HBA-JRA C.S.H.B. 1748 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1748
By: Van de Putte
Public Health
4/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Health (TDH) operates two hospitals that
provide tuberculosis services, the Texas Center for Infectious Diseases
(TCID) in San Antonio and the South Texas Hospital in Harlingen.  Both
hospitals are at a risk of losing accreditation due to aging and
deteriorating buildings and lack of adequate operating funds. 

C.S.H.B. 1748 requires the Texas Board of Health (board) to either renovate
the existing physical facilities of TCID or construct new facilities for
TCID, construct physical facilities for a tuberculosis research laboratory
at The University of Texas Health Science Center at San Antonio, and
transfers the functions of the mycobacterial-mycology research laboratory
from TCID to The University of Texas Health Science Center at San Antonio,
and authorizes the board to coordinate statewide medical management of
tuberculosis through The University of Texas Health Center at Tyler.
Additionally, this bill requires TDH to collaborate with the United States
Immigration and Naturalization Service (INS) regarding transportation of
communicable disease patients through INS checkpoints. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the board of regents of The University
of Texas System in SECTION 3 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  RENOVATION OR CONSTRUCTION OF PHYSICAL FACILITIES OF TEXAS
CENTER FOR INFECTIOUS DISEASE.  (a)  Requires the Texas Board of Health
(board) to contract for the renovation of the existing physical facilities
of the Texas Center for Infectious Disease (TCID) or construction of new
physical facilities for TCID. 

(b)  Provides that, if the board contracts for renovation of the existing
facilities, the contract must specify that the renovations include
structural and design changes required for reaccreditation during 1999 by
the Joint Commission on Accreditation of Health Care Organizations,
compliance with Texas accessibility standards and the federal American with
Disabilities Act of 1990, and the continued operation of TCID to provide
all tuberculosis, communicable infectious disease health care services, as
designated by the commissioner of public health (commissioner), and women's
health laboratory services that are provided at the center on the effective
date of this Act. 

(c)  Requires the board, if the board contracts for construction of new
facilities, to ensure that the facilities are constructed to allow for the
provision of all tuberculosis, communicable infectious disease health care
services, as designated by the commissioner, and women's health laboratory
services that are provided at the center on the effective date of this Act,
except those services that the board contracts to be provided at another
health care facility. Provides that the contract must specify minimally
necessary structural and design renovations to the existing physical
facilities required for reaccreditation during 1999 by the Joint Commission
on Accreditation of Health Care Organizations, compliance with Texas
accessibility standards and the federal American with Disabilities Act of
1990, and the continued operation of the existing facilities until
construction of new facilities is completed. 
 
SECTION 2.  TUBERCULOSIS AND COMMUNICABLE INFECTIOUS DISEASE HEALTH CARE
SERVICES.  Authorizes the board to contract with the board of regents of
The University of Texas System (board of regents) or any other public or
private health care entity or provider to provide physicians or other
health care professionals who will provide tuberculosis and communicable
infectious disease health care services, as designated by the commissioner,
at TCID or at another health care facility in proximity to the center. 

SECTION 3.  MYCOBACTERIAL-MYCOLOGY RESEARCH LABORATORY.  (a)  Requires the
board of regents to contract for the construction of physical facilities
for a mycobacterialmycology research laboratory located at The University
of Texas Health Science Center at San Antonio to replace the laboratory
located at TCID using funds appropriated to The University of Texas System
(UT System) for that purpose. 

(b)  Provides that the physical facilities constructed under Subsection (a)
must be adequate for the provision of all mycobacterial-mycology services
provided on the effective date of this Act by the mycobacterial-mycology
research laboratory located at TCID. 

(c)  Requires the board of regents to manage and operate the
mycobacterial-mycology research laboratory at The University of Texas
Health Science Center at San Antonio. 

(d)  Requires the board and the board of regents to adopt a joint
memorandum of understanding to facilitate and coordinate the transfer of
mycobacterial-mycology research laboratory services from TCID to UT System. 

(e)  Requires the board and the board of regents to adopt the memorandum of
understanding. 

