H.B. No. 916
AN ACT
relating to a study of the health care delivery system in certain
medically underserved communities and creating the Texas Health
Care Policy Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle E, Title 2, Health and Safety Code, is
amended by adding Chapter 113 to read as follows:
CHAPTER 113. TEXAS HEALTH CARE POLICY COUNCIL
Sec. 113.001. DEFINITIONS. In this chapter:
(1) "Council" means the Texas Health Care Policy
Council.
(2) "Partnership" means the Texas Health Workforce
Planning Partnership.
Sec. 113.002. COMPOSITION OF COUNCIL. (a) The council is
within the office of the governor and shall report to the governor
or the governor's designee.
(b) The council is composed of the administrative head of
the following agencies or that person's designee:
(1) the Health and Human Services Commission;
(2) the Department of State Health Services;
(3) the Department of Aging and Disability Services;
(4) the Texas Workforce Commission;
(5) the Texas Higher Education Coordinating Board;
(6) the Texas Department of Insurance;
(7) the Employees Retirement System of Texas;
(8) the Teacher Retirement System of Texas;
(9) each health care related licensing agency
identified by the governor; and
(10) any other state agency or system of higher
education identified by the governor that purchases or provides
health care services.
Sec. 113.003. ADVISORY COMMITTEES AND AD HOC COMMITTEES;
TEXAS HEALTH WORKFORCE PLANNING PARTNERSHIP. (a) The council may
form advisory and ad hoc committees as necessary to accomplish the
council's purpose, including committees composed of health care
experts from the public and private sectors to review policy
matters related to the council's purpose.
(b) The Texas Health Workforce Planning Partnership is a
standing subcommittee of the council and is composed of:
(1) the members of the council representing:
(A) the Health and Human Services Commission;
(B) the Department of State Health Services;
(C) the Texas Workforce Commission;
(D) the Texas Higher Education Coordinating
Board; and
(E) any other state agency or system of higher
education identified by the governor that impacts health care
workforce planning; and
(2) the administrative head of the following agencies
or that person's designee:
(A) the Health Professions Council; and
(B) the Office of Rural Community Health Affairs.
(c) The partnership shall monitor the health care workforce
needs of the state, including monitoring the number and type of
health care workers in the state by region and the health care
workforce needs of the state, identifying any changes in the number
of health care workers or health care workforce needs, and
monitoring the quality of care provided by the health care
workforce.
(d) The partnership shall:
(1) undertake and implement appropriate health care
workforce planning activities; and
(2) research and identify ways to increase funding for
health care, including obtaining money from federal, state,
private, or public sources.
Sec. 113.004. COMPENSATION AND EXPENSES. Service on the
council or the partnership is an additional duty of a member's
office or employment. A member of the council or the partnership is
not entitled to compensation but is entitled to reimbursement of
travel expenses incurred by the member while conducting the
business of the council or the partnership, as provided in the
General Appropriations Act.
Sec. 113.005. MEETINGS. (a) The council shall meet at
least once each year. The council may meet at other times at the
call of the presiding officer or as provided by the rules of the
council.
(b) The council is a governmental body for purposes of the
open meetings law, Chapter 551, Government Code.
Sec. 113.006. DIRECTOR; STAFF. (a) The council shall,
subject to the approval of the governor, hire a director to serve as
the chief executive officer of the council and to perform the
administrative duties of the council.
(b) The director serves at the will of the council.
(c) The director may hire staff within guidelines
established by the council.
Sec. 113.007. FUNDING. Each state agency represented on
the council shall provide funds for the support of the council and
to implement this chapter. The council, with the governor's
approval, shall establish a funding formula to determine the level
of support each state agency must provide.
Sec. 113.008. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
director or the director's designee shall prepare and maintain a
written policy statement that implements a program of equal
employment opportunity to ensure that all personnel decisions are
made without regard to race, color, disability, sex, religion, age,
or national origin.
(b) The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the council to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the council's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must:
(1) be updated annually;
(2) be reviewed by the civil rights division of the
Texas Workforce Commission for compliance with Subsection (b)(1);
and
(3) be filed with the governor's office.
Sec. 113.009. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
director or the director's designee shall provide to members of the
council and to council employees, as often as necessary,
information regarding the requirements for office or employment
under this chapter, including information regarding a person's
responsibilities under applicable laws relating to standards of
conduct for state officers or employees.
Sec. 113.010. RESEARCH PROJECTS; REPORT. (a) The council
shall identify gaps, flaws, inefficiencies, or problems in the
health care system that create systemic or substantial negative
impacts on the participants in the health care system, study those
problems, and identify possible solutions for the state or other
participants in the system.
