By Truan S.B. No. 514
77R3402 YDB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to expanding grant programs formerly limited to physicians
1-3 to include other health care professionals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 106.101, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 106.101. DEFINITIONS. In this subchapter:
1-8 (1) "Health care professional" means:
1-9 (A) a physician assistant;
1-10 (B) an advanced nurse practitioner;
1-11 (C) a registered nurse;
1-12 (D) a radiologist; and
1-13 (E) any other professional who provides health
1-14 care services, as determined by the executive committee.
1-15 (2) "Medically underserved community" means:
1-16 (A) a community located in an area in this state
1-17 with a medically underserved population;
1-18 (B) a community located in an area in this state
1-19 designated by the United States Secretary of Health and Human
1-20 Services as an area with a shortage of personal health services;
1-21 (C) a population group designated by the United
1-22 States Secretary of Health and Human Services as having a shortage
1-23 of personal health services; or
1-24 (D) a community that meets criteria adopted by
2-1 the board by rule, considering relevant demographic, geographic,
2-2 and environmental factors.
2-3 (3) [(2)] "Physician" means a person licensed to
2-4 practice medicine in this state.
2-5 (4) [(3)] "Primary care" means physician services in
2-6 family practice, general practice, internal medicine, pediatrics,
2-7 obstetrics, or gynecology.
2-8 (5) [(4)] "Start-up money" means a payment made by a
2-9 medically underserved community for reasonable costs incurred by a
2-10 physician to establish a medical office and ancillary facilities
2-11 for diagnosing and treating patients.
2-12 SECTION 2. Sections 106.102(a), (b), (c), and (d), Health and
2-13 Safety Code, are amended to read as follows:
2-14 (a) The executive committee shall establish and administer a
2-15 program under this subchapter to increase the number of physicians
2-16 and health care professionals providing or assisting in the
2-17 provision of primary care in medically underserved communities.
2-18 (b) A medically underserved community may sponsor a
2-19 physician who has completed a primary care residency program or a
2-20 health care professional if the physician or health care
2-21 professional [and] has agreed to provide or assist in the provision
2-22 of primary care in the community by contributing to start-up money
2-23 for the physician or the health care professional and having that
2-24 contribution matched in whole or in part by state money
2-25 appropriated to the executive committee for that purpose.
2-26 (c) A participating medically underserved community may
2-27 provide start-up money to an eligible physician or health care
3-1 professional over a two-year period.
3-2 (d) The executive committee may not pay more than the
3-3 following amounts [$25,000] to a community in a fiscal year unless
3-4 the executive committee makes a specific finding of need by the
3-5 community:
3-6 (1) $25,000 for eligible physicians; and
3-7 (2) $25,000 for eligible health care professionals.
3-8 SECTION 3. Section 106.103, Health and Safety Code, is
3-9 amended to read as follows:
3-10 Sec. 106.103. ELIGIBILITY. To be eligible to receive money
3-11 from the executive committee, a medically underserved community
3-12 must:
3-13 (1) apply for the money; and
3-14 (2) provide evidence satisfactory to the executive
3-15 committee that it has entered into an agreement with a physician or
3-16 a health care professional for the physician or the health care
3-17 professional to provide or assist in the provision of primary care
3-18 in the community for at least two years.
3-19 SECTION 4. Section 106.104, Health and Safety Code, is
3-20 amended to read as follows:
3-21 Sec. 106.104. RULES. The executive committee shall adopt
3-22 rules necessary for the administration of this subchapter,
3-23 including:
3-24 (1) eligibility criteria for a medically underserved
3-25 community;
3-26 (2) eligibility criteria for a physician;
3-27 (3) eligibility criteria for health care
4-1 professionals;
4-2 (4) minimum and maximum community contributions to the
4-3 start-up money for a physician to be matched with state money;
4-4 (5) [(4)] conditions under which state money must be
4-5 repaid by a community, [or] physician, or health care
4-6 professional;
4-7 (6) [(5)] procedures for disbursement of money by the
4-8 executive committee;
4-9 (7) [(6)] the form and manner in which a community
4-10 must make its contribution to the start-up money; and
4-11 (8) [(7)] the contents of an agreement to be entered
4-12 into by the parties to include at least:
4-13 (A) a credit check for an eligible physician or
4-14 health care professional; and
4-15 (B) community retention of interest in any
4-16 property, equipment, or durable goods for seven years.
