1-1 By: Sibley S.B. No. 913
1-2 (In the Senate - Filed March 4, 1997; March 6, 1997, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 7, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; April 7, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 913 By: Nelson
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the operation and oversight of the medically
1-11 underserved community-state matching incentive program.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 46, Health and Safety Code, is
1-14 redesignated as Subchapter E, Chapter 106, Health and Safety Code,
1-15 and amended to read as follows:
1-16 SUBCHAPTER E [CHAPTER 46]. MEDICALLY UNDERSERVED
1-17 COMMUNITY-STATE MATCHING INCENTIVE PROGRAM
1-18 Sec. 106.101 [46.001]. DEFINITIONS. In this subchapter
1-19 [chapter]:
1-20 (1) "Medically underserved community" means:
1-21 (A) a community located in an area in this state
1-22 with a medically underserved population;
1-23 (B) a community located in an area in this state
1-24 designated by the United States Secretary of Health and Human
1-25 Services as an area with a shortage of personal health services;
1-26 (C) a population group designated by the United
1-27 States Secretary of Health and Human Services as having a shortage
1-28 of personal health services; or
1-29 (D) a community that meets criteria adopted by
1-30 the board by rule, considering relevant demographic, geographic,
1-31 and environmental factors.
1-32 (2) "Physician" means a person licensed to practice
1-33 medicine in this state.
1-34 (3) "Primary care" means physician services in family
1-35 practice, general practice, internal medicine, pediatrics,
1-36 obstetrics, or gynecology.
1-37 (4) "Start-up money" means a payment made by a
1-38 medically underserved community for reasonable costs incurred by a
1-39 physician to establish a medical office and ancillary facilities
1-40 for diagnosing and treating patients.
1-41 Sec. 106.102 [46.002]. PROGRAM. (a) The executive
1-42 committee [board] shall establish and administer a program under
1-43 this subchapter [chapter] to increase the number of physicians
1-44 providing primary care in medically underserved communities.
1-45 (b) A medically underserved community may sponsor a
1-46 physician who has completed a primary care residency program
1-47 [within seven years of application to this program] and has agreed
1-48 to provide primary care in the community by contributing to
1-49 start-up money for the physician and having that contribution
1-50 matched in whole or in part by state money appropriated to the
1-51 executive committee [board] for that purpose.
1-52 (c) A participating medically underserved community may
1-53 provide start-up money to an eligible physician over a two-year
1-54 period.
1-55 (d) The executive committee [board] may not pay more than
1-56 $25,000 to a community in a fiscal year unless the executive
1-57 committee [board] makes a specific finding of need by the
1-58 community.
1-59 (e) The executive committee [board] shall prioritize the
1-60 communities eligible for assistance under this subchapter [chapter]
1-61 in order to assure that the neediest communities are provided
1-62 grants.
1-63 Sec. 106.103 [46.003]. ELIGIBILITY. To be eligible to
1-64 receive money from the executive committee [board], a medically
2-1 underserved community must:
2-2 (1) apply for the money; and
2-3 (2) provide evidence satisfactory to the executive
2-4 committee [board] that it has entered into an agreement with a
2-5 physician for the physician to provide primary care in the
2-6 community for at least two years.
2-7 Sec. 106.104 [46.004]. RULES. The executive committee
2-8 [board] shall adopt rules necessary for the administration of this
2-9 subchapter [chapter], including:
2-10 (1) eligibility criteria for a medically underserved
2-11 community;
2-12 (2) eligibility criteria for a physician;
2-13 (3) minimum and maximum community contributions to the
2-14 start-up money for a physician to be matched with state money;
2-15 (4) conditions under which state money must be repaid
2-16 by a community or physician;
2-17 (5) procedures for disbursement of money by the
2-18 executive committee [board];
2-19 (6) the form and manner in which a community must make
2-20 its contribution to the start-up money; and
2-21 (7) the contents of an agreement to be entered into by
2-22 the parties to include at least:
2-23 (A) a credit check for an eligible physician;
2-24 and
2-25 (B) community retention of interest in any
2-26 property, equipment, or durable goods for seven years[; and]
2-27 [(C) the requirement of full-time clinical
2-28 practice for participating physicians].
2-29 Sec. 106.105 [46.005]. FUNDING. The executive committee
2-30 [board] may accept gifts, grants, and donations for the purposes of
2-31 this chapter.
2-32 SECTION 2. (a) The Texas Board of Health not later than
2-33 September 1, 1998, shall transfer the obligations, property, and
2-34 rights that the board had under former Chapter 46, Health and
2-35 Safety Code, as redesignated by this Act, to the Center for Rural
2-36 Health Initiatives. The Center for Rural Health Initiatives
2-37 assumes all of the obligations, property, and rights of the Texas
2-38 Board of Health under Chapter 46, Health and Safety Code, as
2-39 exercised by the board immediately before the effective date of
2-40 this Act. All unexpended funds appropriated to the Texas Board of
2-41 Health under Chapter 46, Health and Safety Code, are transferred to
2-42 the Center for Rural Health Initiatives. The transfer of the
2-43 obligations, property, and rights of the Texas Board of Health
2-44 under Chapter 46, Health and Safety Code, must be completed not
2-45 later than September 1, 1998.
2-46 (b) All rules of the Texas Board of Health relating to
2-47 Chapter 46, Health and Safety Code, are continued in effect as
2-48 rules of the Center for Rural Health Initiatives until superseded
2-49 by a rule of the Center for Rural Health Initiatives.
2-50 SECTION 3. This Act takes effect September 1, 1997.
2-51 SECTION 4. The importance of this legislation and the
2-52 crowded condition of the calendars in both houses create an
2-53 emergency and an imperative public necessity that the
2-54 constitutional rule requiring bills to be read on three several
2-55 days in each house be suspended, and this rule is hereby suspended.
2-56 * * * * *