SRC-DBM C.S.S.B. 632 76(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 632
76R10001  KLA-DBy: Madla
Health Services
3/24/1999
Committee Report (Substituted)


DIGEST 

Currently, there are infrastructure and other problems at the Texas Center
for Infectious Disease (TCID) facility which jeopardize the accreditation
required by the Joint Commission on Accreditation of Healthcare
Organizations; this accreditation is necessary for hospitals to continue
collecting payments from Medicaid, Medicare, and private insurance, which
help fund a hospital's operations.  There are 13,000 individuals in Texas
with tuberculosis.  The most dangerous strain of tuberculosis is Multi-Drug
Resistant TB (MDRTB), which is resistant to drug therapy and can result in
medical costs of up to $250,000 per patient.  One individual who carries
tuberculosis or MDRTB can infect as many as 20 other individuals in one
year.  C.S.S.B. 632 would require the Texas Board of Health to contract for
the renovation and construction of the TCID and to contract with University
of Texas System board of regents for the coordination of medical management
of tuberculosis and communicable infectious disease throughout the state by
University of Texas Health Science Center at Tyler. 

PURPOSE

As proposed, C.S.S.B. 632 sets forth requirements for a long-range plan for
the Texas Center for Infectious Disease and for the management of
tuberculosis and communicable infectious disease and other health care and
laboratory services. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the University of Texas System board of
regents in SECTION 3(g) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  RENOVATION OR CONSTRUCTION OF PHYSICAL FACILITIES OF TEXAS
CENTER FOR INFECTIOUS DISEASE.  Requires the Texas Board of Health (TBH) to
contract for the renovation and construction of the Texas Center for
Infectious Disease (TCID). Sets forth the contract specifications.
Requires TBH, if TBH contracts for the construction of new physical
facilities under Subsection (a)(2), to ensure that the facilities are
constructed to allow for the provision of all tuberculosis health care
services and communicable infectious health care services and to contract
for minimally necessary structural and design renovations to the existing
physical facilities to meet certain requirements. 

SECTION 2.  TUBERCULOSIS AND COMMUNICABLE INFECTIOUS DISEASE HEALTH CARE
SERVICES.  Authorizes TBH to contract with the University of Texas System
board of regents (board), or any other public or private health care entity
or provider, to provide physicians or other health care services and
communicable infectious disease health care services, as designated by the
commissioner of public health, at the TCID or at another health care
facility in proximity to the center.  
SECTION 3.    MYCOBACTERIAL-MYCOLOGY RESEARCH LABORATORY.  (a)  Requires
the board to construct physical facilities for a mycobacterial-mycology
research laboratory located at The University of Texas Health Science
Center (UTHSC-SA) at San Antonio to replace the laboratory at the TCID
using funds appropriated to the University of Texas System (UT System). 

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

 (c)  Requires the board to manage and operate the mycobacterial-mycology
research laboratory at UTHSC-SA. 

(d)  Requires TBH and the board to adopt a joint memorandum of
understanding to facilitate and coordinate the transfer of the
mycobacterial-mycology research laboratory service from the TCID to
UTHSC-SA.  Requires the memorandum to coordinate the transfer of
mycobacterial research laboratory employees from Texas Department of Health
(TDH) to UT System.   
 
 (e)  Requires TBH and the board to adopt the memorandum of understanding.

(f)  Sets forth the events regarding the mycobacterial-mycology research
laboratory at the TCID which will occur on a date provided for by the
memorandum of understanding between TBH and the board. 

(g)  Requires the University of Texas System 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.
Requires TBH to contract with the board for the coordination of medical
management of tuberculosis throughout this state by The University of Texas
Health Science Center at Tyler(UTHSC-Tyler).  Sets forth what is authorized
to be included in the contract. 

SECTION 5. AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE DISEASE PATIENTS.
Authorizes TDH, in cooperation with the office of the governor, to
collaborate with the United States Immigration and Naturalization Service
(INS) to develop a formal agreement regarding transportation of
communicable disease patients through I NS checkpoints to TCID.  Requires
TDH to report the status of negotiations and provide a summary of the
department's activities relating to the agreement required by this section
to the 77th Texas Legislature. 

SECTION 6.  DISPLACED EMPLOYEES OF TEXAS CENTER FOR INFECTIOUS DISEASE.
Requires TDH, to the extent possible out of available funds, to reassign a
TDH employee who is employed at TCID to an open position with TDH for which
the TDH employee is qualified.  Sets forth the conditions of a TDH
employee's displacement including if the employee is displaced as a result
of the transfer of the mycobacterial-mycology research laboratory and in a
contract entered into by  TDH with the board or any other health care
entity or provider including a contracting party.  

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  TBH
contracts for the construction of new physical facilities for the TCID
under SECTION 1 of this Act.    
  
SECTION 8.  SCHEDULE.  Requires TBH to enter into the contracts required by
this Act not later than September 1, 2000, rather than January 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 not later than September 1, 2000, rather than January 1, 2000.
Requires TBH and UT System to adopt the joint memorandum of understanding
required by SECTION 3, rather than SECTION 4, of this Act not later than
September 1, 2000, rather than January 1, 2000.           

