1-1 By: Van De Putte, Uresti (Senate Sponsor - Madla) H.B. No. 1748 1-2 (In the Senate - Received from the House April 28, 1999; 1-3 April 29, 1999, read first time and referred to Committee on Health 1-4 Services; May 6, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; May 6, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1748 By: Madla 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the long-range plan for the Texas Center for Infectious 1-11 Disease and the provision of tuberculosis and communicable 1-12 infectious disease health care and laboratory services. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. RENOVATION OR CONSTRUCTION OF PHYSICAL FACILITIES 1-15 OF TEXAS CENTER FOR INFECTIOUS DISEASE. (a) The Texas Board of 1-16 Health shall contract for: 1-17 (1) renovation of the existing physical facilities, 1-18 including the mycobacterial-mycology research laboratory 1-19 facilities, of the Texas Center for Infectious Disease; or 1-20 (2) construction of new physical facilities, including 1-21 mycobacterial-mycology research laboratory facilities, for the 1-22 Texas Center for Infectious Disease. 1-23 (b) If the Texas Board of Health contracts for the 1-24 renovation of the existing physical facilities under Subsection 1-25 (a)(1), the contract must specify that the renovations include 1-26 structural and design changes required for: 1-27 (1) reaccreditation during 1999 by the Joint 1-28 Commission on Accreditation of Health Care Organizations; 1-29 (2) compliance with Texas accessibility standards and 1-30 the federal Americans with Disabilities Act of 1990 (42 U.S.C. 1-31 Section 12101 et seq.), as amended; and 1-32 (3) the continued operation of the Texas Center for 1-33 Infectious Disease to provide all tuberculosis health care 1-34 services, communicable infectious disease health care services, as 1-35 designated by the commissioner of public health, women's health 1-36 laboratory services, and mycobacterial-mycology research laboratory 1-37 services that are provided at the center on the effective date of 1-38 this Act, except for those services that the board contracts to be 1-39 provided at another health care facility. 1-40 (c) If the Texas Board of Health contracts for the 1-41 construction of new physical facilities under Subsection (a)(2), 1-42 the board shall: 1-43 (1) ensure that the facilities are constructed to 1-44 allow for the provision of all tuberculosis health care services, 1-45 communicable infectious disease health care services, as designated 1-46 by the commissioner of public health, women's health laboratory 1-47 services, and mycobacterial-mycology research laboratory services 1-48 that are provided at the center on the effective date of this Act, 1-49 except for those services that the board contracts to be provided 1-50 at another health care facility; and 1-51 (2) contract for minimally necessary structural and 1-52 design renovations to the existing physical facilities required 1-53 for: 1-54 (A) reaccreditation during 1999 by the Joint 1-55 Commission on Accreditation of Health Care Organizations; 1-56 (B) compliance with Texas accessibility 1-57 standards and the federal Americans with Disabilities Act of 1990 1-58 (42 U.S.C. Section 12101 et seq.), as amended; and 1-59 (C) the continued operation of the existing 1-60 facilities until construction of new facilities is completed. 1-61 SECTION 2. TUBERCULOSIS AND COMMUNICABLE INFECTIOUS DISEASE 1-62 HEALTH CARE SERVICES. The Texas Board of Health may contract with 1-63 the board of regents of The University of Texas System or any other 1-64 public or private health care entity or provider to provide 2-1 physicians or other health care professionals who will provide 2-2 tuberculosis health care services and communicable infectious 2-3 disease health care services, as designated by the commissioner of 2-4 public health, at the Texas Center for Infectious Disease or at 2-5 another health care facility in proximity to the center. 2-6 SECTION 3. STATEWIDE COORDINATION OF MEDICAL MANAGEMENT OF 2-7 TUBERCULOSIS. The Texas Board of Health shall contract with the 2-8 board of regents of The University of Texas System for the 2-9 coordination of medical management of tuberculosis throughout this 2-10 state by The University of Texas Health Science Center at Tyler. 2-11 The contract may require that the statewide coordination of medical 2-12 management of tuberculosis include: 2-13 (1) providing a full-time medical director to direct 2-14 the provision of tuberculosis health care services; 2-15 (2) managing a state tuberculosis education center; 2-16 and 2-17 (3) for all health care facilities operated by the 2-18 Texas Department of Health that provide tuberculosis health care 2-19 services: 2-20 (A) credentialling of medical directors of 2-21 tuberculosis programs; 2-22 (B) providing tuberculosis education, medical 2-23 consultations, including telemedical consultations, and oversight 2-24 of and protocols for inpatient tuberculosis management; and 2-25 (C) determining appropriate placement of 2-26 tuberculosis patients. 2-27 SECTION 4. AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE 2-28 DISEASE PATIENTS. (a) The Texas Department of Health, in 2-29 cooperation with the office of the governor, shall collaborate with 2-30 the United States Immigration and Naturalization Service to develop 2-31 a formal agreement regarding transportation of communicable disease 2-32 patients through Immigration and Naturalization Service checkpoints 2-33 to the Texas Center for Infectious Disease. 