1-1 By: Lucio S.B. No. 1614 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Health Services; 1-4 April 21, 1999, reported favorably by the following vote: Yeas 4, 1-5 Nays 0; April 21, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the long-range plan for the South Texas Hospital and 1-9 the provision of tuberculosis and other health care services in the 1-10 Lower Rio Grande Valley. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. CONSTRUCTION OF NEW PHYSICAL FACILITY FOR 1-13 OUTPATIENT HEALTH CARE SERVICES. (a) The Texas Department of 1-14 Health shall contract for the construction of a new physical 1-15 facility for outpatient health care services out of funds 1-16 appropriated to the department for that purpose. The physical 1-17 facility must be: 1-18 (1) located at the site of the South Texas Hospital; 1-19 or 1-20 (2) colocated with the Regional Academic Health Center 1-21 at a common site in Harlingen, Texas, and adjacent to the center. 1-22 (b) The contract under this section must specify that the 1-23 physical facility be designed and constructed to allow for the 1-24 provision of all outpatient health care services, including 1-25 outpatient tuberculosis services, provided at the South Texas 1-26 Hospital on the effective date of this Act. 1-27 (c) If the physical facility constructed under Subsection 1-28 (a) of this section is colocated with the Regional Academic Health 1-29 Center, the contract under this section must specify that, to the 1-30 maximum extent possible, that facility and the Regional Academic 1-31 Health Center must be designed and constructed together to realize 1-32 potential savings in construction costs and long-term maintenance 1-33 and operations costs by using common central utility plants, 1-34 cafeterias, laundry facilities, maintenance facilities, and other 1-35 support facilities. The board of regents of The University of 1-36 Texas System shall cooperate with the Texas Department of Health to 1-37 coordinate the structure and design of the physical facilities of 1-38 the facility constructed under Subsection (a) of this section and 1-39 the Regional Academic Health Center to achieve a maximally 1-40 efficient use of resources. 1-41 SECTION 2. OUTPATIENT HEALTH CARE SERVICES. (a) On 1-42 completion of a new physical facility required by Section 1 of this 1-43 Act, the provision of all outpatient health care services, 1-44 including outpatient tuberculosis services, provided by the South 1-45 Texas Hospital on the effective date of this Act shall be 1-46 transferred to the new physical facility. 1-47 (b) The Texas Department of Health may contract with a 1-48 political subdivision for the management and operation of the 1-49 physical facility constructed under Section 1 of this Act and for 1-50 the provision of outpatient health care services at the facility. 1-51 SECTION 3. INPATIENT HEALTH CARE AND LABORATORY SERVICES. 1-52 (a) Out of funds appropriated to the Texas Department of Health to 1-53 provide inpatient health care services, the department shall 1-54 contract with any public or private health care provider or entity 1-55 for the provision of inpatient health care services, including 1-56 inpatient tuberculosis services, and laboratory services provided 1-57 by the South Texas Hospital on the effective date of this Act. 1-58 (b) After entering into contracts required by Subsection (a) 1-59 of this section, the South Texas Hospital shall cease to provide 1-60 inpatient health care services. 1-61 SECTION 4. INTERIM RENOVATION OF PHYSICAL FACILITIES OF THE 1-62 SOUTH TEXAS HOSPITAL. Out of funds appropriated to the department 1-63 for the purpose of this section, the Texas Department of Health 1-64 shall contract for minimum necessary structural and design 2-1 renovations to the physical facilities of the South Texas Hospital 2-2 required for reaccreditation during 1999 by the Joint Commission on 2-3 Accreditation of Healthcare Organizations, required for compliance 2-4 with Texas Accessibility Standards and the federal Americans with 2-5 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.), as 2-6 amended, and required for the continued operation of the South 2-7 Texas Hospital to provide outpatient health care services until 2-8 construction of a new physical facility for the provision of those 2-9 services is completed. 2-10 SECTION 5. FUTURE OF THE SOUTH TEXAS HOSPITAL. (a) The 2-11 South Texas Hospital shall close after: 2-12 (1) the person with whom the Texas Department of 2-13 Health has contracted for the provision of inpatient health care 2-14 and laboratory services under Section 3 of this Act has begun 2-15 providing those services; and 2-16 (2) the provision of outpatient health care services 2-17 is transferred to a new physical facility as required by Section 2 2-18 of this Act. 2-19 (b) The Texas Board of Health and the General Services 2-20 Commission shall collaborate to prepare leasing and other options 2-21 for potential future uses of the physical facilities of the South 2-22 Texas Hospital. 