By Solis of Cameron H.B. No. 3504 76R8792 KLA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the long-range plan for the South Texas Hospital and 1-3 the provision of tuberculosis and other health care services in the 1-4 Lower Rio Grande Valley. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. CONSTRUCTION OF NEW PHYSICAL FACILITY FOR 1-7 OUTPATIENT HEALTH CARE SERVICES. (a) The Texas Department of 1-8 Health shall contract for the construction of a new physical 1-9 facility for outpatient health care services out of funds 1-10 appropriated to the department for that purpose. The physical 1-11 facility must be: 1-12 (1) located at the site of the South Texas Hospital; 1-13 or 1-14 (2) colocated with the Regional Academic Health Center 1-15 at a common site in Harlingen, Texas, and adjacent to the center. 1-16 (b) The contract under this section must specify that the 1-17 physical facility be designed and constructed to allow for the 1-18 provision of all outpatient health care services, including 1-19 outpatient tuberculosis services, provided at the South Texas 1-20 Hospital on the effective date of this Act. 1-21 (c) If the physical facility constructed under Subsection 1-22 (a) of this section is colocated with the Regional Academic Health 1-23 Center, the contract under this section must specify that, to the 1-24 maximum extent possible, that facility and the Regional Academic 2-1 Health Center must be designed and constructed together to realize 2-2 potential savings in construction costs and long-term maintenance 2-3 and operations costs by using common central utility plants, 2-4 cafeterias, laundry facilities, maintenance facilities, and other 2-5 support facilities. The board of regents of The University of 2-6 Texas System shall cooperate with the Texas Department of Health to 2-7 coordinate the structure and design of the physical facilities of 2-8 the facility constructed under Subsection (a) of this section and 2-9 the Regional Academic Health Center to achieve a maximally 2-10 efficient use of resources. 2-11 SECTION 2. OUTPATIENT HEALTH CARE SERVICES. (a) On 2-12 completion of a new physical facility required by Section 1 of this 2-13 Act, the provision of all outpatient health care services, 2-14 including outpatient tuberculosis services, provided by the South 2-15 Texas Hospital on the effective date of this Act shall be 2-16 transferred to the new physical facility. 2-17 (b) The Texas Department of Health may contract with a 2-18 political subdivision for the management and operation of the 2-19 physical facility constructed under Section 1 of this Act and for 2-20 the provision of outpatient health care services at the facility. 2-21 SECTION 3. INPATIENT HEALTH CARE AND LABORATORY SERVICES. 2-22 (a) Out of funds appropriated to the Texas Department of Health 2-23 to provide inpatient health care services, the department shall 2-24 contract with any public or private health care provider or entity 2-25 for the provision of inpatient health care services, including 2-26 inpatient tuberculosis services, and laboratory services provided 2-27 by the South Texas Hospital on the effective date of this Act. 3-1 (b) After entering into contracts required by Subsection (a) 3-2 of this section, the South Texas Hospital shall cease to provide 3-3 inpatient health care services. 3-4 SECTION 4. INTERIM RENOVATION OF PHYSICAL FACILITIES OF THE 3-5 SOUTH TEXAS HOSPITAL. Out of funds appropriated to the department 3-6 for the purpose of this section, the Texas Department of Health 3-7 shall contract for minimally necessary structural and design 3-8 renovations to the physical facilities of the South Texas Hospital 3-9 required for reaccreditation during 1999 by the Joint Commission on 3-10 Accreditation of Healthcare Organizations, required for compliance 3-11 with Texas Accessibility Standards and the federal Americans with 3-12 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), as 3-13 amended, and required for the continued operation of the South 3-14 Texas Hospital to provide outpatient health care services until 3-15 construction of a new physical facility for the provision of those 3-16 services is completed. 3-17 SECTION 5. FUTURE OF THE SOUTH TEXAS HOSPITAL. (a) The 3-18 South Texas Hospital shall close after: 3-19 (1) the person with whom the department has contracted 3-20 for the provision of inpatient health care and laboratory services 3-21 under Section 3 of this Act has begun providing those services; and 3-22 (2) the provision of outpatient health care services 3-23 is transferred to a new physical facility as required by Section 2 3-24 of this Act. 3-25 (b) The Texas Board of Health and the General Services 3-26 Commission shall collaborate to prepare leasing and other options 3-27 for potential future uses of the physical facilities of the South 4-1 Texas Hospital. 