1-1 By: Madla S.B. No. 632 1-2 (In the Senate - Filed February 22, 1999; February 23, 1999, 1-3 read first time and referred to Committee on Health Services; 1-4 March 25, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; March 25, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 632 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 of 1-18 the Texas Center for Infectious Disease; or 1-19 (2) construction of new physical facilities for the 1-20 Texas Center for Infectious Disease. 1-21 (b) If the Texas Board of Health contracts for the 1-22 renovation of the existing physical facilities under Subdivision 1-23 (1), Subsection (a) of this section, the contract must specify 1-24 that the renovations include structural and design changes required 1-25 for: 1-26 (1) reaccreditation during 1999 by the Joint 1-27 Commission on Accreditation of Healthcare Organizations; 1-28 (2) compliance with Texas accessibility standards and 1-29 the federal Americans with Disabilities Act of 1990 (42 U.S.C. 1-30 Section 12101 et seq.), as amended; and 1-31 (3) the continued operation of the Texas Center for 1-32 Infectious Disease to provide all tuberculosis health care 1-33 services, communicable infectious disease health care services, as 1-34 designated by the commissioner of public health, and women's health 1-35 laboratory services that are provided at the center on the 1-36 effective date of this Act, except for those services that the 1-37 board contracts to be provided at another health care facility. 1-38 (c) If the Texas Board of Health contracts for the 1-39 construction of new physical facilities under Subdivision (2), 1-40 Subsection (a) of this section, the board shall: 1-41 (1) ensure that the facilities are constructed to 1-42 allow for the provision of all tuberculosis health care services, 1-43 communicable infectious disease health care services, as designated 1-44 by the commissioner of public health, and women's health laboratory 1-45 services that are provided at the center on the effective date of 1-46 this Act, except for those services that the board contracts to be 1-47 provided at another health care facility; and 1-48 (2) contract for minimally necessary structural and 1-49 design renovations to the existing physical facilities required 1-50 for: 1-51 (A) reaccreditation during 1999 by the Joint 1-52 Commission on Accreditation of Healthcare Organizations; 1-53 (B) compliance with Texas accessibility 1-54 standards and the federal Americans with Disabilities Act of 1990 1-55 (42 U.S.C. Section 12101 et seq.), as amended; and 1-56 (C) the continued operation of the existing 1-57 facilities until construction of new facilities is completed. 1-58 SECTION 2. TUBERCULOSIS AND COMMUNICABLE INFECTIOUS DISEASE 1-59 HEALTH CARESERVICES. The Texas Board of Health may contract with 1-60 the board of regents of The University of Texas System or any other 1-61 public or private health care entity or provider to provide 1-62 physicians or other health care professionals who will provide 1-63 tuberculosis health care services and communicable infectious 1-64 disease health care services, as designated by the commissioner of 2-1 public health, at the Texas Center for Infectious Disease or at 2-2 another health care facility in proximity to the center. 2-3 SECTION 3. MYCOBACTERIAL-MYCOLOGY RESEARCH LABORATORY. 2-4 (a) The board of regents of The University of Texas System shall 2-5 construct physical facilities for a mycobacterial-mycology research 2-6 laboratory located at The University of Texas Health Science Center 2-7 at San Antonio to replace the laboratory located at the Texas 2-8 Center for Infectious Disease using funds appropriated to The 2-9 University of Texas System for that purpose. 2-10 (b) The physical facilities constructed under Subsection (a) 2-11 of this section must be adequate for the provision of all 2-12 mycobacterial-mycology laboratory services provided on the 2-13 effective date of this Act by the mycobacterial-mycology research 2-14 laboratory located at the Texas Center for Infectious Disease. 2-15 (c) The board of regents of The University of Texas System 2-16 shall manage and operate the mycobacterial-mycology research 2-17 laboratory at The University of Texas Health Science Center at San 2-18 Antonio. 2-19 (d) The Texas Board of Health and the board of regents of 2-20 The University of Texas System shall adopt a joint memorandum of 2-21 understanding to facilitate and coordinate the transfer of the 2-22 mycobacterial-mycology research laboratory services from the Texas 2-23 Center for Infectious Disease to The University of Texas Health 2-24 Science Center at San Antonio. The memorandum shall coordinate the 2-25 transfer of mycobacterial-mycology research laboratory employees 2-26 from the Texas Department of Health to The University of Texas 2-27 System. 