76R13531 JRD-F                           
         By Capelo, Oliveira, Chavez, Van de Putte,            H.B. No. 1864
            Uresti
         Substitute the following for H.B. No. 1864:
         By Uresti                                         C.S.H.B. No. 1864
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the study and development of outreach and education
 1-3     programs for promotoras or community health workers under which
 1-4     community residents provide public health education services.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6             ARTICLE 1.  PROMOTORA PROGRAM DEVELOPMENT COMMITTEE
 1-7           SECTION 1.01.  PURPOSE.  The purpose of this article is to
 1-8     establish a temporary committee that will study certain issues
 1-9     related to the development of outreach and education programs for
1-10     promotoras or community health workers and that will advise the
1-11     Texas Department of Health, the governor, and the legislature
1-12     regarding its findings.
1-13           SECTION 1.02.  DEFINITIONS.  In this article:
1-14                 (1)  "CHIP" means the children's health insurance
1-15     program as created under Title XXI of the Social Security Act (42
1-16     U.S.C. Section 1397aa et seq.), as amended and as administered by
1-17     this state.
1-18                 (2)  "Commissioner" means the commissioner of public
1-19     health.
1-20                 (3)  "Committee" means the Promotora Program
1-21     Development Committee.
1-22                 (4)  "Department" means the Texas Department of Health.
1-23                 (5)  "Local pilot project" means a pilot project
1-24     operated in an area of this state under this article for the
 2-1     purpose of demonstrating the feasibility and benefits of employing
 2-2     promotoras to assist beneficiaries of the Medicaid managed care and
 2-3     CHIP programs.
 2-4                 (6)  "Medicaid managed care organization" means a
 2-5     managed care organization, as that term is defined by Section
 2-6     533.001, Government Code, that is operating a portion of the
 2-7     Medicaid managed care program under Chapter 533, Government Code.
 2-8                 (7)  "Promotora" or "community health worker" means a
 2-9     person who promotes health within the community in which the person
2-10     resides, without regard to whether the person is compensated, by
2-11     engaging in activities such as providing health education, making
2-12     referrals to health and social services providers, coaching
2-13     families on effective ways to access health services, conducting
2-14     needs assessments, identifying barriers to health care delivery,
2-15     making home visits, providing language services, collecting
2-16     information regarding the outcome of health services provided to
2-17     families, and acting as a liaison between families and health care
2-18     providers.
2-19           SECTION 1.03.  COMMITTEE.  (a)  The department shall
2-20     establish the committee to study the development of a framework for
2-21     a promotora development program and to advise the department, the
2-22     governor, and the legislature regarding its findings and
2-23     recommendations.
2-24           (b)  The committee is composed of the following 15 members:
2-25                 (1)  two representatives designated by the department,
2-26     each of whom must be department employees, one of whom must be
2-27     assigned to the department's bureau of managed care and one of whom
 3-1     must be assigned to the department's CHIP bureau;
 3-2                 (2)  one representative of the Texas Higher Education
 3-3     Coordinating Board designated by the board;
 3-4                 (3)  one representative of the Texas Tech University
 3-5     Health Science Center designated by the university;
 3-6                 (4)  two representatives of The Texas A&M University
 3-7     System designated by the system, one of whom must be from the
 3-8     Center for Housing and Urban Development in the Texas A&M
 3-9     University School of Architecture and one of whom must be from the
3-10     South Texas Center for Rural Public Health;
3-11                 (5)  two representatives of The University of Texas
3-12     System designated by the system, one of whom must be from the
3-13     system's Valley Border Health Coordination Office and one of whom
3-14     must be from the Health Education Training Centers Alliance of
3-15     Texas;
3-16                 (6)  one representative of the Texas Association of
3-17     Community Colleges designated by the association;
3-18                 (7)  two persons who are currently serving as
3-19     promotoras designated by the Texas Association of Community Health
3-20     Centers;
3-21                 (8)  one representative of the Texas Workforce
3-22     Commission, designated by the commission;
3-23                 (9)  one representative of the Texas-Mexico Border
3-24     Health Services Delivery Project, designated by The University of
3-25     Texas Health Science Center at Houston; and
3-26                 (10)  two representatives of the general public who are
3-27     not officers or employees of government designated by the State
 4-1     Office of Rural Health of the Center for Rural Health Initiatives.
 4-2           (c)  Chapter 2110, Government Code, does not apply to the
 4-3     committee, except Section 2110.005 does apply.