4-17 SECTION 5. Section 106.151, Health and Safety Code, is
4-18 amended to read as follows:
4-19 Sec. 106.151. DEFINITIONS. In this chapter:
4-20 (1) "Health care professional" means:
4-21 (A) a physician assistant;
4-22 (B) an advanced nurse practitioner;
4-23 (C) a registered nurse;
4-24 (D) a radiologist; and
4-25 (E) any other professional who provides health
4-26 care services as determined by the executive committee.
4-27 (2) "Medically underserved area" means an area
5-1 designated by the United States Secretary of Health and Human
5-2 Services as having:
5-3 (A) a shortage of personal health services or a
5-4 population group that has such a shortage as provided by 42 U.S.C.
5-5 Section 300e-1(7); or
5-6 (B) a health professional shortage as provided
5-7 by 42 U.S.C. Section 254e(a)(1).
5-8 (3) [(2)] "Physician" means a resident physician who
5-9 is enrolled in an accredited residency training program in this
5-10 state in the specialty of:
5-11 (A) family practice;
5-12 (B) general internal medicine;
5-13 (C) general pediatric medicine; or
5-14 (D) general obstetrics and gynecology.
5-15 SECTION 6. Section 106.152(a), Health and Safety Code, is
5-16 amended to read as follows:
5-17 (a) The executive committee shall establish a program in the
5-18 center to assist communities in recruiting and retaining physicians
5-19 and health care professionals to practice in medically underserved
5-20 areas.
5-21 SECTION 7. Section 106.154, Health and Safety Code, is
5-22 amended to read as follows:
5-23 Sec. 106.154. REQUIRED CONTRACT. (a) The center may award a
5-24 stipend to a physician or a health care professional under this
5-25 subchapter if the physician or the health care professional enters
5-26 into a written contract to provide services in a medically
5-27 underserved area for at least one year for each year that the
6-1 physician or the health care professional receives the stipend.
6-2 (b) The contract must provide that if the physician or the
6-3 health care professional does not provide the required services in
6-4 the medically underserved area or provides those services for less
6-5 than the required term, the physician or the health care
6-6 professional is personally liable to the state for:
6-7 (1) the total amount of the stipend the physician or
6-8 the health care professional receives;
6-9 (2) interest on that total amount for the period
6-10 beginning on the date the physician or the health care professional
6-11 signs the contract and ending on the date the physician or the
6-12 health care professional repays the amount of the stipend computed
6-13 at a rate equal to the sum of:
6-14 (A) the auction average rate quoted on a bank
6-15 discount basis for 26-week treasury bills issued by the United
6-16 States government, as published by the Federal Reserve Board, for
6-17 the week preceding the week in which the contract is signed; and
6-18 (B) five percent; and
6-19 (3) the state's reasonable expenses incurred in
6-20 obtaining payment, including reasonable attorney's fees.
6-21 SECTION 8. Sections 106.155(a), (b), and (d), Health and
6-22 Safety Code, are amended to read as follows:
6-23 (a) The center shall award stipends to physicians or health
6-24 care professionals for one-year periods. A stipend awarded under
6-25 this subchapter may not exceed $15,000 each year.
6-26 (b) The center may renew a stipend used to assist a
6-27 particular physician or health care professional.
7-1 (d) A physician or a health care professional who receives a
7-2 stipend under this subchapter is not eligible to receive assistance
7-3 under a state educational loan repayment program or other state
7-4 incentive program.
7-5 SECTION 9. This Act takes effect September 1, 2001.