4-2 SECTION 6. CONTINUATION OF SUPPORT SERVICES. (a) If the 4-3 new physical facility constructed as required by Section 1 of this 4-4 Act is colocated with the Regional Academic Health Center, the 4-5 Texas Department of Health and the Texas Department of Mental 4-6 Health and Mental Retardation shall enter into an interagency 4-7 contract to provide for the continuation of support services for 4-8 the facility operated by the Texas Department of Mental Health and 4-9 Mental Retardation that is colocated with the South Texas Hospital. 4-10 (b) The contract may include a provision requiring the Texas 4-11 Department of Health to continue providing employees for support 4-12 facilities at the site. 4-13 SECTION 7. DISPLACED EMPLOYEES OF THE SOUTH TEXAS HOSPITAL. 4-14 (a) To the extent possible out of available funds appropriated to 4-15 the Texas Department of Health, the department shall reassign a 4-16 member of the employee class of the department who is employed at 4-17 the South Texas Hospital and whose position is displaced as a 4-18 result of a contract entered into by the Texas Department of Health 4-19 under this Act or the closing of the South Texas Hospital to an 4-20 open position within the department for which the member is 4-21 qualified. 4-22 (b) A contract awarded by the Texas Department of Health 4-23 under this Act must include a provision that, to the maximum extent 4-24 possible as determined by the contracting entity, the contracting 4-25 entity shall offer an employee of the South Texas Hospital whose 4-26 position is displaced as a result of the contract a similar 4-27 employment position with the contracting entity. 5-1 SECTION 8. TIME FRAME. Not later than September 1, 2000, 5-2 the Texas Department of Health shall enter into the contracts 5-3 required by this Act. 5-4 SECTION 9. AMENDMENT. Subchapter B, Chapter 814, Government 5-5 Code, is amended by adding Section 814.1043 to read as follows: 5-6 Sec. 814.1043. TEMPORARY SERVICE RETIREMENT OPTION FOR 5-7 MEMBERS AFFECTED BY THE TRANSFER OF SERVICES FROM THE SOUTH TEXAS 5-8 HOSPITAL. (a) This section applies only to members of the 5-9 employee class whose positions with the Texas Department of Health 5-10 at the South Texas Hospital are eliminated as a result of contracts 5-11 with public or private health care providers or entities or as a 5-12 result of the closing of the South Texas Hospital and who separate 5-13 from state service at that time. 5-14 (b) A member described by Subsection (a) is eligible to 5-15 retire and receive a service retirement annuity if the member's 5-16 age and service credit, each increased by three years, would meet 5-17 age and service requirements for service retirement under Section 5-18 814.104(a) at the time the member separates from state service as 5-19 described by Subsection (a). The annuity of a person who retires 5-20 under this subsection is computed on the person's accrued service 5-21 credit increased by three years. 5-22 (c) A member described by Subsection (a) becomes eligible to 5-23 retire and receive a service retirement annuity on the date on 5-24 which the member would have met the age and service requirements 5-25 for service retirement under Section 814.104(a) had the member 5-26 remained employed by the state if, on the date of separation from 5-27 state service, the member's age and service credit, each increased 6-1 by five years, would meet age and service requirements for service 6-2 retirement under Section 814.104(a). The annuity of a person who 6-3 retires under this subsection is computed on the person's accrued 6-4 service credit. 6-5 (d) If a member described by Subsection (c) is reemployed by 6-6 the state before retirement, the time between the member's 6-7 separation from state service and reemployment may be used only to 6-8 compute eligibility for service retirement and may not be used to 6-9 compute the amount of any service retirement annuity. 6-10 (e) A member who applies to retire under this section and 6-11 the Texas Department of Health shall provide documentation required 6-12 by the retirement system to establish eligibility to retire under 6-13 this section. 6-14 (f) This section applies only to positions eliminated on or 6-15 after the effective date of this section as a result of: 6-16 (1) a contract with a public or private health care 6-17 provider or entity entered into on or before September 1, 2000; or 6-18 (2) the closing of the South Texas Hospital. 6-19 SECTION 10. SCHEDULE. Not later than September 1, 2000, the 6-20 Texas Department of Health shall enter into the contracts required 6-21 by this Act. 6-22 SECTION 11. EMERGENCY. The importance of this legislation 6-23 and the crowded condition of the calendars in both houses create an 6-24 emergency and an imperative public necessity that the 6-25 constitutional rule requiring bills to be read on three several 6-26 days in each house be suspended, and this rule is hereby suspended, 6-27 and that this Act take effect and be in force from and after its 7-1 passage, and it is so enacted.