By: Madla S.B. No. 126
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and funding of a rural communities health
1-3 care investment program to attract and retain rural health care
1-4 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:
1-16 (A) located in a county with a population not
1-17 greater than 50,000;
1-18 (B) designated under state or federal law as:
1-19 (i) a health professional shortage area;
1-20 or
1-21 (ii) a medically underserved area; or
1-22 (C) designated a medically underserved community
1-23 by the Center for Rural Health Initiatives.
1-24 Sec. 106.302. ADVISORY PANEL. The center shall appoint an
1-25 advisory panel to assist in the center's duties under this
2-1 subchapter. The advisory panel must consist of at least:
2-2 (1) one representative from the Texas Higher Education
2-3 Coordinating Board;
2-4 (2) one representative from the institutions of higher
2-5 education having degree programs for the health professions
2-6 participating in the programs under this subchapter;
2-7 (3) one representative from a hospital in a medically
2-8 underserved community;
2-9 (4) one physician practicing in a medically
2-10 underserved community;
2-11 (5) one health professional, other than a physician,
2-12 practicing in a medically underserved community; and
2-13 (6) one public representative who resides in a
2-14 medically underserved community.
2-15 Sec. 106.303. LOAN REIMBURSEMENT PROGRAM. The executive
2-16 committee shall establish a program in the center to assist
2-17 communities in recruiting health professionals to practice in
2-18 medically underserved communities by providing loan reimbursement
2-19 for health professionals who agree to serve in those communities.
2-20 Sec. 106.304. STIPEND PROGRAM. The executive committee
2-21 shall establish a program in the center to assist communities in
2-22 recruiting health professionals to practice in medically
2-23 underserved communities by providing a stipend to health
2-24 professionals who agree to serve in those communities.
2-25 Sec. 106.305. CONTRACT REQUIRED. (a) A health professional
2-26 may receive assistance under this subchapter only if the health
3-1 professional signs a contract agreeing to provide health care
3-2 services in a medically underserved community.
3-3 (b) A student in a degree program preparing to become a
3-4 health professional may contract with the center for the loan
3-5 reimbursement program under Section 106.303 before obtaining the
3-6 license required to become a health professional.
3-7 (c) The center may contract with a health professional for
3-8 part-time services under the stipend program established under
3-9 Section 106.304.
3-10 (d) A health professional who participates in any loan
3-11 reimbursement program is not eligible for a stipend under Section
3-12 106.304.
3-13 (e) A contract under this section must provide that a health
3-14 professional who does not provide the required services to the
3-15 community or provides those services for less than the required
3-16 time is personally liable to the state for:
3-17 (1) the total amount of assistance the health
3-18 professional received from the center and the medically underserved
3-19 community;
3-20 (2) interest on the amount under Subdivision (1) at a
3-21 rate set by the executive committee; and
3-22 (3) the state's reasonable expenses incurred in
3-23 obtaining payment, including reasonable attorney's fees.
3-24 Sec. 106.306. POWERS AND DUTIES OF CENTER. (a) The
3-25 executive committee shall adopt rules necessary for the
3-26 administration of this subchapter, including guidelines for:
4-1 (1) developing contracts under which loan or stipend
4-2 recipients provide services to qualifying communities;
4-3 (2) identifying the duties of the state, state agency,
4-4 loan or stipend recipient, and medically underserved community
4-5 under the loan or stipend contract;
4-6 (3) determining a rate of interest to be charged under
4-7 Section 106.305(e)(2);
4-8 (4) insuring that a loan reimbursement or stipend
4-9 recipient provides Medicare or Medicaid patients access to health
4-10 services in qualifying communities;
4-11 (5) encouraging the use of telecommunications or
4-12 telemedicine, as appropriate;
4-13 (6) prioritizing the provision of loans and stipends
4-14 to health professionals who do not have access to any other state
4-15 loan forgiveness, loan repayment, or stipend program;
4-16 (7) prioritizing the provision of loans and stipends
4-17 to health professionals who are graduates of health professional
4-18 degree programs in this state;
4-19 (8) encouraging a medically underserved community
4-20 served by a loan repayment or stipend recipient to contribute to
4-21 the cost of the loan reimbursement or stipend when making a
4-22 contribution is feasible; and
4-23 (9) requiring a medically underserved community served
4-24 by a loan repayment or stipend recipient to assist the center in
4-25 contracting with the loan or stipend recipient who will serve that
4-26 community.
5-1 (b) The executive committee by rule may designate areas of
5-2 the state as medically underserved communities.
5-3 (c) The executive committee shall make reasonable efforts to
5-4 contract with health professionals from a variety of different
5-5 health professions.
5-6 Sec. 106.307. TRUST FUND. (a) The rural communities health
5-7 care investment program trust fund is created as a trust fund with
5-8 the comptroller and shall be administered by the center as trustee
5-9 on behalf of medically underserved communities.
5-10 (b) The center, as trustee of the rural communities health
5-11 care investment program trust fund, may accept and administer gifts
5-12 and grants from any public or private person or entity for the use
5-13 and benefit of any program described or created under this chapter.
5-14 SECTION 2. Subchapter C, Chapter 61, Education Code, is
5-15 amended by adding Section 61.0899 to read as follows:
5-16 Sec. 61.0899. ASSISTANCE IN CERTAIN RURAL HEALTH CARE LOAN
5-17 FORGIVENESS PROGRAMS. The board shall, in cooperation with the
5-18 Center for Rural Health Initiatives and the center's advisory panel
5-19 established under Section 106.302, Health and Safety Code, develop
5-20 a program to ensure that the board and any institution of higher
5-21 education shall seek to obtain the maximum amount of funds from any
5-22 source, including federal funds, to support programs to provide
5-23 student loan reimbursement or stipends for graduates of degree
5-24 programs in this state who practice or agree to practice in a
5-25 medically underserved community.
5-26 SECTION 3. This Act takes effect immediately if it receives
6-1 a vote of two-thirds of all the members elected to each house, as
6-2 provided by Section 39, Article III, Texas Constitution. If this
6-3 Act does not receive the vote necessary for immediate effect, this
6-4 Act takes effect September 1, 2001.