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78R4635 JTS-D
By: Gallego H.B. No. 1016
A BILL TO BE ENTITLED
AN ACT
relating to health care for certain Texans; providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. SHORT TITLE AND PURPOSE
SECTION 1.01. SHORT TITLE. This Act may be known as the
Texas Health Improvement Act.
SECTION 1.02. PURPOSE. All residents of this state are
entitled to equal treatment and access to services by the
government of this state. However, because many of this state's
border residents live in economically disadvantaged areas, the
health and well-being of this population is compromised. All but
two of the 43 border counties, including every county on the Rio
Grande, are federally designated health profession shortage areas.
To remedy disparities of this nature, it is necessary to increase
and improve resources directed to people in the border region to
help achieve equality among all residents of this state and to
facilitate the quality of life that all Texans deserve. The purpose
of this Act is to promote development of the health infrastructure
that serves the citizens of Texas and improve the health of
residents in the border region, who are an integral part of this
state.
ARTICLE 2. IMMUNIZATIONS
SECTION 2.01. UNIVERSAL VACCINE PURCHASE PROGRAM. (a) The
comptroller of public accounts shall study the feasibility of
implementing a universal vaccine purchase program in this state.
The comptroller shall determine:
(1) the fiscal impact of a universal vaccine purchase
program;
(2) the administrative feasibility of a universal
vaccine purchase program;
(3) whether a universal vaccine purchase program would
simplify the administration of vaccines in this state;
(4) the best practices for universal vaccine programs
in states that are similar to this state in size, population, and
immunization requirements; and
(5) the impact of a universal vaccine purchase program
on the vaccine industry.
(b) As part of the study, the comptroller shall consult with
the Texas Department of Health, the Centers for Disease Control and
Prevention, local health departments, the Legislative Budget
Board, and private entities involved in the administration of
vaccines in this state.
SECTION 2.02. IMMUNIZATION REGISTRY. Subchapter A, Chapter
161, Health and Safety Code, is amended by amending Section 161.007
and adding Sections 161.0071, 161.0072, 161.0073, and 161.0074 to
read as follows:
Sec. 161.007. IMMUNIZATION REGISTRY; REPORTS TO
DEPARTMENT. (a) The department, for purposes of establishing and
maintaining a single repository of accurate, complete, and current
immunization records to be used in aiding, coordinating, and
promoting efficient and cost-effective childhood communicable
disease prevention and control efforts, shall establish and
maintain a childhood immunization registry. The department by rule
shall develop guidelines to:
(1) protect the confidentiality of registrants in
accordance with state and federal law [patients in accordance with
Section 159.002, Occupations Code];
(2) inform a parent, managing conservator, or guardian
of each registrant [patient] about the registry; and
(3) permit [require] the written consent of a parent,
managing conservator, or guardian of a registrant to choose in
writing to have the registrant excluded from [patient before any
information relating to the patient is included in the registry;
and
[(4) permit a parent, managing conservator, or
guardian to withdraw consent for the patient to be included in] the
registry.
(b) Except as provided by Section 161.0071, the [The]
childhood immunization registry must contain information on the
immunization history that is obtained by the department under this
section of each person who is younger than 18 years of age [and for
whom consent has been obtained in accordance with guidelines
adopted under Subsection (a). The department shall remove from the
registry information for any person for whom consent has been
withdrawn].
(c) An insurance company, a health maintenance
organization, or another organization that pays or reimburses a
claim for an immunization of a person younger than 18 years of age
shall provide an immunization history to the department. The
report shall contain the elements prescribed by the department.
The report may be submitted in writing or by electronic means. [An
insurance company, health maintenance organization, or other
organization is not required to provide an immunization history to
the department under this subsection for a person for whom consent
has not been obtained in accordance with guidelines adopted under
Subsection (a) or for whom consent has been withdrawn.]
