SRC-DBM S.B. 1614 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1614
76R8792  KLA-DBy: Lucio
Health Services
4/18/1999
As Filed


DIGEST 

South Texas Hospital began in the mid-1950s as the Harlingen State
Tuberculosis Hospital with a bed capacity of 565.  The Center for Disease
Control recently reported that the Rio Grande Valley has one of the highest
rates of tuberculosis and medical drug resistant tuberculosis.  In 1983,
the legislature broadened the hospital's mission and changed its name to
the South Texas Hospital since it primarily serves the residents of
Cameron, Hidalgo, Starr, and Willacy counties.  In 1989, the legislature
authorized the hospital to establish cancer screening, diagnostic and
education services, and obstetrical and gynecological services.  S.B. 1614
would set forth provisions relating to the long-range plan for the South
Texas Hospital and tuberculosis and other health care services in the lower
Rio Grande Valley. 

PURPOSE

As proposed, S.B. 1614 sets forth provisions relating to the long-range
plan for the South Texas Hospital and the provision of tuberculosis and
other health care services in the lower Rio Grande Valley. 

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 FACILITY FOR OUTPATIENT HEALTH
CARE SERVICES.  Requires the Texas Department of Health (department) to
contract for the construction of  a new physical facility for outpatient
health care services (facility) out of funds appropriated to the department
for that purpose.  Sets forth the physical facility requirements.  Requires
the contract under this section to specify that the physical facility be
designed and constructed to allow for the provision of all outpatient
health care services.  Requires, to the maximum extent possible, a facility
and the Regional Academic Health Center to be designed and constructed
together to realize potential savings in construction costs and long-term
maintenance and operations costs by using common central utility plants,
cafeterias, laundry facilities, maintenance facilities, and other support
facilities, if the physical facility constructed under Subsection (a) of
this section is co-located with the Regional Academic Health Center.
Requires the board of regents of the University of Texas System to
cooperate with the department to coordinate the structure and design of the
physical facilities of the facility constructed under Subsection (a) of
this section and the Regional Academic Center to achieve a maximally
efficient use of resources. 

SECTION 2.  OUTPATIENT HEALTH CARE SERVICES.  Requires, on completion of a
new physical facility required by SECTION 1 of this Act, the provision of
all outpatient health care services, including outpatient tuberculosis
services, provided by the South Texas Hospital (STH) on the effective date
of this Act to be transferred to the new physical facility.  Authorizes the
department to contract with a political subdivision for the management and
operation of the physical facility constructed under SECTION 1 of this Act
and for the provision of outpatient health care services at the facility. 

SECTION 3.  INPATIENT HEALTH CARE AND LABORATORY SERVICES.  Requires the
department, out of funds appropriated to the department, to contract with
any public or private health care provider or entity for the provision of
inpatient health care services, including inpatient tuberculosis services,
and laboratory services provided by the STH on the effective date of this
Act.  Requires, after entering into contracts required by Subsection (a) of
this section, the STH to cease to provide inpatient health care services. 

 SECTION 4.  INTERIM RENOVATION OF PHYSICAL FACILITIES OF THE SOUTH TEXAS
HOSPITAL.  Requires the department, out of funds appropriated to the
department for the purpose of this section, to contract for minimally
necessary structural and design renovations to the physical facilities of
the STH required for reaccreditation during 1999 by the Joint Commission on
Accreditation of Healthcare Organizations, required for compliance with
Texas Accessibility Standards and the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Section 12101 et seq.), as amended, and required for
the continued operation of the STH to provide outpatient health care
services until construction of a new physical facility for the provision of
those services is completed. 

SECTION 5.  FUTURE OF THE SOUTH TEXAS HOSPITAL.  Sets forth when the STH is
required to close.  Requires the Texas Board of Health and the General
Services Commission to collaborate to prepare leasing and other options for
potential future uses of the physical facilities of the STH. 

SECTION 6.  CONTINUATION OF SUPPORT SERVICES.  Requires the department and
the Texas Department of  Mental Health and Mental Retardation (TXMHMR) to
enter into an interagency contract to provide for the continuation of
support services for the facility operated by TXMHMR that is co-located
with the STH.  Authorizes the contract to include a provision requiring the
department to continue providing employees for support facilities at the
site. 

SECTION 7.  DISPLACED EMPLOYEES OF THE SOUTH TEXAS HOSPITAL.  Requires, to
the extent possible out of available funds appropriated to the department,
the department to reassign a member of the employee class of the department
who is employed at the STH and whose position is displaced as a result of a
contract entered into by the department under this Act or the closing of
the STH to an open position within the department for which the member is
qualified.  Requires a contract awarded by the department under this Act to
include a provision that, to the maximum extent possible as determined by
the contracting entity, the contracting entity shall offer an employee of
the STH whose position is displaced as a result of the contract a similar
employment position with the contracting entity. 

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

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

Sec. 814.1043.  TEMPORARY SERVICE RETIREMENT OPTION FOR MEMBERS AFFECTED BY
THE TRANSFER OF SERVICES FROM THE SOUTH TEXAS HOSPITAL.  Provides that this
section applies only to members of the employee class whose positions with
the department at the STH are eliminated as a result of contracts with
public or private health care providers or entities or as a result of the
closing of the STH and who separate from state service at that time.
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 an annuity of a person who retires under this subsection is
computed on the person's accrued service credit.  Provides that if a member
described by Subsection (c) is reemployed by the state before retirement,
the time between the member's separation from state service and
reemployment may be used only to compute eligibility for service retirement
and may not be used to compute the amount of any service retirement
annuity.  Requires a member who applies to retire under this section and
the department to provide documentation required by the retirement system
to establish eligibility to retire under this section.  Sets forth how this
section applies only to positions eliminated on or after the effective date
of this section as a result of certain conditions. 

SECTION 10.  Requires the department to enter into contracts required by
this Act not later than September 1, 2000.   
 
SECTION 11.Emergency clause.
  Effective date:  upon passage.