2-34 (b) The Texas Department of Health shall report the status 2-35 of negotiations and a summary of the department's activities 2-36 relating to the agreement required by this section to the 77th 2-37 Texas Legislature. 2-38 SECTION 5. DISPLACED EMPLOYEES OF TEXAS CENTER FOR 2-39 INFECTIOUS DISEASE. (a) To the extent possible out of available 2-40 funds appropriated to the Texas Department of Health, the 2-41 department shall reassign a member of the employee class of the 2-42 department who is employed at the Texas Center for Infectious 2-43 Disease to an open position within the department for which the 2-44 member is qualified if the member's employment position is 2-45 displaced as a result of a contract entered into by the Texas 2-46 Department of Health under this Act. 2-47 (b) A contract entered into by the Texas Department of 2-48 Health with the board of regents of The University of Texas System 2-49 or any other health care entity or provider under this Act must 2-50 include a requirement that, to the maximum extent possible as 2-51 determined by the contracting party, the contracting party offer an 2-52 employee of the Texas Center for Infectious Disease whose position 2-53 is displaced as a result of the contract a similar employment 2-54 position with the contracting party. 2-55 SECTION 6. FUTURE USE OF EXISTING FACILITIES. If the Texas 2-56 Board of Health contracts for the construction of new physical 2-57 facilities for the Texas Center for Infectious Disease under 2-58 Section 1 of this Act, the board, the Texas Department of Mental 2-59 Health and Mental Retardation, and the General Services Commission 2-60 shall collaborate to prepare leasing and other options for 2-61 potential future uses of the existing physical facilities on 2-62 completion of construction of the new physical facilities. 2-63 SECTION 7. SCHEDULE. Not later than September 1, 2000, the 2-64 Texas Board of Health shall enter into the contracts required by 2-65 this Act. 2-66 SECTION 8. AMENDMENT. Subchapter B, Chapter 814, Government 2-67 Code, is amended by adding Section 814.1042 to read as follows: 2-68 Sec. 814.1042. TEMPORARY SERVICE RETIREMENT OPTION FOR 2-69 MEMBERS AFFECTED BY CONTRACTS ENTERED INTO BY TEXAS DEPARTMENT OF 3-1 HEALTH. (a) This section applies only to members of the employee 3-2 class whose positions with the Texas Department of Health at the 3-3 Texas Center for Infectious Disease are eliminated and who separate 3-4 from state service as a result of a contract with the board of 3-5 regents of The University of Texas System or any other health care 3-6 entity or provider entered into on or after the effective date of 3-7 this section and on or before September 1, 2000. 3-8 (b) A member described by Subsection (a) is eligible to 3-9 retire and receive a service retirement annuity if the member's age 3-10 and service credit, each increased by three years, would meet age 3-11 and service requirements for service retirement under Section 3-12 814.104(a) at the time the member separates from state service as 3-13 described by Subsection (a). The annuity of a person who retires 3-14 under this subsection is computed on the person's accrued service 3-15 credit increased by three years. 3-16 (c) A member described by Subsection (a) becomes eligible 3-17 to retire and receive a service retirement annuity on the date on 3-18 which the member would have met the age and service requirements 3-19 for service retirement under Section 814.104(a) had the member 3-20 remained employed by the state if, on the date of separation from 3-21 state service, the member's age and service credit, each increased 3-22 by five years, would meet age and service requirements for service 3-23 retirement under Section 814.104(a). The annuity of a person who 3-24 retires under this subsection is computed on the person's accrued 3-25 service credit. 3-26 (d) If a member described by Subsection (c) is reemployed by 3-27 the state before retirement, the time between the member's 3-28 separation from state service and reemployment may be used only to 3-29 compute eligibility for service retirement and may not be used to 3-30 compute the amount of any service retirement annuity. 3-31 (e) A member who applies to retire under this section and 3-32 the Texas Department of Health shall provide documentation required 3-33 by the retirement system to establish eligibility to retire under 3-34 this section. 3-35 (f) This section applies only to positions eliminated on or 3-36 after the effective date of this section. 3-37 SECTION 9. CONTINGENT IMPLEMENTATION. The Texas Department 3-38 of Health is required to implement this Act only if the legislature 3-39 appropriates money specifically for that purpose. If the 3-40 legislature does not appropriate money specifically for that 3-41 purpose, the department is not required to implement this Act using 3-42 other appropriations available for the purpose. 3-43 SECTION 10. EMERGENCY. The importance of this legislation 3-44 and the crowded condition of the calendars in both houses create an 3-45 emergency and an imperative public necessity that the 3-46 constitutional rule requiring bills to be read on three several 3-47 days in each house be suspended, and this rule is hereby suspended, 3-48 and that this Act take effect and be in force from and after its 3-49 passage, and it is so enacted. 3-50 * * * * *