(d) A health care provider who administers an immunization
to a person younger than 18 years of age shall provide an
immunization history to the department unless the immunization
history is submitted to an insurance company, a health maintenance
organization, or another organization that pays or reimburses a
claim for an immunization to a person younger than 18 years of age.
The report shall contain the elements [be in a format] prescribed by
the department. The report may be submitted[, which may include
submission] in writing or[,] by electronic means [, or by voice].
[A health care provider is not required to provide an immunization
history to the department under this subsection for a person for
whom consent has not been obtained in accordance with guidelines
adopted under Subsection (a) or for whom consent has been
withdrawn.]
(e) The department may use the registry to provide notices
by mail, telephone, personal contact, or other means to a parent,
managing conservator, or guardian regarding his or her child or
ward who is due or overdue for a particular type of immunization
according to the department's immunization schedule. The notices
must contain instructions for the parent, managing conservator, or
guardian to request that future notices not be sent and to remove
the child's immunization record from the registry and any other
registry-related record that individually identifies the child.
The notices must describe the procedure to report a violation if a
child is included in the registry after the submission of a written
request for exclusion. The department shall consult with health
care providers to determine the most efficient and cost-effective
manner of using the registry to provide those notices.
(f) Nothing in this subchapter [section] diminishes a
parent's, managing conservator's, or guardian's responsibility for
having a child immunized properly, subject to Section 161.004(d).
(g) A person, including a health care provider or an
insurance company, a health maintenance organization, or another
organization that pays or reimburses a claim for immunization, who
submits or obtains in good faith an immunization history or data to
or from the department in compliance with the provisions of this
subchapter [section] and any rules adopted under this subchapter
[section] is not liable for any civil damages.
(h) [Information obtained by the department for the
immunization registry is confidential and may be disclosed only
with the written consent of the child's parent, managing
conservator, or guardian.
[(i)] The board shall adopt rules to implement this
subchapter [section].
Sec. 161.0071. NOTICE OF RECEIPT OF REGISTRY DATA;
EXCLUSION FROM REGISTRY. (a) The first time the department
receives registry data for a child, the department shall send a
written notification to the child's parent, managing conservator,
or guardian disclosing:
(1) that providers and insurers may be sending the
child's immunization information to the department, but the
department may not keep the information if the parent, managing
conservator, or guardian chooses to exclude the child from the
registry;
(2) the information that is included in the registry;
(3) the persons to whom the information may be
released under Section 161.008(d);
(4) the purpose and use of the registry;
(5) the procedure to exclude a child from the
registry; and
(6) the procedure to report a violation if a parent,
managing conservator, or guardian discovers a child is included in
the registry after exclusion has been requested.
(b) The department shall delete the child's immunization
records from the registry and any other registry-related department
record that individually identifies the child not later than the
30th day after the date the department receives from the parent,
managing conservator, or guardian of the child a written request
that the child be excluded from the registry. The department shall
maintain only those records related to the child necessary to
ensure that the child continues to be excluded from the registry and
may not release the identity of a child excluded from the registry.
(c) The department shall send to a parent, managing
conservator, or guardian who makes a written request under
Subsection (b) a written confirmation of receipt of the request for
exclusion and the exclusion of the child's records from the
registry.
(d) The department commits a violation if the department
fails to exclude a child from the registry within the period
required by Subsection (b).
(e) The department shall accept a written statement from a
parent, managing conservator, or guardian communicating to the
department that a child should be excluded from the registry,
including a statement on the child's birth certificate, as a
request for exclusion under Subsection (b).
Sec. 161.0072. REGISTRY CONFIDENTIALITY. (a) The
information that individually identifies a child received by the
department for the immunization registry is confidential and may be
used by the department for registry purposes only.
(b) Unless specifically authorized under this subchapter,
the department may not release registry information to any
individual or entity without the consent of the person, or if the
person is a minor, the parent, managing conservator, or guardian of
the child.
