By:  Woolley, et al. (Senate Sponsor - Nelson)                    H.B. No. 916
	(In the Senate - Received from the House April 27, 2005; 
April 29, 2005, read first time and referred to Committee on Health 
and Human Services; May 17, 2005, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 6, 
Nays 0; May 17, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 916                                    By:  Nelson

A BILL TO BE ENTITLED
AN ACT
relating to 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. 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.
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