SRC-JXG H.B. 1864 76(R)BILL ANALYSIS


Senate Research CenterH.B. 1864
76R13531 JRD-FBy: Capelo (Shapleigh)
Human Services
5/10/1999
Engrossed


DIGEST 

Community health advisors, also known as promotoras, have assisted public
health providers in serving individuals and communities in the border
region for quite some time.  Promotoras provide health centers daily
clinical activities such as case conferences, patient education, referrals
to other health and social services, and volunteer coordination.
Promotoras may conduct needs assessments, distribute surveys to identify
barriers to health care delivery, and make home visits for patient
education and follow-up, in the community.  Additionally, they help
families talk to their health care providers, through their bilingual
skills.  By 1998, at least 30 promotora projects operated in the Texas
border region.  The level of training that promotoras receive varies;
however, the state has no uniform optional training program for these
individuals.  A uniform training program would enable a health care
provider to know what training a promotora has received.  H.B. 1864 would
create a temporary Promotora Program Development Committee to study issues
related to the development of a uniform optional promotora outreach
program. 

PURPOSE

As proposed, H.B. 1864 creates a temporary Promotora Program Development
Committee. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of public health in
SECTION 1.05(d)(g); and the Texas Board of Health in SECTIONS 2.01 and 2.02
(Section 46.003(a), Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1. PROMOTORA PROGRAM DEVELOPMENT COMMITTEE

SECTION 1.01. PURPOSE. Provides that the purpose of this article is to
establish a temporary Promotora Program Development Committee (committee)
that will study certain issues related to the development of outreach and
education programs for promotoras or community health workers and that will
advise the Texas Department of Health (TDH), the governor, and the
legislature regarding its findings. 

SECTION 1.02. DEFINITIONS. Defines "CHIP," "commissioner," "committee,"
"department," "local pilot project," "Medicaid managed care organization,"
"promotora," or "community health worker." 

SECTION 1.03. COMMITTEE. Requires TDH to establish the committee to study
the development of a framework for a promotora development program and to
advise TDH, the governor, and the legislature regarding its findings and
recommendations.  Sets forth the composition of the committee.  

SECTION 1.04. RESPONSIBILITIES OF COMMITTEE. Sets forth the
responsibilities of the committee.  Requires the committee to consult
nationally recognized experts in the field of lay community health outreach
workers, in conducting its activities.  Requires the committee to submit a
report to TDH, the governor, and the presiding officer of each house of the
legislature that includes the committee's findings and recommendations, no
later than December 31, 2000. 

 SECTION 1.05. MEDICAID/CHIP PROMOTORA PILOT PROJECTS.  Authorizes the
committee to establish a series of neighborhood-based peer health outreach
and education pilot projects to demonstrate the feasibility and benefits of
employing promotoras to assist beneficiaries of the Medicaid managed care
and Children's Health Insurance Program (CHIP) program.  Sets forth the
activities of promotoras in any local pilot projects.  Authorizes the
commissioner of public health (commissioner) with the advice of the
committee to provide grants to local pilot projects in no more than five
areas in the state to provide partial support for the operation of the
pilot program in that area, subject to the availability of appropriations.
Authorizes the commissioner with the advice of the committee to adopt rules
relating to an application for grants and the use of funds granted to local
pilot projects.  Authorizes the commissioner to authorize a local pilot
project to obtain certain information, subject to the requirements of
federal law or regulations.  Provides that information that may be obtained
by a local pilot project under Subsection (e) of this section is limited to
the information that the commissioner with the advice of the committee
determines is necessary to achieve the purposes of the local pilot project.
Provides that the information obtained may include certain information from
a Medicaid recipient.  Authorizes confidential information obtained by a
local pilot project to be used by the local pilot project only for the
purposes for which it was obtained and may not be released by the local
pilot project to any other person than the person who is the subject of the
information.  Authorizes the commissioner to adopt rules that impose
additional restrictions on the use of the information. 

SECTION 1.06. FUNDING.  Requires TDH to pay for the costs of all activities
authorized or required under this article out of money appropriated to TDH
that may be used for that purpose. 

SECTION 1.07. EXPIRATION.  Provides that the committee is abolished and
this article expires September 1, 2001.   

ARTICLE 2. VOLUNTARY TRAINING AND REGULATION PROGRAM

SECTION 2.01.  AMENDMENT.  Amends Title 2B, Health and Safety Code, by
adding Chapter 46, as follows: 

CHAPTER 46. TRAINING AND REGULATION OF PROMOTORAS

 Sec. 46.001. DEFINITION.  Defines "promotora."

Sec. 46.002. PROMOTORA TRAINING PROGRAM.  Requires TDH to establish and
operate a program designed to train and educate persons who act as
promotoras.  Requires TDH, to the extent possible, to use as a resource the
uniform curriculum for training and educating promotoras developed by the
Health Education Training Centers Alliance of Texas, in establishing the
training program.  Provides that  participation in a training and education
program established under this section is voluntary. 

Sec. 46.003. CERTIFICATION PROGRAM FOR PROMOTORAS.  Requires TDH to
establish and operate a certification program for persons who act as
promotoras.  Requires the Texas Board of Health (board) to adopt rules that
provide minimum standards and guidelines.  Prohibits receipt of a
certificate issued under this section from being a requirement for a person
to act as a promotora. 

SECTION 2.02. PROGRAM ESTABLISHMENT; ADOPTION OF RULES.  Requires TDH to
establish the promotora training certification program required by Chapter
46, Health and Safety Code, as added by this article, no later than January
1, 2000.  Authorizes the board to adopt rules as necessary under Chapter
46, Health and Safety Code, as added by this article, no later than
December 1, 1999.  

ARTICLE 3. EFFECTIVE DATE; EMERGENCY

SECTION 3.01. Effective date: September 1, 1999.

SECTION 3.02. Emergency clause.