2-23 SECTION 6. CONTINUATION OF SUPPORT SERVICES. (a) If the 2-24 new physical facility constructed as required by Section 1 of this 2-25 Act is colocated with the Regional Academic Health Center, the 2-26 Texas Department of Health and the Texas Department of Mental 2-27 Health and Mental Retardation shall enter into an interagency 2-28 contract to provide for the continuation of support services for 2-29 the facility operated by the Texas Department of Mental Health and 2-30 Mental Retardation that is colocated with the South Texas Hospital. 2-31 (b) The contract may include a provision requiring the Texas 2-32 Department of Health to continue providing employees for support 2-33 facilities at the site. 2-34 SECTION 7. DISPLACED EMPLOYEES OF THE SOUTH TEXAS HOSPITAL. 2-35 (a) To the extent possible out of available funds appropriated to 2-36 the Texas Department of Health, the department shall reassign a 2-37 member of the employee class of the department who is employed at 2-38 the South Texas Hospital and whose position is displaced as a 2-39 result of a contract entered into by the Texas Department of Health 2-40 under this Act or the closing of the South Texas Hospital to an 2-41 open position within the department for which the member is 2-42 qualified. 2-43 (b) A contract awarded by the Texas Department of Health 2-44 under this Act must include a provision that, to the maximum extent 2-45 possible as determined by the contracting entity, the contracting 2-46 entity shall offer an employee of the South Texas Hospital whose 2-47 position is displaced as a result of the contract a similar 2-48 employment position with the contracting entity. 2-49 SECTION 8. TIME FRAME. Not later than September 1, 2000, 2-50 the Texas Department of Health shall enter into the contracts 2-51 required by this Act. 2-52 SECTION 9. AMENDMENT. Subchapter B, Chapter 814, Government 2-53 Code, is amended by adding Section 814.1043 to read as follows: 2-54 Sec. 814.1043. TEMPORARY SERVICE RETIREMENT OPTION FOR 2-55 MEMBERS AFFECTED BY THE TRANSFER OF SERVICES FROM THE SOUTH TEXAS 2-56 HOSPITAL. (a) This section applies only to members of the 2-57 employee class whose positions with the Texas Department of Health 2-58 at the South Texas Hospital are eliminated as a result of contracts 2-59 with public or private health care providers or entities or as a 2-60 result of the closing of the South Texas Hospital and who separate 2-61 from state service at that time. 2-62 (b) A member described by Subsection (a) is eligible to 2-63 retire and receive a service retirement annuity if the member's age 2-64 and service credit, each increased by three years, would meet age 2-65 and service requirements for service retirement under Section 2-66 814.104(a) at the time the member separates from state service as 2-67 described by Subsection (a). The annuity of a person who retires 2-68 under this subsection is computed on the person's accrued service 2-69 credit increased by three years. 3-1 (c) A member described by Subsection (a) becomes eligible to 3-2 retire and receive a service retirement annuity on the date on 3-3 which the member would have met the age and service requirements 3-4 for service retirement under Section 814.104(a) had the member 3-5 remained employed by the state if, on the date of separation from 3-6 state service, the member's age and service credit, each increased 3-7 by five years, would meet age and service requirements for service 3-8 retirement under Section 814.104(a). The annuity of a person who 3-9 retires under this subsection is computed on the person's accrued 3-10 service credit. 3-11 (d) If a member described by Subsection (c) is reemployed by 3-12 the state before retirement, the time between the member's 3-13 separation from state service and reemployment may be used only to 3-14 compute eligibility for service retirement and may not be used to 3-15 compute the amount of any service retirement annuity. 3-16 (e) A member who applies to retire under this section and 3-17 the Texas Department of Health shall provide documentation required 3-18 by the retirement system to establish eligibility to retire under 3-19 this section. 3-20 (f) This section applies only to positions eliminated on or 3-21 after the effective date of this section as a result of: 3-22 (1) a contract with a public or private health care 3-23 provider or entity entered into on or before September 1, 2000; or 3-24 (2) the closing of the South Texas Hospital. 3-25 SECTION 10. SCHEDULE. Not later than September 1, 2000, the 3-26 Texas Department of Health shall enter into the contracts required 3-27 by this Act. 3-28 SECTION 11. EMERGENCY. The importance of this legislation 3-29 and the crowded condition of the calendars in both houses create an 3-30 emergency and an imperative public necessity that the 3-31 constitutional rule requiring bills to be read on three several 3-32 days in each house be suspended, and this rule is hereby suspended, 3-33 and that this Act take effect and be in force from and after its 3-34 passage, and it is so enacted. 3-35 * * * * *