(c) A person required to report information to the
department for registry purposes or authorized to receive
information from the registry may not disclose the individually
identifiable information to any other person without written
consent of the parent, managing conservator, or guardian of the
child, except as provided by Chapter 159, Occupations Code.
(d) Registry information is not:
(1) subject to discovery, subpoena, or other means of
legal compulsion for release to any person or entity except as
provided by this subchapter; or
(2) admissible in any civil, administrative, or
criminal proceeding.
Sec. 161.0073. REPORT TO LEGISLATURE. (a) The department
shall report to the Legislative Budget Board, the governor, the
lieutenant governor, the speaker of the house of representatives,
and appropriate committees of the legislature not later than
September 30 of each even-numbered year.
(b) The department shall use the report required under
Subsection (a) to develop ways to increase immunization rates using
state and federal resources.
(c) The report must:
(1) include the current immunization rates by
geographic region of the state, where available;
(2) focus on the geographic regions of the state with
immunization rates below the state average for preschool children;
(3) describe the approaches identified to increase
immunization rates in underserved areas and the estimated cost for
each;
(4) identify changes to department procedures needed
to increase immunization rates;
(5) identify the services provided under and
provisions of contracts entered into by the department to increase
immunization rates in underserved areas;
(6) identify performance measures used in contracts
described by Subdivision (5);
(7) include the number and type of exemptions used in
the past year;
(8) include the number of complaints received by the
department related to the department's failure to comply with
requests for exclusion of individuals from the registry; and
(9) identify all reported incidents of discrimination
for requesting exclusion from the registry or for using an
exemption for a required immunization.
Sec. 161.0074. IMMUNITY FROM LIABILITY. Except as provided
by Section 161.009, the following persons subject to this
subchapter that act in compliance with Sections 161.007, 161.0071,
161.0072, 161.0073, and 161.008 are not civilly or criminally
liable for furnishing the information required under this
subchapter:
(1) an insurance company, a health maintenance
organization, or another organization that pays or reimburses a
claim for immunization;
(2) a health care provider who administers
immunizations; and
(3) an employee of the department.
SECTION 2.03. IMMUNIZATION REGISTRY; RELEASE OF
INFORMATION. Section 161.008, Health and Safety Code, is amended
by amending Subsections (c) and (d) and adding Subsections (e)-(g)
to read as follows:
(c) The department [, only with the consent of a child's
parent, managing conservator, or guardian,] may [:
[(1)] obtain the data constituting an immunization
record for the child from a public health district, a local health
department, an insurance company, a health maintenance
organization, or any other organization that pays or reimburses a
claim for immunization, or any health care provider licensed or
otherwise authorized to administer vaccines.
(d) After the 30th day after the date notice was sent by the
department to the child's parent, managing conservator, or guardian
under Section 161.0071, the department, if the department has not
received a written request to exclude the child from the registry,
shall:
(1) enter the child into the registry; and [or a
physician to the child; or]
(2) release the data constituting an immunization
record for the child to any entity in this state that is described
by Subsection (c) and is providing immunization services to the
child or is paying or reimbursing a claim for an immunization for
the child, to [a public health district, a local health department,
a physician to the child, or] a school or child care facility in
which the child is enrolled, or to a state agency responsible for
the health care of the child.
(e) [(d)] A parent, managing conservator, or legal guardian
may obtain and on request to the department shall be provided with
all individually identifiable immunization registry information
concerning his or her child or ward.
(f) The department may release nonidentifying summary
statistics related to the registry that do not individually
identify a child.
(g) The department may not release individually
identifiable information under Subsection (d)(2) to an entity
outside this state.
SECTION 2.04. IMMUNIZATION REGISTRY; OFFENSE. Section
161.009(a), Health and Safety Code, is amended to read as follows:
(a) A person commits an offense if the person:
(1) negligently releases or discloses immunization
registry information in violation of Section 161.007, 161.0071,
161.0072, or 161.008; or
(2) negligently uses the information in the
immunization registry to solicit new patients or clients or for
other purposes that are not associated with immunization purposes,
unless authorized under this section.
