SRC-JBJ C.S.H.B. 3504 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 3504
76R15607 KLA-DBy: Solis, Jim (Lucio)
Health Services
5/12/1999
Committee Report (Substituted)


DIGEST 

Currently, the Texas Center for Infectious Diseases in San Antonio and the
South Texas Hospital in Harlingen treat tuberculosis in Texas.  The
institutions were built in 1954 and 1956, respectively, and were authorized
to treat persons with various respiratory ailments, quarantine individuals,
and to provide support services to the Texas Department of Health (TDH).
In 1983, the Texas Legislature broadened the scope of South Texas Hospital
to include surgical services, cancer screenings, and certain inpatient
services.  Today, the hospital serves as the major provider of sub-acute
indigent care in its region.   

In 1996, the Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), found serious design and structural deficiencies in both
facilities.  If they did not develop a plan to renovate the old facilities
or construct new ones, JCAHO would not re-accredit the facilities.  The
75th Legislature approved Rider 44 to direct TDH to develop a long-range
plan to determine the future of the two facilities.  C.S.H.B. 3505
establishes a long-range plan for the South Texas Hospital. 

PURPOSE

As proposed, C.S.H.B. 3504 establishes a long-range plan for the South
Texas Hospital in Harlingen. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  CONSTRUCTION OF NEW PHYSICAL FACILITIES FOR OUTPATIENT HEALTH
CARE SERVICES.  Requires the Texas Department of Health (TDH) to contract
for the construction of an initial physical facility for outpatient health
care services out of the fund appropriated to TDH.  Sets forth requirements
for the physical facility.  Requires the contract to specify that the
facility be designed and constructed to follow the provision of all
outpatient health care services provided at the South Texas Hospital (STH).
Requires the facility to be designed and constructed to allow for the
provision of additional outpatient health care services.  Requires a
facility that is colocated with the Regional Academic Health Center to be
designed and constructed to realize potential savings in using common
central utility plants and other resources.  Requires the board of regents
of the University of Texas System (board) to cooperate with TDH to
coordinate the structure and design of the physical facilities under
Subsection (a) and the Regional Academic Health Center to achieve maximum
efficient use of resources.   

SECTION 2.  OUTPATIENT HEALTH CARE SERVICES.  Requires the provision of all
outpatient tuberculosis services provided by STH to be transferred to the
initial facility.  Authorizes TDH to enter into one or more contracts with
public or private health care providers or entities for the management and
operation of those facilities and to provide outpatient health care.  

SECTION 3.  INPATIENT HEALTH CARE AND RELATED LABORATORY SERVICES. Requires
TDH to contract with certain providers located in the Rio Grande Valley to
provide health care, out of funds appropriated to TDH for impatient care. 

SECTION 4.  INTERIM RENOVATION OF PHYSICAL FACILITIES OF SOUTH TEXAS
HOSPITAL.  Requires TDH to contract for minimally necessary structural and
design renovations of the initial physical facility required by Section 1
of this Act of STH that are required for compliance  with state and federal
standards regarding access for disabled and for continued operation of the
hospital until construction of the new facility and the provision of those
services is completed. 

SECTION 5.  FUTURE OF SOUTH TEXAS HOSPITAL.  Requires the board to give the
Texas Department of Mental Health and Mental Retardation (MHMR) the first
option to lease the current physical facility of STH on completion of the
initial facility.  Requires the board to study and prepare leasing and
other options for potential future uses of the facilities if MHMR does not
lease the facilities.  
SECTION 6.  CONTINUATION OF SUPPORT SERVICES.  Requires TDH and the MHMR to
enter into an interagency contract to provide for continuation of support
services for the facility operated by MHMR that is colocated with STH, if
the new facility required by SECTION 1 is colocated with the Regional
Academic Health Center. 

SECTION 7.  DISPLACED EMPLOYEES OF SOUTH TEXAS HOSPITAL.  Requires TDH to
reassign a TDH employee working at STH, who is displaced as a result of the
contract, to an open position with TDH, and if not possible to reassign to
provide job assistance.  Requires a contract awarded by TDH to include a
provision that the contracting entity shall offer a displaced employee of
STH a position if the employee is qualified.   

SECTION 8.  TIME FRAME.  Requires TDH to enter into the contracts required
by this Act not later than September 1, 2000. 

SECTION 9.  AMENDMENTS.  (a)  Amends Chapter 814B, Government Code, by
adding Section 814.1043, as follows: 

Sec. 814.1043.  TEMPORARY SERVICE RETIREMENT OPTION FOR MEMBERS EMPLOYED AT
SOUTH TEXAS HOSPITAL.  Provides that this section applies only to TDH
employees at STH on or after the effective date of this section and on or
before September 1, 2000, and who separate from state service during that
time. Requires a member described by Subsection (a) to retire and receive a
service retirement annuity if the member's age and service credit would
meet age and other requirements. Provides that the annuity of a person who
retires under this subsection is computed on the person's accrued service
credit increased by three years.  Provides that a member under Subsection
(a) becomes eligible to retire and receive a service retirement annuity on
the date on which the member would have met the age and service
requirements had the member remained employed by the state.  Establishes
that the annuity of a person who retires under this subsection is computed
on the person's accrued service credit. Authorizes the time between the
member's separation from state service and reemployment to be used only to
compute eligibility for service retirement and not to be used to compute
the amount of any service retirement annuity, if the member is reemployed
by the state.  Requires an employee who retires under this section and TDH
to provide documentation required by the retirement system to establish
eligibility to retire under this section.   

(b)  Amends Section 13.003, Health and Safety Code, to provide that the
primary purpose of STH is to provide inpatient and outpatient services,
either directly or by contract with one or more public or private health
care providers or entities to the residents of the Lower Rio Grande Valley.
Authorizes the board to establish at STH outpatient health care services,
including diagnostic, treatment, disease management, and supportive care
services. 

SECTION 10.  Provides that this Act takes effect if a specific
appropriation for the implementation of this Act is provided in H.B. 1,
Acts of the 76th Legislature, Regular Session, 1999; otherwise, this Act
has no effect. 

SECTION 11.Emergency clause.
  Effective date: upon passage.