SRC-DBM S.B. 566 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 566
76R4738  DLF-DBy: Moncrief
Health Services
4/23/1999
As Filed


DIGEST 

A study of the role of local government in providing public health services
was conducted by the Texas Department of Health, the Lyndon Baines Johnson
School of Public Affairs of the University of Texas, the Blackland Research
Center, and the school of Rural Public Health of the Texas A&M University
System.  The study found that there was a need to address public health
issues at a local level.  Public health services are defined as
population-based services that are directed toward protecting the health of
the general public.  S.B. 566 would set forth provisions and requirements
for public health services. 

PURPOSE

As proposed, S.B. 566 sets forth provisions and requirements for public
health services. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 2
(Section 121.0065(c), Chapter 121A, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 121.002, Health and Safety Code, as follows: 

Sec. 121.002.  New heading:  DEFINITIONS.  Defines "essential public health
services." Makes nonconforming changes. 

SECTION 2.  Amends Chapter 121A, Health and Safety Code, by amending
Section 121.006 and adding Sections 121.0065, 121.0066, and 121.0067, as
follows: 

Sec.  121.006.  New heading:  PUBLIC HEALTH SERVICES FEES.  Prohibits a
municipality, county, or public health district from denying essential
public health services to an individual because of inability to pay for the
service.  Makes a conforming change. 

Sec. 121.0065.  POPULATION-BASED GRANTS FOR ESSENTIAL PUBLIC HEALTH
SERVICES.  Requires the Texas Department of Health (department) to
administer a program under which appropriated funds may be granted to
counties and municipalities for use by the counties and municipalities to
provide or pay for essential public health services.  Requires the
department to determine the amount of a grant made under the program based
on the ratio that the population to be served  bears to the total number of
individuals to be served under all grants and by the department under
Section 121.0066.  Authorizes the Texas Board of Health (board) to adopt
rules governing:  the manner in which a municipality or county applies for
a grant; the procedures for awarding grants; and the minimum essential
public health services to be provided under the grant and other standards.
Requires a municipality or county that receives a grant under this section,
in consultation with the department, to develop a plan to permit the
evaluation of effectiveness, accessibility, and quality of the essential
public health services that are provided under the grant.  Sets forth the
information which must be included in the plan. Requires the governing body
of the municipality or the commissioners court of the county to appoint or
serve as a local health board to monitor the use of money received in order
to be eligible to receive a grant under this section.  Authorizes a public
health board established under Section 121.034 or 121.046 to serve as the
local health board required under this subsection. Authorizes the governing
body or commissioners court to appoint an advisory body committee to advise
the governing body or commissioners court with respect to the use of money
granted  under this section if the chosen governing body of the
municipality or the commissioners court of the county elects to serve as
the local health board.  Provides that Chapter 783, Government Code, and
standards adopted under that chapter control, if applicable, to a grant
made under this section, rather than if the local health unit, local health
department, or public health district receives state support for the
provision of public health services.  Makes a standard recodification
change. 

Sec. 121.0066.  ESSENTIAL PUBLIC HEALTH SERVICES PROVIDED BY DEPARTMENT.
Requires the department to provide essential public health services for a
population for which a municipality or county is not receiving a grant to
provide those services under Section 121.0065 and to develop a plan that
complies with Section 121.0065(d) to permit certain evaluations.  

Sec.  121.0067.  EVALUATION AND REPORT OF DELIVERY OF ESSENTIAL PUBLIC
HEALTH SERVICES.  Requires the department, in cooperation with
municipalities and counties that receive grants under Section 121.0065, to
evaluate the effectiveness, accessibility, and quality of essential health
services provided under the grant program established by Section 121.0065
and under Section 121.0066 and the adequacy of funding for those services.
Requires the department to file a report detailing the results of the
evaluation conducted under Subsection (a) with the governor and the
presiding officer of each house of the legislature. Authorizes the report
to include legislation to improve the effectiveness, accessibility, and
quality of essential public health services and appropriate funding for
those services.  Deletes the definition of "public health services." 

SECTION 3.  Amends Section 121.007(c), Health and Safety Code, to authorize
the regional director to perform the duties of a health authority, as
authorized by the board or commissioner, in a jurisdiction in the region in
which the health authority fails to perform duties prescribed by the board
under Section 121.024.  Requires the regional director to perform the
duties of a health authority in a jurisdiction in the region in which there
is no health authority.  Deletes text regarding a jurisdiction in the
region in which there is no health authority. 

SECTION 4.  Amends Section 121.028, Health and Safety Code, to require a
governing body of a municipality or the commissioners court of a county
that has not established a local health department or a public health
district and that is receiving a grant under Section 121.0065, to appoint a
physician as health authority to administer state or local laws relating to
public health in the municipality's or county's jurisdiction.  Authorizes
the governing body of a municipality or the commissioners court of a county
described by Subsection (a) that is not receiving a grant under Section
121.0065 to appoint a physician as health authority.  Authorizes an
individual appointed to serve as health authority for a county or
municipality to serve as the health authority for one or more other
jurisdictions under an interlocal contract made in accordance with Chapter
791, Government Code. 

SECTION 5.  Amends Section 121.032, Health and Safety Code, to delete
existing Subsection (b), regarding the minimum services required to be
provided. 

SECTION 6.  Amends Chapter 121F, Health and Safety Code, by adding
Subchapter F, as follows: 

SUBCHAPTER F.  LOCAL PUBLIC HEALTH CONSORTIUM

 Sec. 121.101.  DEFINITIONS.  Defines "consortium" and "health science
facility." 

Sec. 121.102.  CONSORTIUM ESTABLISHED.  Requires the department to
establish a local public health consortium composed of health science
facilities. 

Sec. 121.103.  DUTIES OF CONSORTIUM.  Sets forth requirements for the
consortium, in consultation with the department and local health units,
local health department departments, and public districts.  Requires the
training curricula described by Subsection (a) (1) to provide training
related to providing prevention services in conjunction with the delivery
of other public health services. 

SECTION 7.  (a)  Defines "board," "department," and "task force."

 (b)  Requires the department to establish a public health task force to
make recommendations to the board with respect to improving the competency
and capacity of the health care providers providing public health services
in this state. 

 (c)  Sets forth the composition of the task force.

 (d)  Requires the task force to make recommendations to the board not
later than June 1, 2001. 
 
(e)  Requires the board, not later than December 1, 2000, to submit a
written report to the governor, lieutenant governor, and speaker of the
house of representatives concerning the recommendations of the task force.
Sets forth the required information to be included in the report. 

 (f)  Requires the department to provide administrative support and
services to the task force. 

 (g)  Provides that this section expires and the task force is abolished on
June 1, 2001. 

SECTION 8.  Repealer:  Section 121.007(d), (Authorizes a regional director
to serve as health authority for a city, county, or public health district
in the absence or incapacity of the jurisdiction's appointed health
authority at the request of certain governing bodies and with the board's
concurrence). 

Repealer: Section 121.007(e), (Requires the board to adopt procedural rules
for requesting and concurring in the service by a regional director as
health authority under Subsection (d) and the rules are required to adopt
prevention of duplication of authority procedures).  

SECTION 9.Emergency clause.
  Effective date: upon passage.