SECTION 2.05. REQUIRED BENEFITS FOR IMMUNIZATIONS. Section
3, Article 21.53F, Insurance Code, as added by Chapter 683, Acts of
the 75th Legislature, Regular Session, 1997, is amended to read as
follows:
Sec. 3. REQUIRED BENEFIT FOR CHILDHOOD IMMUNIZATIONS. (a)
A health benefit plan that provides benefits for a family member of
the insured shall provide coverage for each covered child described
by Section 5 of this article, from birth through the date the child
is 18 [six] years of age, for:
(1) immunization against:
(A) diphtheria;
(B) haemophilus influenzae type b;
(C) hepatitis B;
(D) measles;
(E) mumps;
(F) pertussis;
(G) polio;
(H) rubella;
(I) tetanus; and
(J) varicella; [and]
(2) any other immunization recommended as of January
1, 2003, by the federal Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention; and
(3) any other immunization that is required by law for
the child.
(b) The commissioner of public health, in consultation with
the commissioner, by rule may:
(1) require coverage under this section for an
immunization recommended after January 1, 2003, by the federal
Advisory Committee on Immunization Practices or its successor
committee; or
(2) remove the requirement of coverage under this
section for an immunization that is no longer recommended after
January 1, 2003, by the federal Advisory Committee on Immunization
Practices or its successor committee.
SECTION 2.06. TRANSITION. (a) Not later than January 15,
2005, the comptroller of public accounts shall submit a report
detailing the findings of the universal vaccine purchase program
study required by this Act to the lieutenant governor and the
speaker of the house of representatives.
(b) Section 2.01 of this Act expires September 1, 2005.
(c) As soon as practicable, but not later than August 1,
2004, the Texas Board of Health shall:
(1) adopt rules necessary to implement the procedure
for excluding children from the immunization registry required by
this Act; and
(2) make available for use a form for requesting
exclusion from the immunization registry required under Section
161.0071, Health and Safety Code, as added by this Act.
(d) The report required under Section 161.007(c), Health
and Safety Code, as amended by this Act, and the data obtained or
released under Section 161.008, Health and Safety Code, as amended
by this Act, may not be accepted or released by the Texas Department
of Health until the department has adopted rules and prescribed the
forms required by this Act.
(e) The changes made by this Act to Section 3, Article
21.53F, Insurance Code, as added by Chapter 683, Acts of the 75th
Legislature, Regular Session, 1997, apply only to a health benefit
plan that is delivered or issued for delivery on or after the
effective date of this Act. A plan that is delivered or issued for
delivery before September 1, 2003, is governed by the law as it
existed immediately before that date, and that law is continued in
effect for that purpose.
ARTICLE 3. PROMOTORAS
SECTION 3.01. COMPENSATION. Section 48.003(c), Health and
Safety Code, is amended to read as follows:
(c) The Health and Human Services Commission shall require
health and human services agencies to use and compensate certified
promotoras to assist with [the extent possible in] health outreach
and education programs for recipients of medical assistance under
Chapter 32, Human Resources Code.
SECTION 3.02. TRANSITION. The classification officer shall
ensure that, as soon as practicable, a classification system,
including a supervisory and salary structure, is provided for
promotoras as appropriate under the state's position
classification plan in accordance with Chapter 654, Government
Code.
