By: West S.B. No. 1580
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the study and treatment of pollution-related illness
1-3 and to the establishment of the Texas Environmental Health
1-4 Institute.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 13, Title 2, Section 12.114, Section
1-7 13.002 and Section 31.002 of the Health and Safety Code, is
1-8 amended, and adding Section 13.009 to read as follows:
1-9 Sec. 12.114. Vital Health Care Issues
1-10 (a) The department may identify vital health care
1-11 issues, including the use of tobacco and alcohol, end-of-life
1-12 needs, health and safety issues on the Texas/Mexico border, family
1-13 issues, oral health, violence, immunizations, homelessness,
1-14 responsible adult and teen pregnancy, substance abuse, health
1-15 promotion and education, [and] disease prevention, and
1-16 pollution-related illness.
1-17 (b) The Texas Volunteer Health Corps may address a
1-18 vital health care issue if a local community identifies the issue
1-19 as a priority.
1-20 (c) The department may establish a task force to
1-21 investigate health problems associated with environmental
1-22 contamination.
1-23 Sec. 13.002. Admission of Other Patients
2-1 (a) The board may admit to any hospital under its
2-2 supervision a patient who:
2-3 (1) is eligible to receive patient services under a
2-4 department program; and
2-5 (2) will benefit from hospitalization or outpatient
2-6 services.
2-7 (b) Admission to a hospital or health institute as
2-8 authorized under this section is subject to the availability of:
2-9 (1) appropriate space after the needs of eligible
2-10 tuberculosis, [and] chronic respiratory disease, and
2-11 pollution-related illness patients have been met; and
2-12 (2) trained medical personnel for the necessary
2-13 medical care and treatment.
2-14 (c) The board may adopt rules and enter into contracts as
2-15 necessary to implement this section.
2-16 (d) This section does not require the board or department
2-17 to:
2-18 (1) admit a patient to a particular hospital;
2-19 (2) guarantee the availability of space at any
2-20 hospital; or
2-21 (3) provide treatment for a particular medical need at
2-22 any hospital.
2-23 Sec. 13.009. Establishment of a Texas Environmental Health
2-24 Institute
2-25 (a) The board shall establish the Texas Environmental
2-26 Health Institute (Institute) in order to treat, manage, prevent and
3-1 reduce health problems associated with environmental contamination.
3-2 (b) The purposes of the Texas Environmental Health
3-3 Institute (Institute) are;
3-4 (1) to provide short and long-term health relief
3-5 and treatment to residents of Texas who have health conditions
3-6 related or potentially related to environmental contamination;
3-7 (2) to promote and protect the health and safety
3-8 of citizens by preventing or reducing their health risks from
3-9 exposure to chemical and biological contaminants, radioactive
3-10 materials, and other hazards in the environment and workplace; and
3-11 (3) informing and educating citizens about the
3-12 identified health risks and ways to prevent or reduce exposure.
3-13 (c) The board may establish at the Institute any
3-14 programs necessary to carry out the Institute's established
3-15 purposes, either directly or by contract with one or more public or
3-16 private health care providers or entities.
3-17 (d) The board may accept and administer gifts and
3-18 grants of money to implement this chapter and that are received
3-19 from:
3-20 (1) the federal government;
3-21 (2) an individual;
3-22 (3) a corporation;
3-23 (4) a trust;
3-24 (5) a federal or state vocational rehabilitation
3-25 program; or
3-26 (6) a foundation.
4-1 Sec. 31.002. Definitions
4-2 (a) In this chapter:
4-3 (1) "Facility" includes a hospital, ambulatory
4-4 surgical center, public health clinic, birthing center, outpatient
4-5 clinic, and community health center.
4-6 (2) "Medical transportation" means transportation
4-7 services that are required to obtain appropriate and timely primary
4-8 health care services for eligible individuals.
4-9 (3) "Other benefit" means a benefit, other than a
4-10 benefit provided under this chapter, to which an individual is
4-11 entitled for payment of the costs of primary health care services,
4-12 including benefits available from:
4-13 (A) an insurance policy, group health plan, or
4-14 prepaid medical care plan;
4-15 (B) Title XVIII or XIX of the Social Security
4-16 Act (42 U.S.C. Section 1395 et seq. or Section 1396 et seq.);
4-17 (C) the Veterans Administration;
4-18 (D) the Civilian Health and Medical Program of
4-19 the Uniformed Services;
4-20 (E) workers' compensation or any other
4-21 compulsory employers' insurance program;
4-22 (F) a public program created by federal or state
4-23 law, or by an ordinance or rule of a municipality or political
4-24 subdivision of the state, excluding benefits created by the
4-25 establishment of a municipal or county hospital, a joint
4-26 municipal-county hospital, a county hospital authority, a hospital
5-1 district, or the facilities of a publicly supported medical school;
5-2 or
5-3 (G) a cause of action for medical, facility, or
5-4 medical transportation expenses, or a settlement or judgment based
5-5 on the cause of action, if the expenses are related to the need for
5-6 services provided under this chapter.
5-7 (4) "Primary health care services" includes:
5-8 (A) diagnosis and treatment;
5-9 (B) emergency services;
5-10 (C) family planning services;
5-11 (D) preventive health services, including
5-12 immunizations;
5-13 (E) health education;
5-14 (F) laboratory, X-ray, nuclear medicine, or
5-15 other appropriate diagnostic services;
5-16 (G) nutrition services;
5-17 (H) health screening;
5-18 (I) home health care;
5-19 (J) dental care;
5-20 (K) transportation;
5-21 (L) prescription drugs and devices and durable
5-22 supplies;
5-23 (M) environmental health services, including
5-24 services for pollution-related illness;
5-25 (N) podiatry services; and
5-26 (O) social services.
6-1 (5) "Program" means the primary health care services program
6-2 authorized by this chapter.
6-3 (6) "Provider" means a person who, through a grant or a
6-4 contract with the department, provides primary health care services
6-5 that are purchased by the department for the purposes of this
6-6 chapter.
6-7 (7) "Support" means the contribution of money or services
6-8 necessary for a person's maintenance, including food, clothing,
6-9 shelter, transportation, and health care.
6-10 (b) The board by rule may define a word or term not
6-11 defined by Subsection (a) as necessary to administer this chapter.
6-12 The board may not define a word or term so that the word or term is
6-13 inconsistent or in conflict with the purposes of this chapter, or
6-14 is in conflict with the definition and conditions of practice
6-15 governing a provider who is required to be licensed, registered,
6-16 certified, identified, or otherwise sanctioned under the laws of
6-17 this state.
6-18 SECTION 2. This Act takes effect September 1, 2001.