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.