SECTION 9.  AMENDMENT.  Amends Chapter 814B, 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.  Provides that this
section applies only to employees whose positions with the TDH at TCID are
eliminated and who separate from state service as the result of a contract
with the board of regents of UT System or any other health care entity or
provider entered into on or after the effective date of this section and on
or before January 1, 2000 or the transfer of the mycobacterial-mycology
research laboratory to UTHSC-SA.  Provides that a member 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 under
Section 814.104(a) at the time the member separates from state service as
described by Subsection (a).  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 described by
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 for service retirement under Section 814.104(a) 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 under
Section 814.104(a).  Provides 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 prohibits the time from being used to compute the amount of any service
retirement annuity if a member described in Subsection (c) is reemployed by
the state before retirement.  Requires a member who applies to retire under
this section and  TDH to provide documentation required by the retirement
system to establish eligibility to retire under this section.  Provides
that this section applies only to positions eliminated on or after the
effective date of this section. 

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

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Adds a new heading; and requires TBH to renovate the existing physical
facilities and construct new facilities for TCID.  Requires a contract to
specify that the renovations include structural and design changes for
communicable infectious disease health care services, as designated by the
commissioner of public health, except for those services that the TBH
contracts to be provided at another health care facility, if the board
contracts for the renovation of the existing physical facilities under
Subsection (a)(1).  Requires TBH, if TBH contracts for the construction of
new physical facilities under Subsection (a)(2) to ensure that the
facilities are constructed to allow for the provision of all tuberculosis
health care services and communicable infectious health care services and
to contract for minimally necessary structural and design renovations to
the existing physical facilities to meet certain requirements. 

SECTION 2.

Adds a new heading, and authorizes, rather than requires, TBH to contract
with the board, or any other public or private health care entity or
provider, to provide physicians or, rather than all tuberculosis and, other
health care services and communicable infectious disease health care
services, as designated by the commissioner of public health, at the TCID
or at another health care facility in proximity to the center.  Deletes
text regarding services that are provided at TCID on the effective date of
this Act. 

SECTION 3.

Adds new heading.  (a)  Requires the board to construct physical facilities
for a mycobacterialmycology, rather than contract for the construction of
physical facilities for a tuberculosis, research laboratory located at
UTHSC-SA to replace the laboratory at the TCID using funds appropriated to
UT System. 

(b)  Requires the physical facilities constructed under Subsection (a) to
be adequate for the provision of all mycobacterial-mycology, rather than
tuberculosis, laboratory services provided on the effective date of this
Act, by the mycobacterial-mycology, rather than tuberculosis, research
laboratory located at the TCID.  Deletes text requiring the contract to
provide specifications. 

(c)  Requires the board to manage and operate the mycobacterial-mycology,
rather than tuberculosis, research laboratory at UTHSC-SA. 
 
(d)  Requires TBH and the board to adopt a joint memorandum of
understanding to facilitate and coordinate the transfer of the
mycobacterial-mycology, rather than tuberculosis, research laboratory
service from the TCID to UTHSC-SA.  Requires the memorandum to coordinate
the transfer of mycobacterial, rather than tuberculosis, research
laboratory employees from Texas Department of Health (TDH) to UT System.
Deletes text regarding if any employees are to be transferred, as
determined by UT System. 

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

(f)  Sets forth the events regarding the mycobacterial-mycology research
laboratory at the TCID which will occur on a date provided for by the
memorandum of understanding between TBH and the board. 

(g)  Requires the UT System board of regents, before, rather than after, a
transfer occurs, to adopt rules and regulations necessary for the
operation, control, and management of the mycobacterial-mycology research
laboratory at the UTHSC-SA that will take effect when the transfer occurs.
Deletes text regarding what effect a transfer has on a rule, policy,
procedure, decision, or form adopted by TDH relating to the management or
operation of the tuberculosis research laboratory at the TCID.  Deletes
text authorizing the secretary of state to adopt rules. 

SECTION 4.  

Requires, rather than authorizes, the TBH to contract with the board for
the coordination of medical management of tuberculosis throughout this
state by UTHSC-Tyler.  Sets forth what is authorized to be included in the
contract.  Makes a nonsubstantive change. 

SECTION 6.

 Requires TDH, to the extent possible out of available funds, to reassign a
TDH employee who is employed at TCID to an open position with TDH for which
the TDH employee is qualified. Sets forth the conditions of a TDH
employee's displacement including if the employee is displaced as a result
of the transfer of the mycobacterial-mycology research laboratory and in a
contract entered into by the TDH with the board or any other health care
entity or provider including a contracting party. 

SECTION 7.

Added section.  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 TBH contracts for the construction of new
physical facilities for the TCID under Section 1 of this Act. 

SECTION 8.  

Redesignated from existing SECTION 7.  Requires TBH to enter into the
contracts required by this Act not later than September 1, 2000, rather
than January 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 not later than September 1, 2000, rather than January
1, 2000.  Requires TBH and UT System to adopt the joint memorandum of
understanding required by SECTION 3, rather than SECTION 4, of this Act not
later than September 1, 2000, rather than January 1, 2000. 

SECTION 9.  

Redesignated from existing SECTION 8.  Provides that this section applies
only to employees whose positions with TDH at the TCID are eliminated and
who separate from state service as the result of a contract with the board
of regents of UT System or any other health care entity or provider entered
into on or after the effective date of this section and on or before
January 1, 2000 or the transfer of the mycobacterial-mycology, rather than
tuberculosis, research laboratory to UTHSC-SA. 

 SECTION 10.

 Redesignated from existing SECTION 9.