 4-4           (d)  A member of the committee is not entitled to
 4-5     compensation  for service on the committee.  Reasonable and
 4-6     necessary expenses incurred in performing duties as a member of the
 4-7     committee by a member of the committee who is an officer or
 4-8     employee of state government are reimbursed as expenses incurred in
 4-9     the performance of the member's duties as a state officer or
4-10     employee. The two members of the committee who are currently
4-11     serving as promotoras are entitled to reimbursement for reasonable
4-12     travel expenses incurred in performing duties as a member of the
4-13     committee in the manner provided by the General Appropriations Act
4-14     and out of appropriations to the department.  Other members of the
4-15     committee are not entitled to reimbursement for expenses.
4-16           (e)  The department shall provide staff support to the
4-17     committee.
4-18           (f)  The committee shall meet at the call of the presiding
4-19     officer of the committee, at the call of the commissioner, and as
4-20     provided by procedural rules or schedules adopted by the committee.
4-21           (g)  The committee shall elect its presiding officer from
4-22     among its members.
4-23           SECTION 1.04.  RESPONSIBILITIES OF COMMITTEE.  (a)  The
4-24     activities of the committee shall include the following:
4-25                 (1)  reviewing and assessing promotora programs
4-26     currently in operation around the state;
4-27                 (2)  studying the feasibility of establishing a
 5-1     standardized curriculum for promotoras;
 5-2                 (3)  studying the options for certification of
 5-3     promotoras and the settings in which certification may be
 5-4     appropriate;
 5-5                 (4)  assessing available methods to evaluate the
 5-6     success of promotora programs;
 5-7                 (5)  creating, overseeing, and advising local pilot
 5-8     projects established under this article, subject to the
 5-9     availability of appropriations that may be used for this purpose;
5-10     and
5-11                 (6)  evaluating the feasibility of seeking a federal
5-12     waiver so that promotora services may be included as a reimbursable
5-13     service provided under the state Medicaid program.
5-14           (b)  In conducting its activities, the committee shall
5-15     consult nationally recognized experts in the field of lay community
5-16     health outreach workers.
5-17           (c)  Not later than December 31, 2000, the committee shall
5-18     submit a report to the department, the governor, and the presiding
5-19     officer of each house of the legislature that includes the
5-20     committee's findings to date and its recommendations for the
5-21     program.
5-22           SECTION 1.05.  MEDICAID/CHIP PROMOTORA PILOT PROJECTS.   (a)
5-23     The committee may establish a series of neighborhood-based peer
5-24     health outreach and education pilot projects to demonstrate the
5-25     feasibility and benefits of employing promotoras to assist
5-26     beneficiaries of the Medicaid managed care and CHIP programs.
5-27           (b)  The activities of promotoras in any local pilot projects
 6-1     shall include:
 6-2                 (1)  educating beneficiaries of the programs on
 6-3     appropriate use of health care resources, including the use of any
 6-4     available Medicaid or CHIP managed care plan that provides coverage
 6-5     to beneficiaries and the effective use of  a beneficiary's primary
 6-6     care provider;
 6-7                 (2)  promoting regular use of preventive care services
 6-8     by beneficiaries of the programs, particularly prenatal care
 6-9     services and services available under the Early Periodic Screening,
6-10     Diagnosis, and Treatment Program;
6-11                 (3)  encouraging beneficiaries of the programs to
6-12     develop a basic family preventive health plan; and
6-13                 (4)  encouraging and supporting beneficiaries of the
6-14     programs in keeping appointments for health care, following up on
6-15     missed appointments, and complying with the instructions of health
6-16     care providers.
6-17           (c)  Subject to the availability of appropriations that may
6-18     be used for this purpose, the commissioner with the advice of the
6-19     committee may provide grants to local pilot projects in not more
6-20     than five areas in the state to provide partial support for the
6-21     operation of the pilot program in that area.
6-22           (d)  The commissioner with the advice of the committee may
6-23     adopt rules relating to an application for grants under this
6-24     section and to the use of funds granted to local pilot projects
6-25     under this section.