(f)  Requires the mycobacterial-mycology research laboratory at TCID to
close on a date provided by the memorandum of understanding.  Transfers all
powers, duties, functions, programs, activities, rights, contracts,
records, property, and all funds appropriated by the legislature to TDH
relating to the management or operation of the mycobacterial-mycology
research laboratory at TCID to The University of Texas Health Science
Center at San Antonio.  Provides that a reference in law to TDH or the
board that relates to the management and operation of the
mycobacterial-mycology research laboratory means the UT System or The
University of Texas Health Science Center at San Antonio, as appropriate.   

(g)  Requires the board of regents, before a transfer occurs, to adopt
rules and regulations necessary for the operation, control, and management
of the mycobacterial-mycology research laboratory at The University of
Texas Health Science Center at San Antonio that will take effect when the
transfer occurs. 

SECTION 4.  STATEWIDE COORDINATION OF MEDICAL MANAGEMENT OF TUBERCULOSIS.
Authorizes the board to contract with the board of regents for the
coordination of medical management of tuberculosis throughout this state by
The University of Texas Health Center at Tyler.  Authorizes the contract to
require that the statewide coordination of medical management of
tuberculosis include the provision of a full-time medical director;
management of a state tuberculosis education center; and, for all health
care facilities operated by TDH that provide tuberculosis health care
services, credentialling of medical directors, provision of tuberculosis
education, medical consultations, and oversight of and protocols for
inpatient tuberculosis management, and determination of appropriate
placement of tuberculosis patients. 

SECTION 5.  AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE DISEASE PATIENTS.
Requires TDH, in cooperation with the governor, to collaborate with the
United States Immigration and Naturalization Service to develop a formal
agreement regarding transportation of communicable disease patients through
Immigration and Naturalization Service checkpoints to TCID.  Requires TDH
to report the status of negotiations and a summary of TDH activities
relating to the agreement to the 77th Legislature. 

SECTION 6.  DISPLACED EMPLOYEES OF TEXAS CENTER FOR INFECTIOUS DISEASE.
(a)  Requires TDH, to the extent possible, to reassign an employee of TDH
at TCID to an open position within TDH for which the employee is qualified
if the employee's displacement is due to a contract entered into by TDH
under this Act of the transfer or the mycobacterial-mycology research
laboratory from TCID to The University of Texas Health Science Center at
San Antonio. 

(b)  Provides that a contract entered into by TDH with the board of regents
or any other health care entity or provider under this Act must include a
requirement that, to the maximum extent possible as determined by UT
System, UT System offer an employee of TCID who is displaced due to the
contract a similar position with UT System. 

SECTION 7.  FUTURE USE OF EXISTING FACILITIES.  Requires the board and the
General Services Commission to collaborate to prepare leasing and other
options for potential future uses of the existing physical facilities on
completion of construction of the new physical facilities if the board
contracts for construction of new physical facilities for TCID. 

SECTION 8.  SCHEDULE.  Requires the board to enter into the contracts
required by this Act by September 1, 2000.  Requires UT System to enter
into a contract for the construction of physical facilities for a research
laboratory required by Section 3 of this Act by September 1, 2000.
Requires the board and the board of regents to adopt the joint memorandum
of understanding by Section 3 of this Act by September 1, 2000. 

SECTION 9.  AMENDMENT.  Amends Subchapter B, Chapter 814, Government Code,
by adding Section 814.1042, as follows: 

Sec. 814.1042.  TEMPORARY SERVICE RETIREMENT OPTION FOR MEMBERS AFFECTED BY
CONTRACTS ENTERED INTO BY TEXAS DEPARTMENT OF HEALTH.  (a)  Makes this
section applicable only to employees whose positions with TDH at TCID are
eliminated and who separate from state service as a result of a contract
with the board of regents entered into on or after the effective date of
this section and on or before September 1, 2000, or the transfer of the
mycobacterial-mycology research laboratory to The University of Texas
Health Science Center at San Antonio. 

(b)  Provides that an employee described by Subsection (a) is eligible to
retire and receive a service retirement annuity if the member's age and
service credit, each increased by three years, would meet age and service
requirements for service retirement at the time the employee separates from
state service. 

(c)  Provides that an employee described by Subsection (a) is eligible to
retire and receive a service retirement annuity on the date on which the
employee would have met the age and service requirements for service
retirement had the member remained employed by the state if, on the date of
separation from state service, the member's age and service credit, each
increased by five years, would meet age and service requirements for
service retirement.  Provides that the annuity of a person is computed on
the person's accrued service credit. 