ARTICLE 4. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH BENEFITS
COVERAGE FOR EMPLOYEES
SECTION 4.01. BEST VALUE CONSIDERATION. Section
2155.074(b), Government Code, is amended to read as follows:
(b) In determining the best value for the state, the
purchase price and whether the goods or services meet
specifications are the most important considerations. However, the
commission or other state agency may, subject to Subsection (c) and
Section 2155.075, consider other relevant factors, including:
(1) installation costs;
(2) life cycle costs;
(3) the quality and reliability of the goods and
services;
(4) the delivery terms;
(5) indicators of probable vendor performance under
the contract such as past vendor performance, the vendor's
financial resources and ability to perform, the vendor's experience
or demonstrated capability and responsibility, and the vendor's
ability to provide reliable maintenance agreements and support;
(6) the cost of any employee training associated with
a purchase;
(7) the effect of a purchase on agency productivity;
(8) the vendor's anticipated economic impact to the
state or a subdivision of the state, including potential tax
revenue and employment;
(9) whether the vendor provides health benefits
coverage to employees; and
(10) [(9)] other factors relevant to determining the
best value for the state in the context of a particular purchase.
SECTION 4.02. STATE AGENCY PREFERENCE. Subchapter H,
Chapter 2155, Government Code, is amended by adding Section
2155.451 to read as follows:
Sec. 2155.451. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH
BENEFITS COVERAGE. The commission and all state agencies procuring
goods or services shall give preference to goods or services of a
vendor that demonstrates that the vendor provides health benefits
coverage to the vendor's employees if:
(1) the goods or services meet state specifications
regarding quantity and quality; and
(2) the cost of the good or service does not exceed the
cost of other similar goods or services that are produced by a
vendor that does not demonstrate that the vendor provides health
benefits coverage to the vendor's employees.
ARTICLE 5. BORDER HEALTH FOUNDATION
SECTION 5.01. BORDER HEALTH FOUNDATION. Subtitle E, Title
2, Health and Safety Code, is amended by adding Chapter 112 to read
as follows:
CHAPTER 112. BORDER HEALTH FOUNDATION
Sec. 112.001. DEFINITIONS. In this chapter:
(1) "Board of directors" means the board of directors
of the Border Health Foundation.
(2) "Foundation" means the Border Health Foundation.
Sec. 112.002. CREATION OF FOUNDATION. (a) The department
shall establish the Border Health Foundation as a nonprofit
corporation that complies with the Texas Non-Profit Corporation Act
(Article 1396-1.01 et seq., Vernon's Texas Civil Statutes), except
as otherwise provided by this chapter, and qualifies as an
organization exempt from federal income tax under Section
501(c)(3), Internal Revenue Code of 1986, as amended.
(b) The department shall ensure that the foundation
operates independently of any state agency or political subdivision
of this state.
Sec. 112.003. POWERS AND DUTIES. (a) The foundation shall
raise money from other foundations, governmental entities, and
other sources to finance health programs in this state in areas
adjacent to the border with the United Mexican States.
(b) The foundation shall:
(1) identify and seek potential partners in the
private sector that will afford this state the opportunity to
maintain or increase the existing levels of financing of health
programs and activities;
(2) engage in outreach efforts to make the existence
of the office known to potential partners throughout this state;
and
(3) perform any other function necessary to carry out
the purposes of this section.
(c) The department shall review programs from all agencies
under its control to determine which projects should be available
to receive money under Subsection (b).
(d) The foundation has the powers necessary and convenient
to carry out its duties.
Sec. 112.004. ADMINISTRATION. (a) The foundation is
governed by a board of five directors appointed by the Texas Board
of Health from individuals recommended by the commissioner.
(b) Members of the board of directors serve for staggered
terms of six years, with as near as possible to one-third of the
members' terms expiring every two years.
(c) Appointments to the board of directors shall be made
without regard to the race, color, disability, sex, religion, age,
or national origin of the appointees.
(d) The board of directors shall ensure that the foundation
remains eligible for an exemption from federal income tax under
Section 501(a), Internal Revenue Code of 1986, as amended, by being
listed as an exempt organization under Section 501(c)(3) of that
code, as amended.
Sec. 112.005. RESTRICTIONS ON BOARD APPOINTMENT,
MEMBERSHIP, AND EMPLOYMENT. (a) In this section, "Texas trade
association" means a cooperative and voluntarily joined
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
(b) A person may not be a member of the board of directors
and may not be a foundation employee employed in a "bona fide
executive, administrative, or professional capacity," as that
phrase is used for purposes of establishing an exemption to the
overtime provisions of the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), as amended, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care.