2-28 (e) The Texas Board of Health and the board of regents of 2-29 The University of Texas System shall adopt the memorandum of 2-30 understanding. 2-31 (f) On a date provided by the memorandum of understanding 2-32 between the Texas Board of Health and the board of regents of The 2-33 University of Texas System: 2-34 (1) the mycobacterial-mycology research laboratory at 2-35 the Texas Center for Infectious Disease shall close; 2-36 (2) all powers, duties, functions, programs, and 2-37 activities of the Texas Department of Health that relate to the 2-38 management or operation of the mycobacterial-mycology research 2-39 laboratory at the Texas Center for Infectious Disease are 2-40 transferred to The University of Texas System and the 2-41 mycobacterial-mycology research laboratory at The University of 2-42 Texas Health Science Center at San Antonio, as appropriate; 2-43 (3) all rights, contracts, records, and property in 2-44 the custody of the Texas Department of Health that relate to the 2-45 management or operation of the mycobacterial-mycology research 2-46 laboratory at the Texas Center for Infectious Disease and all funds 2-47 appropriated by the legislature to the Texas Department of Health 2-48 that relate to the management or operation of the 2-49 mycobacterial-mycology research laboratory are transferred to The 2-50 University of Texas System; and 2-51 (4) a reference in law to the Texas Department of 2-52 Health or the Texas Board of Health that relates to the management 2-53 or operation of the mycobacterial-mycology research laboratory 2-54 means The University of Texas System or The University of Texas 2-55 Health Science Center at San Antonio, as appropriate. 2-56 (g) Before a transfer occurs, the board of regents of The 2-57 University of Texas System shall adopt rules and regulations 2-58 necessary for the operation, control, and management of the 2-59 mycobacterial-mycology research laboratory at The University of 2-60 Texas Health Science Center at San Antonio that will take effect 2-61 when the transfer occurs. 2-62 SECTION 4. STATEWIDE COORDINATION OF MEDICAL MANAGEMENT OF 2-63 TUBERCULOSIS. The Texas Board of Health shall contract with the 2-64 board of regents of The University of Texas System for the 2-65 coordination of medical management of tuberculosis throughout this 2-66 state by The University of Texas Health Science Center at Tyler. 2-67 The contract may require that the statewide coordination of medical 2-68 management of tuberculosis include: 2-69 (1) providing a full-time medical director to direct 3-1 the provision of tuberculosis health care services; 3-2 (2) managing a state tuberculosis education center; 3-3 and 3-4 (3) for all health care facilities operated by the 3-5 Texas Department of Health that provide tuberculosis health care 3-6 services: 3-7 (A) credentialing of medical directors of 3-8 tuberculosis programs; 3-9 (B) providing tuberculosis education, medical 3-10 consultations, including telemedical consultations, and oversight 3-11 of and protocols for inpatient tuberculosis management; and 3-12 (C) determining appropriate placement of 3-13 tuberculosis patients. 3-14 SECTION 5. AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE 3-15 DISEASE PATIENTS. (a) The Texas Department of Health, in 3-16 cooperation with the office of the governor, shall collaborate with 3-17 the United States Immigration and Naturalization Service to develop 3-18 a formal agreement regarding transportation of communicable disease 3-19 patients through Immigration and Naturalization Service checkpoints 3-20 to the Texas Center for Infectious Disease. 3-21 (b) The Texas Department of Health shall report the status 3-22 of negotiations and a summary of the department's activities 3-23 relating to the agreement required by this section to the 77th 3-24 Texas Legislature. 3-25 SECTION 6. DISPLACED EMPLOYEES OF TEXAS CENTER FOR 3-26 INFECTIOUS DISEASE. (a) To the extent possible out of available 3-27 funds appropriated to the Texas Department of Health, the 3-28 department shall reassign a member of the employee class of the 3-29 department who is employed at the Texas Center for Infectious 3-30 Disease to an open position within the department for which the 3-31 member is qualified if the member's employment position is 3-32 displaced as a result of: 3-33 (1) a contract entered into by the Texas Department of 3-34 Health under this Act; or 3-35 (2) the transfer of the mycobacterial-mycology 3-36 research laboratory from the Texas Center for Infectious Disease to 3-37 The University of Texas Health Science Center at San Antonio. 