(d)  Authorizes an employee described by Subsection (c), if  reemployed by
the state before retirement, to use the time between the employee's
separation from state service and reemployment only to compute eligibility
for service retirement and prohibits it from being used to compute the
amount of any service retirement annuity. 

(e)  Requires an employee who applies to retire to provide TDH with
documentation required by the retirement system to establish eligibility. 

(f)  Makes this section applicable only to positions eliminated on or after
the effective date of this section. 

SECTION 10.  EMERGENCY.  Emergency clause.
Effective date: upon passage.

 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in the caption to make a conforming
change. 

The substitute modifies the original in SECTION 1 to provide the Texas
Board of Health (board) with the option of contracting for the construction
of new physical facilities for the Texas Center for Infectious Disease
(TCID).  The substitute also sets forth the services which the new facility
must provide and the standards for the renovation of the existing
facilities to ensure the continued operation of the existing facilities
until construction of new facilities is completed.  In addition, the
substitute adds communicable infectious disease health care services to the
services which TCID must continue to provide, at either the existing or the
new facilities. 

The substitute modifies the original in SECTION 2 to change the section
title from "Tuberculosis Research Laboratory" to "Tuberculosis and
Communicable Infectious Disease Health Care Services."  The substitute also
authorizes the board to contract with the board of regents of The
University of Texas System (board of regents) or any other public or
private health care entity or provider to provide physicians or other
health care professionals who will provide tuberculosis and communicable
infectious disease health care services, as designated by the commissioner,
at TCID or at another health care facility in proximity to the center.
The original required the board to contract with the board of regents to
provide tuberculosis and other health care services. 

The substitute modifies the original in SECTION 3 to rename the research
laboratory from the tuberculosis research laboratory to the
mycobacterial-mycology research laboratory." 

In Subsection (a), the substitute requires the board of regents to
construct the physical facilities for the mycobacterial-mycology, rather
than requiring the board of regents to contract for the construction of
such facilities. 

In Subsection (c), the substitute requires the board and the board of
regents to transfer of laboratory services from TCID to UT System, rather
than to The University of Texas Health Science Center at San Antonio. 

In Subsection (d), the substitute deletes the requirement that the board
and the board of regents transfer employees from the Texas Department of
Health (TDH) to UT System if UT System determines that employees are to be
transferred. 

In Subsection (e), the substitute deletes rulemaking authority that the
original delegated to the board and the board of regents by requiring the
board and the board of regents to adopt the memorandum of understanding,
rather than requiring them to do so by rule. 

In Subsection (f), the substitute also deletes the provision transferring
all obligations of TDH relating to the management or operation of TCID to
The University of Texas Health Science Center at San Antonio. 

The substitute deletes proposed Subsection (g), which provided that a rule,
policy, procedure, decision, or form adopted by TDH relating to the
research laboratory at TCID is a rule, policy, procedure, decision, or form
of The University of Texas Health Science Center at San Antonio, and
authorized the secretary of state to adopt rules as necessary to expedite
the implementation of this subsection.  The substituted Subsection (g)
requires the board of regents, before a transfer occurs, to adopt rules and
regulations necessary for the operation, control, and management of the
mycobacterial-mycology research laboratory at The University of Texas
Health Science Center at San Antonio that will take effect when the
transfer occurs. 

The substitute modifies the original in SECTION 4 to make a nonsubstantive
change. 

The substitute modifies the original in SECTION 6 to make  conforming
changes. 

The substitute modifies the original by adding a new SECTION 7 to require
the board and the General Services Commission to collaborate to prepare
leasing and other options for potential future  uses of the existing
physical facilities on completion of construction of the new physical
facilities if the board contracts for construction of new physical
facilities for TCID. 

The substitute modifies the original in SECTION 8 to require the board and
UT System to enter into the contracts and the board and the board of
regents to adopt the joint memorandum of understanding required by this Act
by September 1, 2000, rather than January 1, 2000. 

The substitute modifies the original in SECTION 9 to make conforming
changes. 

The substitute redesignates proposed SECTIONS 7-9 to SECTIONS 8-10.