by
1-21 the board by rule, considering relevant demographic, geographic,
1-22 and environmental factors.
1-23 (2) "Physician" means a person licensed to practice
2-1 medicine in this state.
2-2 (3) "Primary care" means physician services in family
2-3 practice, general practice, internal medicine, pediatrics,
2-4 obstetrics, or gynecology.
2-5 (4) "Start-up money" means a payment made by a
2-6 medically underserved community for reasonable costs incurred by a
2-7 physician to establish a medical office and ancillary facilities
2-8 for diagnosing and treating patients.
2-9 Sec. 106.102 [46.002]. PROGRAM. (a) The executive
2-10 committee [board] shall establish and administer a program under
2-11 this subchapter [chapter] to increase the number of physicians
2-12 providing primary care in medically underserved communities.
2-13 (b) A medically underserved community may sponsor a
2-14 physician who has completed a primary care residency program
2-15 [within seven years of application to this program] and has agreed
2-16 to provide primary care in the community by contributing to
2-17 start-up money for the physician and having that contribution
2-18 matched in whole or in part by state money appropriated to the
2-19 executive committee [board] for that purpose.
2-20 (c) A participating medically underserved community may
2-21 provide start-up money to an eligible physician over a two-year
2-22 period.
2-23 (d) The executive committee [board] may not pay more than
2-24 $25,000 to a community in a fiscal year unless the executive
2-25 committee [board] makes a specific finding of need by the
3-1 community.
3-2 (e) The executive committee [board] shall prioritize the
3-3 communities eligible for assistance under this subchapter [chapter]
3-4 in order to assure that the neediest communities are provided
3-5 grants.
3-6 Sec. 106.103 [46.003]. ELIGIBILITY. To be eligible to
3-7 receive money from the executive committee [board], a medically
3-8 underserved community must:
3-9 (1) apply for the money; and
3-10 (2) provide evidence satisfactory to the executive
3-11 committee [board] that it has entered into an agreement with a
3-12 physician for the physician to provide primary care in the
3-13 community for at least two years.
3-14 Sec. 106.104 [46.004]. RULES. The executive committee
3-15 [board] shall adopt rules necessary for the administration of this
3-16 subchapter [chapter], including:
3-17 (1) eligibility criteria for a medically underserved
3-18 community;
3-19 (2) eligibility criteria for a physician;
3-20 (3) minimum and maximum community contributions to the
3-21 start-up money for a physician to be matched with state money;
3-22 (4) conditions under which state money must be repaid
3-23 by a community or physician;
3-24 (5) procedures for disbursement of money by the
3-25 executive committee [board];
4-1 (6) the form and manner in which a community must make
4-2 its contribution to the start-up money; and
4-3 (7) the contents of an agreement to be entered into by
4-4 the parties to include at least:
4-5 (A) a credit check for an eligible physician;
4-6 and
4-7 (B) community retention of interest in any
4-8 property, equipment, or durable goods for seven years[; and]
4-9 [(C) the requirement of full-time clinical
4-10 practice for participating physicians].
4-11 Sec. 106.105 [46.005]. FUNDING. The executive committee
4-12 [board] may accept gifts, grants, and donations for the purposes of
4-13 this chapter.
4-14 SECTION 2. (a) The Texas Board of Health not later than
4-15 September 1, 1998, shall transfer the obligations, property, and
4-16 rights that the board had under former Chapter 46, Health and
4-17 Safety Code, as redesignated by this Act, to the Center for Rural
4-18 Health Initiatives. The Center for Rural Health Initiatives
4-19 assumes all of the obligations, property, and rights of the Texas
4-20 Board of Health under Chapter 46, Health and Safety Code, as
4-21 exercised by the board immediately before the effective date of
4-22 this Act. All unexpended funds appropriated to the Texas Board of
4-23 Health under Chapter 46, Health and Safety Code, are transferred to
4-24 the Center for Rural Health Initiatives. The transfer of the
4-25 obligations, property, and rights of the Texas Board of Health
5-1 under Chapter 46, Health and Safety Code, must be completed not
5-2 later than September 1, 1998.
5-3 (b) All rules of the Texas Board of Health relating to
5-4 Chapter 46, Health and Safety Code, are continued in effect as
5-5 rules of the Center for Rural Health Initiatives until superseded
5-6 by a rule of the Center for Rural Health Initiatives.
5-7 SECTION 3. This Act takes effect September 1, 1997.
5-8 SECTION 4. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.