(c) A person may not be a member of the board of directors or
act as the general counsel to the board of directors or the
foundation if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the foundation.
Sec. 112.006. REMOVAL OF BOARD MEMBER. (a) It is a ground
for removal from the board of directors that a member:
(1) is ineligible for membership under Section
112.005;
(2) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(3) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the board of directors.
(b) The validity of an action of the board of directors is
not affected by the fact that it is taken when a ground for removal
of a board member exists.
(c) The foundation in its articles or bylaws shall establish
the manner in which a board member may be removed under this section
and may establish other grounds for removal of a member.
Sec. 112.007. VACANCY. A vacancy on the board of directors
shall be filled for the remainder of the unexpired term in the same
manner as provided in Section 112.004(a).
Sec. 112.008. OFFICERS. The board of directors shall elect
from among its members a presiding officer, an assistant presiding
officer, and other necessary officers. The presiding officer and
assistant presiding officer serve for a period of one year and may
be reelected.
Sec. 112.009. MEETINGS. The board of directors may meet as
often as necessary, but shall meet at least twice a year.
Sec. 112.010. TAX EXEMPTION. All income, property, and
other assets of the foundation are exempt from taxation by this
state and political subdivisions of this state.
Sec. 112.011. MEMORANDUM OF UNDERSTANDING. The foundation
and the department shall enter into a memorandum of understanding
that:
(1) requires the board of directors and staff of the
foundation to report to the commissioner and department;
(2) allows the department to provide staff functions
to the foundation; and
(3) outlines the financial contributions to be made to
the foundation from funds obtained from grants and other sources.
Sec. 112.012. FUNDING. (a) The department, another agency
of this state, including an institution of higher education as
defined by Section 61.003, Education Code, or a political
subdivision of this state may contract with the foundation to
finance, on behalf of the department, agency, or political
subdivision, health programs described by Section 112.003.
(b) The foundation may apply for and accept funds from the
federal government or any other public or private entity. The
foundation or any member of the foundation may also solicit and
accept pledges, gifts, and endowments from private sources on the
foundation's behalf. The foundation may only accept a pledge,
gift, or endowment solicited under this section that is consistent
with the purposes of the foundation.
(c) The board of directors of the foundation shall manage
and approve disbursements of funds, pledges, gifts, and endowments
that are the property of the foundation.
(d) The board of directors of the foundation shall manage
any capital improvements constructed, owned, or leased by the
foundation and any real property acquired by the foundation.
Sec. 112.013. RECORDS. (a) The foundation shall maintain
financial records and reports independently from those of the
department.
(b) The foundation shall comply with all filing
requirements of the secretary of state and the Internal Revenue
Service.
Sec. 112.014. REPORT TO DEPARTMENT. Not later than the 60th
day after the last day of the fiscal year, the foundation shall
submit to the department a report itemizing all income and
expenditures and describing all activities of the foundation during
the preceding fiscal year.
SECTION 5.02. TRANSITION. The Texas Department of Health
shall create the Border Health Foundation as required by this Act
not later than June 1, 2004.
ARTICLE 6. EDUCATION AND RECRUITMENT OF
HEALTH CARE PROFESSIONALS
SECTION 6.01. BORDER HEALTH CORPS. Chapter 61, Education
Code, is amended by adding Subchapter J-1 to read as follows:
SUBCHAPTER J-1. BORDER HEALTH CORPS
Sec. 61.551. DEFINITIONS. In this subchapter:
(1) "Health professional shortage area" means an area
designated as a health professional shortage area under 42 U.S.C.
Section 254e.
(2) "Texas-Mexico border region" has the meaning
assigned by Section 2056.002, Government Code.
Sec. 61.552. BORDER HEALTH CORPS. (a) The board shall
establish a program to encourage the training, recruitment, and
retention of health care professionals and practitioners in health
professional shortage areas in the Texas-Mexico border region.