(b) Not later than September 1 after each regular session of
the legislature, the speaker of the house of representatives and
the lieutenant governor may submit health care related issues to
the governor for referral to the council. The health care related
issues may include:
(1) disparities in quality and levels of care;
(2) problems for uninsured individuals;
(3) the cost of pharmaceuticals;
(4) the cost of health care;
(5) access to health care;
(6) the quality of health care; or
(7) any other issue related to health care.
(c) The governor shall refer health care related issues to
the council for research and analysis. The governor shall
prioritize the issues for the council. The council shall study
those issues identified by the governor and identify possible
solutions for the state or other participants in the health care
system.
(d) Not later than December 31 of each even-numbered year,
the council shall submit a report of the council's findings and
recommendations to the governor, lieutenant governor, and speaker
of the house of representatives.
(e) The report submitted under Subsection (d) must include
recommendations from the partnership and any other advisory body
formed under Section 113.003.
Sec. 113.011. PURCHASE OF HEALTH CARE PRODUCTS OR SERVICES.
The council shall ensure the most effective collaboration among
state agencies in the purchase of health care products or services.
As a state agency develops an expertise in purchasing health care
products or services, that agency shall assist other agencies in
the purchase of the same products or services.
Sec. 113.012. USE OF TECHNOLOGY IN HEALTH CARE. (a) The
council shall facilitate and promote the use of technology in the
health care system as a way to decrease administrative costs and to
increase and improve the quality of health care.
(b) The council shall monitor, research, and promote
initiatives relating to patient safety and the use of telemedicine
and telehealth.
(c) The council shall coordinate its activities with other
offices and state agencies that are primarily focused on the use of
technology or the use of technology in health care.
Sec. 113.013. INFORMATION RESOURCE. (a) The council shall
establish a clearinghouse of information to assist communities in
assessing the needs of local health care systems. The council
shall:
(1) collect information on innovative health care
service delivery models and make that information available to
communities;
(2) provide information on grants and technical
assistance in the application process; and
(3) collect information on the development and testing
of quality measures.
(b) The council shall investigate the best ways to collect,
compare, and communicate the information to local communities.
Sec. 113.014. COORDINATION WITH OTHER ORGANIZATIONS. (a)
The council may coordinate its research and reporting activities
with other public or private entities performing research on health
care policy or other topics related to the mission of the council,
including academic institutions and nonprofit organizations.
(b) The council may contract with public or private entities
to perform its research and reporting activities.
SECTION 2. (a) In this section, "medically underserved
community" means a community that has been designated under state
or federal law as a health professional shortage area.
(b) The statewide health coordinating council in
conjunction with area health education centers shall study the
health care delivery system in five geographically diverse
medically underserved communities of the state who request to be
part of the study. Four of the communities must be located in a
county with a population of 50,000 or less. One of the communities
must be located in an urban county. As part of the study the
Department of State Health Services shall:
(1) identify the ways in which nonphysician health
care providers are being used to supplement the provision of health
care services in medically underserved communities;
(2) determine which medically underserved communities
of the state have been successful and unsuccessful in recruiting
and retaining physicians to practice in the community;
(3) identify the nonphysician health care providers
who could, within the scope of the health care provider's license,
certification, or registration, supplement the provision of health
care services in medically underserved communities;
(4) examine whether alternative supervision of
nonphysician health care providers or delivery of services by
nonphysician health care providers in nontraditional settings
would provide a benefit in the delivery of health care services in
medically underserved communities;
(5) examine whether each community is medically
underserved as a result of a shortage of providers, a shortage of
appropriate health care facilities, or both; and
(6) evaluate the measures each medically underserved
community has taken to resolve the health professional shortage in
the community, determine whether those measures have been
successful in reducing the shortage, and identify innovative
solutions that should be replicated.
(c) In performing the study under Subsection (b) of this
section, the Department of State Health Services shall consult with
a variety of the health care practitioners in medically underserved
communities, including emergency medical service providers,
physicians, nonphysician health care providers, rural hospitals,
rural health clinics, and family planning clinics.
(d) The Department of State Health Services shall seek the
participation of, and consult with, representatives of each
medically underserved community in the study to develop ways the
community can improve the delivery of health care services.
(e) Not later than January 1, 2007, the Department of State
Health Services shall report the results of the study conducted
under this section in writing to the lieutenant governor, the
speaker of the house of representatives, and the members and
members-elect of the 80th Legislature. The report must include any
proposed legislation the department, through this study,
determines will facilitate the improvement of the delivery of
health care in medically underserved communities.
(f) This section expires September 1, 2007.
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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 916 was passed by the House on April
26, 2005, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 916 on May 27, 2005, by the following vote: Yeas 135, Nays 0, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 916 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor