1-1 By: Truan S.B. No. 514
1-2 (In the Senate - Filed February 2, 2001; February 5, 2001,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 5, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 April 5, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 514 By: Moncrief
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to expanding certain grant programs formerly limited to
1-11 physicians to include other health care professionals.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 106.101, Health and Safety Code, is
1-14 amended to read as follows:
1-15 Sec. 106.101. DEFINITIONS. In this subchapter:
1-16 (1) "Federally qualified health center" has the
1-17 meaning assigned by 42 U.S.C. Section 1396d(l)(2).
1-18 (2) "Health care professional" means:
1-19 (A) a physician assistant;
1-20 (B) an advanced practice nurse;
1-21 (C) a registered nurse;
1-22 (D) a radiologist;
1-23 (E) a pharmacist; and
1-24 (F) any other professional who provides health
1-25 care services, as determined by the executive committee.
1-26 (3) "Medically underserved community" means:
1-27 (A) a community located in an area in this state
1-28 with a medically underserved population;
1-29 (B) a community located in an area in this state
1-30 designated by the United States Secretary of Health and Human
1-31 Services as an area with a shortage of personal health services;
1-32 (C) a population group designated by the United
1-33 States Secretary of Health and Human Services as having a shortage
1-34 of personal health services; or
1-35 (D) a community that meets criteria adopted by
1-36 the board by rule, considering relevant demographic, geographic,
1-37 and environmental factors.
1-38 (4) [(2)] "Physician" means a person licensed to
1-39 practice medicine in this state.
1-40 (5) [(3)] "Primary care" means physician services in
1-41 family practice, general practice, internal medicine, pediatrics,
1-42 obstetrics, or gynecology.
1-43 (6) [(4)] "Start-up money" means a payment made by a
1-44 medically underserved community for reasonable costs incurred by a
1-45 physician to establish a medical office and ancillary facilities
1-46 for diagnosing and treating patients.
1-47 SECTION 2. Subsections (a) through (d), Section 106.102,
1-48 Health and Safety Code, are amended to read as follows:
1-49 (a) The executive committee shall establish and administer a
1-50 program under this subchapter to increase the number of physicians,
1-51 health care professionals, and federally qualified health centers
1-52 providing or assisting in the provision of primary care in
1-53 medically underserved communities.
1-54 (b) A medically underserved community may sponsor a
1-55 physician who has completed a primary care residency program, a
1-56 health care professional, or a federally qualified health center if
1-57 the physician, health care professional, or federally qualified
1-58 health center [and] has agreed to provide or assist in the
1-59 provision of primary care in the community by contributing to
1-60 start-up money for the physician, health care professional, or
1-61 federally qualified health center and having that contribution
1-62 matched in whole or in part by state money appropriated to the
1-63 executive committee for that purpose.
1-64 (c) A participating medically underserved community may
2-1 provide start-up money to an eligible physician, health care
2-2 professional, or federally qualified health center over a two-year
2-3 period.
2-4 (d) The executive committee may not pay more than the
2-5 following amounts [$25,000] to a community in a fiscal year unless
2-6 the executive committee makes a specific finding of need by the
2-7 community:
2-8 (1) $25,000 for eligible physicians;
2-9 (2) $25,000 for eligible health care professionals;
2-10 and
2-11 (3) $50,000 for a federally qualified health center.
2-12 SECTION 3. Section 106.103, Health and Safety Code, is
2-13 amended to read as follows:
2-14 Sec. 106.103. ELIGIBILITY. To be eligible to receive money
2-15 from the executive committee, a medically underserved community
2-16 must:
2-17 (1) apply for the money; and
2-18 (2) provide evidence satisfactory to the executive
2-19 committee that it has entered into an agreement with a physician or
2-20 health care professional, or with an entity applying under this
2-21 chapter that has submitted an application for federally qualified
2-22 health center status, under which [for] the physician, health care
2-23 professional, or federally qualified health center shall [to]
2-24 provide or assist in the provision of primary care in the community
2-25 for at least two years.