Individuals participating in the program may be referred to as the
Border Health Corps. The board shall adopt rules as necessary to
administer the program.
(b) Practitioners in medicine, dentistry, and nursing are
eligible to participate in the program, including specialists and
subspecialists. The board may include other health care
professions in the program as the board determines appropriate to
address a shortage of practitioners in that profession in the
Texas-Mexico border region.
(c) In granting loan repayment assistance or other benefits
to individuals in the program, the board shall give priority to:
(1) health professional shortage areas with the
highest health professional shortage area scores or rankings; and
(2) individuals in fields and areas of practice for
which the greatest need exists in health professional shortage
areas in the Texas-Mexico border region.
Sec. 61.553. EDUCATION LOAN REPAYMENT ASSISTANCE. (a) To
the extent funding is available, the board shall provide assistance
in the repayment of education loans to individuals in the program.
To receive loan repayment assistance, an individual must agree to
practice for at least two years in the individual's field or area of
practice in a health professional shortage area in the Texas-Mexico
border region.
(b) An individual may not receive more than $10,000 in loan
repayment assistance under the program in any year. The amount of
loan repayment assistance an individual receives may not exceed the
amount of principal and interest due on the loan during the period
of service for which the assistance is provided.
(c) The board shall pay the loan repayment assistance
directly to the entity to which the loan obligation is due. The
board shall make the payments periodically during the period of the
individual's practice and may make the payments in advance of that
practice. The board shall take action as necessary to recover any
amount for which the promised practice is not performed, subject to
any exception for hardship as the board considers appropriate.
(d) The board shall make loan repayment assistance awards
under this section to allow individuals in the program to qualify
for matching federal loan repayment assistance, to the extent
consistent with the purposes of the program.
Sec. 61.554. FUNDING. (a) The program is funded by
appropriations, including gifts and grants, and other money
available for purposes of the program. The board may solicit and
accept gifts and grants from any public or private source for the
program.
(b) The board shall take any action necessary, including
applying for waivers of applicable requirements or restrictions, to
permit federal funds available for loan repayment assistance under
the program to be available to individuals in the program who are in
private practice.
SECTION 6.02. MEDICAL EDUCATION PREPARATION. Subchapter C,
Chapter 61, Education Code, is amended by adding Sections 61.0902
and 61.0903 to read as follows:
Sec. 61.0902. EXTENDED UNDERGRADUATE MEDICAL EDUCATION
PREPARATION PROGRAM. The board shall examine the use of
undergraduate programs that require more than four years of
undergraduate course work to prepare students for graduate medical
education to determine whether such a program would be feasible or
effective in institutions of higher education in this state. If the
board determines that extended undergraduate medical education
preparation programs may be effective in the education and training
of physicians or other health care professionals in this state, the
board shall work with institutions of higher education to
successfully implement and conduct those programs.
Sec. 61.0903. RECRUITING AND RETAINING UNDERREPRESENTED
STUDENTS. (a) The board, in coordination with institutions of
higher education, shall develop a strategy to coordinate
recruitment and retention of students from ethnic or racial
backgrounds that are underrepresented in institutions of higher
education in this state.
(b) In coordinating efforts under this section, the board
and institutions of higher education shall:
(1) identify best practices in recruitment and
retention efforts; and
(2) create regional joint programs to eliminate
duplicate or overlapping recruitment and retention programs.
SECTION 6.03. PUBLIC SCHOOL PROGRAMS. Subchapter F,
Chapter 29, Education Code, is amended by adding Sections 29.187
and 29.188 to read as follows:
Sec. 29.187. HEALTH SCIENCE TECHNOLOGY AND COLLEGE
PREPARATION PROGRAMS IN BORDER REGION. (a) In this section,
"Texas-Mexico border region" has the meaning assigned by Section
2056.002, Government Code.
