By: Brown S.B. No. 347
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of health care, including prescription
1-3 drugs, for persons confined in institutions operated by the Texas
1-4 Department of Criminal Justice.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsections (a) and (c), Section 501.147,
1-7 Government Code, are amended to read as follows:
1-8 (a) The committee may enter into a contract on behalf of the
1-9 department to fully implement the managed health care plan under
1-10 this subchapter. A contract entered into under this subsection
1-11 must include provisions necessary to ensure that The University of
1-12 Texas Medical Branch at Galveston is eligible for and makes
1-13 reasonable efforts to participate in the purchase of prescription
1-14 drugs under Section 340B, Public Health Service Act (42 U.S.C.
1-15 Section 256b).
1-16 (c) In contracting for implementation of the managed health
1-17 care plan, the committee, to the extent possible, shall integrate
1-18 the managed health care provider network with the public medical
1-19 schools of this state and the component and affiliated hospitals of
1-20 those medical schools. The contract must authorize The University
1-21 of Texas Medical Branch at Galveston to contract directly with the
1-22 Texas Tech University Health Sciences Center for the provision of
1-23 health care services. The Texas Tech University Health Sciences
1-24 Center shall cooperate with The University of Texas Medical Branch
1-25 at Galveston in its efforts to participate in the purchase of
2-1 prescription drugs under Section 340B, Public Health Service Act
2-2 (42 U.S.C. Section 256b).
2-3 SECTION 2. Subsection (a), Section 501.148, Government Code,
2-4 is amended to read as follows:
2-5 (a) The committee shall:
2-6 (1) develop the contracts for health care services in
2-7 consultation with the department and the health care providers;
2-8 (2) determine a capitation rate reflecting the true
2-9 cost of correctional health care, including necessary catastrophic
2-10 reserves;
2-11 (3) monitor and develop reports on general quality of
2-12 care issues;
2-13 (4) act as an independent third party in the
2-14 allocation of money to inmate health care providers, including the
2-15 allocation of money between The University of Texas Medical Branch
2-16 at Galveston and the Texas Tech University Health Sciences Center;
2-17 (5) act as an independent third party for the purpose
2-18 of dispute resolution in the event of a disagreement relating to
2-19 inmate health care services between:
2-20 (A) the department and the health care
2-21 providers; or
2-22 (B) The University of Texas Medical Branch at
2-23 Galveston and the Texas Tech University Health Sciences Center; and
2-24 (6) enforce compliance with contract provisions,
2-25 including requiring corrective action if care does not meet
2-26 expectations as determined by quality of care monitoring
3-1 activities.
3-2 SECTION 3. The Correctional Managed Health Care Committee,
3-3 in cooperation with the Texas Department of Criminal Justice, shall
3-4 amend any existing contract for the implementation of the managed
3-5 health care plan established under Section 501.146, Government
3-6 Code, as necessary to meet the requirements imposed on the contract
3-7 under Subsections (a) and (c), Section 501.147, Government Code, as
3-8 amended by this Act, not later than January 1, 2002.
3-9 SECTION 4. This Act takes effect September 1, 2001.