2-26 SECTION 4. Section 106.104, Health and Safety Code, is
2-27 amended to read as follows:
2-28 Sec. 106.104. RULES. The executive committee shall adopt
2-29 rules necessary for the administration of this subchapter,
2-30 including:
2-31 (1) eligibility criteria for a medically underserved
2-32 community;
2-33 (2) eligibility criteria for a physician;
2-34 (3) eligibility criteria for health care
2-35 professionals;
2-36 (4) eligibility criteria for federally qualified
2-37 health centers;
2-38 (5) minimum and maximum community contributions to the
2-39 start-up money for a physician to be matched with state money;
2-40 (6) [(4)] conditions under which state money must be
2-41 repaid by a community, [or] physician, health care professional, or
2-42 federally qualified health center;
2-43 (7) [(5)] procedures for disbursement of money by the
2-44 executive committee;
2-45 (8) [(6)] the form and manner in which a community
2-46 must make its contribution to the start-up money; and
2-47 (9) [(7)] the contents of an agreement to be entered
2-48 into by the parties to include at least:
2-49 (A) a credit check for an eligible physician or
2-50 health care professional; and
2-51 (B) community retention of interest in any
2-52 property, equipment, or durable goods for seven years.
2-53 SECTION 5. Section 106.151, Health and Safety Code, is
2-54 amended to read as follows:
2-55 Sec. 106.151. DEFINITIONS. In this chapter:
2-56 (1) "Health care professional" means:
2-57 (A) a physician assistant;
2-58 (B) an advanced practice nurse;
2-59 (C) a registered nurse;
2-60 (D) a radiologist;
2-61 (E) a pharmacist; and
2-62 (F) any other professional who provides health
2-63 care services as determined by the executive committee.
2-64 (2) "Medically underserved area" means an area
2-65 designated by the United States Secretary of Health and Human
2-66 Services as having:
2-67 (A) a shortage of personal health services or a
2-68 population group that has such a shortage as provided by 42 U.S.C.
2-69 Section 300e-1(7); or
3-1 (B) a health professional shortage as provided
3-2 by 42 U.S.C. Section 254e(a)(1).
3-3 (3) [(2)] "Physician" means a resident physician who
3-4 is enrolled in an accredited residency training program in this
3-5 state in the specialty of:
3-6 (A) family practice;
3-7 (B) general internal medicine;
3-8 (C) general pediatric medicine; or
3-9 (D) general obstetrics and gynecology.
3-10 SECTION 6. Subsection (a), Section 106.152, Health and
3-11 Safety Code, is amended to read as follows:
3-12 (a) The executive committee shall establish a program in the
3-13 center to assist communities in recruiting and retaining physicians
3-14 and health care professionals to practice in medically underserved
3-15 areas.
3-16 SECTION 7. Section 106.154, Health and Safety Code, is
3-17 amended to read as follows:
3-18 Sec. 106.154. REQUIRED CONTRACT. (a) The center may award
3-19 a stipend to a physician or a health care professional under this
3-20 subchapter if the physician or the health care professional enters
3-21 into a written contract to provide services in a medically
3-22 underserved area for at least one year for each year that the
3-23 physician or the health care professional receives the stipend.
3-24 (b) The contract must provide that if the physician or the
3-25 health care professional does not provide the required services in
3-26 the medically underserved area or provides those services for less
3-27 than the required term, the physician or the health care
3-28 professional is personally liable to the state for:
3-29 (1) the total amount of the stipend the physician or
3-30 the health care professional receives;
3-31 (2) interest on that total amount for the period
3-32 beginning on the date the physician or the health care professional
3-33 signs the contract and ending on the date the physician or the
3-34 health care professional repays the amount of the stipend computed
3-35 at a rate equal to the sum of:
3-36 (A) the auction average rate quoted on a bank
3-37 discount basis for 26-week treasury bills issued by the United
3-38 States government, as published by the Federal Reserve Board, for
3-39 the week preceding the week in which the contract is signed; and
3-40 (B) five percent; and
3-41 (3) the state's reasonable expenses incurred in
3-42 obtaining payment, including reasonable attorney's fees.
3-43 SECTION 8. Subsections (a), (b), and (d), Section 106.155,
3-44 Health and Safety Code, are amended to read as follows:
3-45 (a) The center shall award stipends to physicians or health
3-46 care professionals for one-year periods. A stipend awarded under
3-47 this subchapter may not exceed $15,000 each year.
3-48 (b) The center may renew a stipend used to assist a
3-49 particular physician or health care professional.
3-50 (d) A physician or a health care professional who receives a
3-51 stipend under this subchapter is not eligible to receive assistance
3-52 under a state educational loan repayment program or other state
3-53 incentive program.
3-54 SECTION 9. This Act takes effect September 1, 2001.
3-55 * * * * *