6-26           (e)  Subject to the requirements of federal law or
6-27     regulations, the commissioner may authorize a local pilot project
 7-1     to:
 7-2                 (1)  obtain confidential information from:
 7-3                       (A)  the department;
 7-4                       (B)  the Texas Department of Human Services;
 7-5                       (C)  the Health and Human Services Commission;
 7-6                       (D)  any contractor implementing a part of the
 7-7     state Medicaid program, including a Medicaid managed care
 7-8     organization; or
 7-9                       (E)  a health care provider providing services to
7-10     Medicaid recipients; and
7-11                 (2)  use the information obtained under Subdivision (1)
7-12     of this subsection to conduct the local pilot project in the area.
7-13           (f)  Information that may be obtained by a local pilot
7-14     project under Subsection (e) of this section is limited to the
7-15     information that the commissioner with the advice of the committee
7-16     determines is necessary to achieve the purposes of the local pilot
7-17     project.  The information obtained may include a Medicaid
7-18     recipient's:
7-19                 (1)  name, address, and telephone number;
7-20                 (2)  date of birth;
7-21                 (3)  Medicaid managed care plan and primary care
7-22     provider; and
7-23                 (4)  appointment scheduling information.
7-24           (g)  Confidential information obtained by a local pilot
7-25     project may be used by the local pilot project only for the
7-26     purposes for which it was obtained and may not be released by the
7-27     local pilot project to any person other than the person who is the
 8-1     subject of the information.  The commissioner may adopt rules that
 8-2     impose additional restrictions on the use of the information.
 8-3           SECTION 1.06.  FUNDING.  The department shall pay for the
 8-4     costs of all activities authorized or required under this article
 8-5     out of money appropriated to the department that may be used for
 8-6     that purpose.
 8-7           SECTION 1.07.  EXPIRATION.  The committee is abolished and
 8-8     this article expires September 1, 2001.
 8-9            ARTICLE 2.  VOLUNTARY TRAINING AND REGULATION PROGRAM
8-10           SECTION 2.01.  AMENDMENT.  Subtitle B, Title 2, Health and
8-11     Safety Code, is amended by adding Chapter 46 to read as follows:
8-12             CHAPTER 46.  TRAINING AND REGULATION OF PROMOTORAS
8-13           Sec. 46.001.  DEFINITION.  In this chapter, "promotora" means
8-14     a person who, with or without compensation, provides a bilingual
8-15     liaison between health care providers and patients through
8-16     activities that include assisting in case conferences, providing
8-17     patient education, making referrals to health and social services,
8-18     conducting needs assessments, distributing surveys to identify
8-19     barriers to health care delivery, making home visits, and providing
8-20     language services.
8-21           Sec. 46.002.  PROMOTORA TRAINING PROGRAM.  (a)  The
8-22     department shall establish and operate a program designed to train
8-23     and educate persons who act as promotoras.  In establishing the
8-24     training program, the department, to the extent possible, shall use
8-25     as a resource the uniform curriculum for training and educating
8-26     promotoras developed by the Health Education Training Centers
8-27     Alliance of Texas.
 9-1           (b)  Participation in a training and education program
 9-2     established under this section is voluntary.
 9-3           Sec. 46.003.  CERTIFICATION PROGRAM FOR PROMOTORAS.  (a)  The
 9-4     department shall establish and operate a certification program for
 9-5     persons who act as promotoras.  In establishing the program, the
 9-6     board shall adopt rules that provide minimum standards and
 9-7     guidelines, including participation in the training and education
 9-8     program under Section 46.002, for issuance of a certificate to a
 9-9     person under this section.
9-10           (b)  Receipt of a certificate issued under this section may
9-11     not be a requirement for a person to act as a promotora.
9-12           SECTION 2.02.  PROGRAM ESTABLISHMENT; ADOPTION OF RULES.  The
9-13     Texas Department of Health shall establish the  promotora training
9-14     and certification program required by Chapter 46, Health and Safety
9-15     Code, as added by this article, not later than January 1, 2000.
9-16     The Texas Board of Health shall adopt rules as necessary under
9-17     Chapter 46, Health and Safety Code, as added by this article, not
9-18     later than December 1, 1999.
9-19                    ARTICLE 3. EFFECTIVE DATE; EMERGENCY
9-20           SECTION 3.01.  EFFECTIVE DATE.  This Act takes effect
9-21     September 1, 1999.
9-22           SECTION 3.02.  EMERGENCY.  The importance of this legislation
9-23     and the crowded condition of the calendars in both houses create an
9-24     emergency and an imperative public necessity that the
9-25     constitutional rule requiring bills to be read on three several
9-26     days in each house be suspended, and this rule is hereby suspended.