By Turner of Coleman H.B. No. 246
77R115 JAT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and funding of the Rural Communities
1-3 Health Care Investment Program to attract and retain rural health
1-4 care professionals.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 106, Health and Safety Code, is amended
1-7 by adding Subchapter H to read as follows:
1-8 SUBCHAPTER H. RURAL COMMUNITIES HEALTH CARE INVESTMENT PROGRAM
1-9 Sec. 106.301. DEFINITIONS. In this subchapter:
1-10 (1) "Health professional" means a person who holds a
1-11 license, certificate, registration, permit, or other form of
1-12 authorization required by law or a state agency rule that must be
1-13 obtained by an individual to practice in a health care profession.
1-14 (2) "Medically underserved community" means a
1-15 community that meets criteria adopted by the center by rule,
1-16 considering relevant demographic, geographic, and environmental
1-17 factors.
1-18 Sec. 106.302. ADVISORY PANEL. The center shall appoint an
1-19 advisory panel to assist in the center's duties under this
1-20 subchapter. The advisory panel must consist of at least:
1-21 (1) one representative from the Texas Higher Education
1-22 Coordinating Board;
1-23 (2) one representative from the institutions of higher
1-24 education having degree programs for the health professions
2-1 participating in the programs under this subchapter;
2-2 (3) one representative from a hospital in a medically
2-3 underserved community;
2-4 (4) one physician practicing in a medically
2-5 underserved community;
2-6 (5) one health professional, other than a physician,
2-7 practicing in a medically underserved community; and
2-8 (6) one public representative who resides in a
2-9 medically underserved community.
2-10 Sec. 106.303. LOAN REIMBURSEMENT PROGRAM. The executive
2-11 committee shall establish a program in the center to assist
2-12 communities in recruiting health professionals to practice in
2-13 medically underserved communities by providing loan reimbursement
2-14 for health professionals who agree to serve in those communities.
2-15 Sec. 106.304. STIPEND PROGRAM. The executive committee shall
2-16 establish a program in the center to assist communities in
2-17 recruiting health professionals to practice in medically
2-18 underserved communities by providing a stipend to health
2-19 professionals who agree to serve in those communities.
2-20 Sec. 106.305. CONTRACT REQUIRED. (a) A health professional
2-21 may receive assistance under this subchapter only if the health
2-22 professional signs a contract agreeing to provide health care
2-23 services in a medically underserved community.
2-24 (b) A student in a degree program preparing to become a
2-25 health professional may contract with the center for the loan
2-26 reimbursement program under Section 106.303 before obtaining the
2-27 license required to become a health professional.
3-1 (c) The center may contract with a health professional for
3-2 part-time services under the stipend program established under
3-3 Section 106.304.
3-4 (d) A health professional who participates in any loan
3-5 reimbursement program is not eligible for a stipend under Section
3-6 106.304.
3-7 (e) A contract under this section must provide that a health
3-8 professional who does not provide the required services to the
3-9 community or provides those services for less than the required
3-10 time is personally liable to the state for:
3-11 (1) the total amount of assistance the health
3-12 professional received from the center and the medically underserved
3-13 community;
3-14 (2) interest on the amount under Subdivision (1) at a
3-15 rate set by the executive committee; and
3-16 (3) the state's reasonable expenses incurred in
3-17 obtaining payment, including reasonable attorney's fees.
3-18 Sec. 106.306. POWERS AND DUTIES OF CENTER. (a) The
3-19 executive committee shall adopt rules necessary for the
3-20 administration of this subchapter, including guidelines for:
3-21 (1) developing contracts under which loan or stipend
3-22 recipients provide services to qualifying communities;
3-23 (2) identifying the duties of the state, state agency,
3-24 loan or stipend recipient, and medically underserved community
3-25 under the loan or stipend contract;
3-26 (3) determining a rate of interest to be charged under
3-27 Section 106.305(e)(2);
4-1 (4) insuring that a loan reimbursement or stipend
4-2 recipient provides Medicare or Medicaid patients access to health
4-3 services in qualifying communities;
4-4 (5) encouraging the use of telecommunications or
4-5 telemedicine, as appropriate;
4-6 (6) prioritizing the provision of loans and stipends
4-7 to health professionals who do not have access to any other state
4-8 loan forgiveness, loan repayment, or stipend program;
4-9 (7) prioritizing the provision of loans and stipends
4-10 to health professionals who are graduates of health professional
4-11 degree programs in this state;
4-12 (8) encouraging a medically underserved community
4-13 served by a loan repayment or stipend recipient to contribute to
4-14 the cost of the loan reimbursement or stipend when making a
4-15 contribution is feasible; and
4-16 (9) requiring a medically underserved community served
4-17 by a loan repayment or stipend recipient to assist the center in
4-18 contracting with the loan or stipend recipient who will serve that
4-19 community.
4-20 (b) The executive committee by rule may designate areas of
4-21 the state as medically underserved communities.
4-22 (c) The executive committee shall make reasonable efforts to
4-23 contract with health professionals from a variety of different
4-24 health professions.
4-25 Sec. 106.307. TRUST FUND. (a) The rural communities health
4-26 care investment program trust fund is created as a trust fund with
4-27 the state comptroller and shall be administered by the center as
5-1 trustee on behalf of medically underserved communities.
5-2 (b) The center, as trustee of the rural communities health
5-3 care investment trust fund, may accept and administer gifts and
5-4 grants from any public or private person or entity for the use and
5-5 benefit of any program described or created under this chapter.
5-6 SECTION 2. Subchapter C, Chapter 61, Education Code, is
5-7 amended by adding Section 61.0899 to read as follows:
5-8 Sec. 61.0899. ASSISTANCE IN CERTAIN RURAL HEALTH CARE LOAN
5-9 FORGIVENESS PROGRAMS. The board shall, in cooperation with the
5-10 Center for Rural Health Initiatives and the center's advisory panel
5-11 established under Section 106.302, Health and Safety Code, develop
5-12 a program to ensure that the board and any institution of higher
5-13 education shall seek to obtain the maximum amount of funds from any
5-14 source, including federal funds, to support programs to provide
5-15 student loan reimbursement or stipends for graduates of degree
5-16 programs in this state who practice or agree to practice in a
5-17 medically underserved community.
5-18 SECTION 3. This Act takes effect immediately if it receives
5-19 a vote of two-thirds of all the members elected to each house, as
5-20 provided by Section 39, Article III, Texas Constitution. If this
5-21 Act does not receive the vote necessary for immediate effect, this
5-22 Act takes effect September 1, 2001.