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By: Delisi H.B. No. 3181
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Commission for State Health Care
Expenditures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 4, Government Code, is amended
by adding Chapter 534 to read as follows:
CHAPTER 534. COMMISSION FOR STATE HEALTH CARE EXPENDITURES
Sec. 534.001. DEFINITIONS. In this chapter "commission"
means the Commission for State Health Care Expenditures.
Sec. 534.002. COMMISSION FOR STATE HEALTH CARE
EXPENDITURES. The Commission for State Health Care Expenditures is
an agency of the state.
Sec. 534.003. SUNSET PROVISION. The Commission for State
Health Care Expenditures is subject to Chapter 325 (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the commission is abolished and this chapter expires September 1,
2013.
Sec. 534.004. COMMISSIONER. (a) The commission is under
the direction of a commissioner.
(b) The commissioner is appointed by the governor with the
advice and consent of the senate. The appointment of a commissioner
shall be made without regard to the race, color, disability, sex,
religion, age, or national origin of the appointee.
(c) A person is not eligible for appointment as the
commissioner if the person or the person's spouse:
(1) is employed by or participates in the management
of a business entity or other organization receiving funds from the
commission;
(2) owns or controls, directly or indirectly, any
interest in a business entity or other organization receiving funds
from the commission;
(3) uses or receives a substantial amount of tangible
goods, services, or funds from the commission, other than
compensation or reimbursement authorized by law for the
commissioner.
(d) The commissioner may not work for any agency or office
of the state other than the commission and may not perform duties
for any other state agency or office that could negatively affect
the performance of the commissioner's duties as commissioner of the
commission.
(e) It is grounds for removal from the position of
commissioner if the appointee:
(1) is disqualified for the position under Subsection
(c) or engages in an activity after appointment that, under
Subsection (c), would have disqualified the person for appointment
to the position;
(2) violates a prohibition established by Subsection
(d) or Section 534.006; or
(3) cannot because of illness or disability discharge
the commissioner's duties.
Sec. 534.005. STAFF. (a) The commissioner may employ
personnel necessary to administer the responsibilities of the
commission.
(b) Compensation authorized by law for personnel employed
under Subsection (a) shall not exceed $200,000.
(c) The commissioner, or the commissioner's designee, shall
provide to commission employee's, as often as necessary,
information regarding their qualification for employment under
this chapter and their responsibilities under applicable laws
relating to standards of conduct for state employees.
(d) The commissioner or the commissioner's designee shall
prepare and maintain a written policy statement to assure
implementation of a program of equal employment opportunity under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies that are in compliance with the
requirements of Chapter 21, Labor Code; and
(2) a comprehensive analysis of the commission
workforce that meets federal and state guidelines.
(e) A policy statement prepared under Subsection (d) must
cover a biennial period, be update biennially and reviewed by the
Commission on Human Rights for compliance with Subsection (d)(1),
and be filed with the governor's office.
(f) The governor's office shall deliver a biennial report to
the legislature based on the information received under Subsection
(e). The report may be made separately or as a part of other
biennial reports made to the legislature.
Sec. 534.006. CONFLICT OF INTEREST. (a) An officer,
employee, or paid consultant of a Texas trade association in the
field of health and human services may not be the commissioner of
the commission or an employee of the commission.
(b) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of health
and human services may not be the commissioner of the commission or
an employee of the commission.
(c) A person required to register as a lobbyist under
Chapter 305 may not be the commissioner of the commission or an
employee of the commission.
(d) For the purposes of this section, a Texas trade
association is a nonprofit, 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 promoting
their common interest.
Sec. 534.007. APPOINTMENT OF OTHER ADVISORY BODIES. The
governor may establish other advisory bodies the governor considers
necessary to advise the commission or to accomplish the purpose of
this chapter.
Sec. 534.008. GENERAL DUTY OF COMMISSION. (a) The
commission shall provide objective research and analysis of state
health care expenditures.
(b) the objective research and analysis provided under
Subsection (a) shall include:
(1) identification of potential cost-saving measures
relating to state health care expenditures; and
(2) the administrative or legislative steps necessary
for implementation of such cost-saving measures.
Sec. 534.009. CONSULTATION WITH GOVERNOR AND LEGISLATIVE
OFFICIALS. In setting the priorities for research projects of the
commission, the commissioner shall consult the governor,
lieutenant governor, speaker of the house of representatives, and
presiding officer of each standing committee of the senate and
house of representatives having jurisdiction over state health care
expenditures.
Sec. 534.010. CONTRACTUAL AUTHORITY. The commission may
contract with public or private entities in performance of its
responsibilities.
Sec. 534.011. FUNDS; GRANTS AND DONATIONS. (a) All money
paid to the commission under this chapter is subject to Subchapter
F, Chapter 404.
(b) The commissioner shall prepare annually a complete and
detailed written report accounting for all funds received and
disbursed by the policy council during the preceding fiscal year.
The annual report must meet the reporting requirements applicable
to financial reporting as provided in the General Appropriations
Act.
(c) The commission may accept grants and donations from
public and private entities in addition to legislative
appropriations.
Sec. 534.012. HEALTH AND HUMAN SERVICES PLAN; BIENNIAL
REPORT. The commission biennially shall submit to the legislature
a plan detailing the actions necessary to promote:
(1) a cost effective, consumer directed health and
human services system;
(2) cost effective, consumer directed health benefits
for public employees; and
(3) opportunities for cost savings in all areas of
state health care expenditures.
Sec. 534.013. ACCESS TO PROGRAMS AND FACILITIES. The
commission shall comply with federal and state laws related to
program and facility accessibility. The commissioner of the
commission shall also prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the commission's programs and services.
Sec. 534.014. CONSUMER INFORMATION AND COMPLAINTS. (a)
The commission shall prepare information of public interest
describing the functions of the commission and the procedures by
which complaints are filed with and resolved by the commission. The
commission shall make the information available to the public and
appropriate state agencies.
(b) The commissioner of the commission shall establish
methods by which consumers and service recipients are notified of
the name, mailing address, and telephone number of the commission
for the purpose of directing complaints to the commission. The
commissioner of the commission may provide for that notification on
each written contract made under this chapter for the services of an
individual or other entity.
(c) The commission shall keep a file about each written
complaint filed with the commission that the commission has
authority to resolve. The commission shall provide to the person
filing the complaint and the persons or entities complained about
the commission's policies and procedures pertaining to complaint
investigation and resolution. The commission, at least quarterly
and until final disposition of the complaint, shall notify the
person filing the complaint and the persons or entities complained
about of the status of the complaint unless the notice would
jeopardize an undercover investigation.
(d) The commission shall keep information about each
complaint filed with the commission. The information shall
include:
(1) the date the complaint is received;
(2) the name of the complainant;
(3) the subject matter of the complaint;
(4) a record of all persons contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) for complaints for which the agency took no
action, an explanation of the reason the complaint was closed
without action.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.