2003S0410-2 03/07/03
By: Janek S.B. No. 1171
A BILL TO BE ENTITLED
AN ACT
relating to a demonstration project to provide certain services to
trauma victims through the medical assistance program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
is amended by adding Section 32.057 to read as follows:
Sec. 32.057. DEMONSTRATION PROJECT FOR TRAUMA VICTIMS. (a)
In this section:
(1) "Intoxicated" has the meaning assigned by Section
49.01, Penal Code.
(2) "Project" means the trauma care demonstration
project created under this section.
(3) "Traumatic injury" means severe damage to or
destruction of tissue that:
(A) creates a significant risk of:
(i) loss of life;
(ii) loss of limb;
(iii) significant, permanent disfigurement;
or
(iv) significant, permanent disability;
and
(B) is caused by:
(i) a blunt or penetrating injury;
(ii) exposure to electromagnetic,
chemical, or radioactive energy;
(iii) drowning, suffocation, or
strangulation; or
(iv) a deficit or excess of heat.
(4) "Trauma care" means the assessment, diagnosis,
transportation, and treatment of a trauma victim by emergency
medical services personnel or by a physician and hospital staff.
The term includes hospitalization at a trauma center designated as
a Level I, Level II, or Level III trauma center by the American
College of Surgeons and the costs associated with the
hospitalization.
(5) "Trauma victim" means a person who has sustained a
traumatic injury.
(b) The department shall establish a demonstration project
providing trauma care to trauma victims. The project shall be
established in Harris and Galveston counties.
(c) The department shall ensure that the project is financed
using:
(1) funds made available for the project by Harris and
Galveston counties;
(2) additional assessments of court costs in Harris
and Galveston counties for the purpose of funding trauma care under
this section as follows:
(A) $50 for cases involving vehicular speeding
violations;
(B) $100 for cases involving driving while
intoxicated, whether resulting in conviction, deferred
adjudication, or a plea of nolo contendere;
(C) $100 for cases involving a moving vehicle
violation resulting in an accident;
(D) $100 for cases involving evading arrest; and
(E) $200 for cases involving an illegal discharge
or sale of a firearm; and
(3) $10 million from unclaimed lottery proceeds after
the first $40 million from such proceeds per biennium is paid to The
University of Texas Medical Branch at Galveston.
(d) A person is eligible to participate in the project if
the person:
(1) is a male or nonpregnant female trauma victim;
(2) is at least 18 years of age but younger than 65
years of age;
(3) has a net family income of not more than 200
percent of the federal poverty level;
(4) receives trauma care in Harris or Galveston County
that is included in the project;
(5) is not covered by a health benefits plan; and
(6) is not otherwise eligible for medical assistance
at the time the person's eligibility for participation in the
project is determined.
(e) Participation in the project does not entitle a person
to other services provided under the medical assistance program.
(f) All funds, assessments, and proceeds received or
collected under this section shall be remitted to and administered
by the Houston-Galveston Area Council, which shall deposit the
funds in an account to be known as the trauma care demonstration
project fund. Revenues from the fund may be used only for the
provision of trauma care under this section. The council shall
submit quarterly fund reports to the department.
(g) Not later than December 1 of each even-numbered year,
the department shall submit a biennial report to the legislature
relating to the department's progress in establishing and operating
the project.
(h) Not later than December 1, 2006, the department shall
evaluate the cost-effectiveness of the project, including whether
the services and medications provided to project participants
reduce the cost of future medical care by an amount that is greater
than the cost of the trauma care. If the results of the evaluation
indicate that the project is cost-effective, the department shall
incorporate a request for funding for the expansion of the project
into additional counties or throughout the state, as appropriate,
in the department's budget request for the next state fiscal
biennium.
(i) This section expires September 1, 2007.
SECTION 2. The state agency responsible for implementing
the trauma care demonstration project required under Section
32.057, Human Resources Code, as added by this Act, shall request
and actively pursue any necessary waivers or authorizations from
the Centers for Medicare and Medicaid Services of the United States
Department of Health and Human Services or other appropriate
entities to enable the agency to implement the project not later
than September 1, 2004. The agency may delay implementing the
project until the necessary waivers or authorizations are granted.
SECTION 3. 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.