3-38 (b) A contract entered into by the Texas Department of 3-39 Health with the board of regents of The University of Texas System 3-40 or any other health care entity or provider under this Act must 3-41 include a requirement that, to the maximum extent possible as 3-42 determined by the contracting party, the contracting party offer an 3-43 employee of the Texas Center for Infectious Disease whose position 3-44 is displaced as a result of the contract a similar employment 3-45 position with the contracting party. 3-46 SECTION 7. FUTURE USE OF EXISTING FACILITIES. If the Texas 3-47 Board of Health contracts for the construction of new physical 3-48 facilities for the Texas Center for Infectious Disease under 3-49 Section 1 of this Act, the board and the General Services 3-50 Commission shall collaborate to prepare leasing and other options 3-51 for potential future uses of the existing physical facilities on 3-52 completion of construction of the new physical facilities. 3-53 SECTION 8. SCHEDULE. (a) Not later than September 1, 2000, 3-54 the Texas Board of Health shall enter into the contracts required 3-55 by this Act. 3-56 (b) Not later than September 1, 2000, The University of 3-57 Texas System shall enter into a contract for the construction of 3-58 physical facilities for the research laboratory required by Section 3-59 3 of this Act. 3-60 (c) Not later than September 1, 2000, the Texas Board of 3-61 Health and the board of regents of The University of Texas System 3-62 shall adopt the joint memorandum of understanding required by 3-63 Section 3 of this Act. 3-64 SECTION 9. AMENDMENT. Subchapter B, Chapter 814, Government 3-65 Code, is amended by adding Section 814.1042 to read as follows: 3-66 Sec. 814.1042. TEMPORARY SERVICE RETIREMENT OPTION FOR 3-67 MEMBERS AFFECTED BY CONTRACTS ENTERED INTO BY TEXAS DEPARTMENT OF 3-68 HEALTH. (a) This section applies only to members of the employee 3-69 class whose positions with the Texas Department of Health at the 4-1 Texas Center for Infectious Disease are eliminated and who separate 4-2 from state service as a result of: 4-3 (1) a contract with the board of regents of The 4-4 University of Texas System or any other health care entity or 4-5 provider entered into on or after the effective date of this 4-6 section and on or before September 1, 2000; or 4-7 (2) the transfer of the mycobacterial-mycology 4-8 research laboratory to The University of Texas Health Science 4-9 Center at San Antonio. 4-10 (b) A member described by Subsection (a) is eligible to 4-11 retire and receive a service retirement annuity if the member's age 4-12 and service credit, each increased by three years, would meet age 4-13 and service requirements for service retirement under Section 4-14 814.104(a) at the time the member separates from state service as 4-15 described by Subsection (a). The annuity of a person who retires 4-16 under this subsection is computed on the person's accrued service 4-17 credit increased by three years. 4-18 (c) A member described by Subsection (a) becomes eligible to 4-19 retire and receive a service retirement annuity on the date on 4-20 which the member would have met the age and service requirements 4-21 for service retirement under Section 814.104(a) had the member 4-22 remained employed by the state if, on the date of separation from 4-23 state service, the member's age and service credit, each increased 4-24 by five years, would meet age and service requirements for service 4-25 retirement under Section 814.104(a). The annuity of a person who 4-26 retires under this subsection is computed on the person's accrued 4-27 service credit. 4-28 (d) If a member described by Subsection (c) is reemployed by 4-29 the state before retirement, the time between the member's 4-30 separation from state service and reemployment may be used only to 4-31 compute eligibility for service retirement and may not be used to 4-32 compute the amount of any service retirement annuity. 4-33 (e) A member who applies to retire under this section and 4-34 the Texas Department of Health shall provide documentation required 4-35 by the retirement system to establish eligibility to retire under 4-36 this section. 4-37 (f) This section applies only to positions eliminated on or 4-38 after the effective date of this section. 4-39 SECTION 10. EMERGENCY. The importance of this legislation 4-40 and the crowded condition of the calendars in both houses create an 4-41 emergency and an imperative public necessity that the 4-42 constitutional rule requiring bills to be read on three several 4-43 days in each house be suspended, and this rule is hereby suspended, 4-44 and that this Act take effect and be in force from and after its 4-45 passage, and it is so enacted. 4-46 * * * * *