(b) The agency shall periodically assess the adequacy of
existing health science technology and college preparatory courses
and programs in secondary schools in the Texas-Mexico border
region. The agency shall encourage and assist school districts to
establish additional health science technology and college
preparatory courses and programs and to improve the quality of
existing courses and programs in those schools in which the agency
determines the need exists.
(c) The agency shall encourage and assist school districts
in the Texas-Mexico border region to operate mentoring programs
between students enrolled in health science technology and related
courses and health care professionals practicing in the
Texas-Mexico border region. The agency shall assist school
districts in administering the mentoring programs so that the
programs are effective in fostering student awareness of the health
professions and encouraging students to pursue an education leading
to a career in the health professions and to enter into practice in
the Texas-Mexico border region. The agency and participating
school districts shall track students who participate in the
mentoring programs to assess the success of those programs and to
allow the agency and participating school districts to improve
those programs.
(d) The agency shall report to the governor, the lieutenant
governor, and the speaker of the house of representatives not later
than September 1, 2004, on the agency's activities under this
section. The report shall include the agency's recommendations for
legislation, funding, or administrative action to address any need
identified by the agency for additional or improved health science
technology and college preparatory courses and programs in
secondary schools in the Texas-Mexico border region. This
subsection expires January 1, 2005.
Sec. 29.188. SUMMER STUDY SCIENCE PROGRAMS FOR
UNDERREPRESENTED STUDENTS. The agency shall establish a statewide
network of summer study science instruction programs for students
from ethnic or racial groups that are underrepresented in the
fields of science and medicine.
SECTION 6.04. REPEALER AND TRANSITION. (a) Subchapter G,
Chapter 487, Government Code, is repealed.
(b) The Office of Rural Community Affairs may continue to
administer the Texas Health Service Corps as provided by former
Subchapter G, Chapter 487, Government Code, with respect to a
person awarded or paid a stipend under the program before the repeal
of that subchapter. The office may not award a stipend under the
program on or after the effective date of this Act.
(c) It is the intent of the legislature that the Border
Health Corps established under Subchapter J-1, Chapter 61,
Education Code, as added by this Act, be funded primarily from
revenue that would have been appropriated to fund the Texas Health
Service Corps, if that program had not been abolished by this Act.
All money and appropriations available or designated to administer
the Texas Health Service Corps on the effective date of this Act are
reallocated or reappropriated, as appropriate, to the Texas Higher
Education Coordinating Board to administer the Border Health Corps
under Subchapter J-1, Chapter 61, Education Code, as added by this
Act, except as necessary to permit the Office of Rural Community
Affairs to comply with Subsection (b) of this section.
ARTICLE 7. OFFICE OF STATE-FEDERAL RELATIONS
SECTION 7.01. REPORT. (a) As part of its report under
Section 751.022(c), Government Code, the Office of State-Federal
Relations shall report, not later than September 1, 2004, on
efforts by the office and actions of the federal government to
increase federal Medicaid funding to the border region and to
increase matching funds for other health care programs in the
border region. The report must include recommendations for
maximizing the amount of federal money available to the border
region for health care programs.
(b) This section expires January 1, 2005.
SECTION 7.02. FEDERAL HEALTH CARE FUNDS AVAILABLE TO BORDER
REGION. Subchapter B, Chapter 751, Government Code, is amended by
adding Section 751.025 to read as follows:
Sec. 751.025. FEDERAL HEALTH CARE FUNDS TO BORDER REGION.
(a) In this section, "Texas-Mexico border region" has the meaning
assigned by Section 2056.002.
(b) The office shall make efforts to:
(1) achieve equity in reimbursement rates between
health care professionals in the Texas-Mexico border region and
health care professionals in other areas of the state; and
(2) increase the Federal Medical Assistance
Percentage for the Texas-Mexico border region.
ARTICLE 8. EFFECTIVE DATE
SECTION 8.01. EFFECTIVE DATE. This Act takes effect
September 1, 2003.