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Amend CSHB 2292 by adding the following appropriately
numbered sections to the bill and renumbering subsequent sections
accordingly:
SECTION __. Subchapter B, Chapter 533, Health and Safety
Code, is amended by adding Section 533.050 to read as follows:
Sec. 533.050. PRIVATIZATION OF STATE MENTAL HOSPITAL. (a)
After August 31, 2004, and before September 1, 2005, the department
may contract with a private service provider to operate a state
mental hospital owned by the department only if:
(1) the Health and Human Services Commission
determines that the private service provider will operate the
hospital at a cost that is at least 10 percent less than the cost to
the department to operate the hospital;
(2) the Health and Human Services Commission approves
the contract; and
(3) the hospital, when operated under the contract,
treats a population with the same characteristics and acuity levels
as the population treated at the hospital when operated by the
department.
(b) On or before April 1, 2004, the department shall report
to the commissioner of health and human services whether the
department has received a proposal by a private service provider to
operate a state mental hospital. The report must include an
evaluation of the private service provider's qualifications,
experience, and financial strength, a determination of whether the
provider can operate the hospital under the same standard of care as
the department, and an analysis of the projected savings under a
proposed contract with the provider. The savings analysis must
include all department costs to operate the hospital, including
costs, such as employee benefits, that are not appropriated to the
department.
(c) If the department contracts with a private service
provider to operate a state mental hospital, the department, the
governor's office of budget and planning, and the Legislative
Budget Board shall identify sources of funding that must be
transferred to the department to fund the contract.
(d) The department may renew a contract under this section.
The conditions listed in Subsections (a)(1)-(3) apply to the
renewal of the contract.
SECTION __. Section 533.050, Health and Safety Code, as
added by this Act, takes effect September 1, 2004.