1-1 By: Brown S.B. No. 347 1-2 (In the Senate - Filed January 23, 2001; January 24, 2001, 1-3 read first time and referred to Committee on Criminal Justice; 1-4 February 20, 2001, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; 1-6 February 20, 2001, sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 347 By: West 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the provision of health care, including prescription 1-11 drugs, for persons confined in institutions operated by the Texas 1-12 Department of Criminal Justice. 1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-14 SECTION 1. Subsections (a) and (c), Section 501.147, 1-15 Government Code, are amended to read as follows: 1-16 (a) The committee may enter into a contract on behalf of the 1-17 department to fully implement the managed health care plan under 1-18 this subchapter. A contract entered into under this subsection 1-19 must include provisions necessary to ensure that The University of 1-20 Texas Medical Branch at Galveston is eligible for and makes 1-21 reasonable efforts to participate in the purchase of prescription 1-22 drugs under Section 340B, Public Health Service Act (42 U.S.C. 1-23 Section 256b). 1-24 (c) In contracting for implementation of the managed health 1-25 care plan, the committee, to the extent possible, shall integrate 1-26 the managed health care provider network with the public medical 1-27 schools of this state and the component and affiliated hospitals of 1-28 those medical schools. The contract must authorize The University 1-29 of Texas Medical Branch at Galveston to contract directly with the 1-30 Texas Tech University Health Sciences Center for the provision of 1-31 health care services. The Texas Tech University Health Sciences 1-32 Center shall cooperate with The University of Texas Medical Branch 1-33 at Galveston in its efforts to participate in the purchase of 1-34 prescription drugs under Section 340B, Public Health Service Act 1-35 (42 U.S.C. Section 256b). 1-36 SECTION 2. Subsection (a), Section 501.148, Government Code, 1-37 is amended to read as follows: 1-38 (a) The committee shall: 1-39 (1) develop the contracts for health care services in 1-40 consultation with the department and the health care providers; 1-41 (2) determine a capitation rate reflecting the true 1-42 cost of correctional health care, including necessary catastrophic 1-43 reserves; 1-44 (3) monitor and develop reports on general quality of 1-45 care issues; 1-46 (4) act as an independent third party in the 1-47 allocation of money to inmate health care providers, including the 1-48 allocation of money between The University of Texas Medical Branch 1-49 at Galveston and the Texas Tech University Health Sciences Center; 1-50 (5) act as an independent third party for the purpose 1-51 of dispute resolution in the event of a disagreement relating to 1-52 inmate health care services between: 1-53 (A) the department and the health care 1-54 providers; or 1-55 (B) The University of Texas Medical Branch at 1-56 Galveston and the Texas Tech University Health Sciences Center; and 1-57 (6) enforce compliance with contract provisions, 1-58 including requiring corrective action if care does not meet 1-59 expectations as determined by quality of care monitoring 1-60 activities. 1-61 SECTION 3. The Correctional Managed Health Care Committee, 1-62 in cooperation with the Texas Department of Criminal Justice, shall 1-63 amend any existing contract for the implementation of the managed 1-64 health care plan established under Section 501.146, Government 2-1 Code, as necessary to meet the requirements imposed on the contract 2-2 under Subsections (a) and (c), Section 501.147, Government Code, as 2-3 amended by this Act, not later than January 1, 2002. 2-4 SECTION 4. This Act takes effect September 1, 2001. 2-5 * * * * *