79R1136 MCK-D
By: Delisi H.B. No. 1064
A BILL TO BE ENTITLED
AN ACT
relating to creating the Governor's Health Care Coordinating
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. GOVERNOR'S HEALTH CARE COORDINATING COUNCIL
Sec. 113.001. DEFINITION. In this chapter, "council" means
the Governor's Health Care Coordinating Council.
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 Employees Retirement System of Texas;
(5) the Teacher Retirement System of Texas;
(6) the Correctional Managed Health Care Committee;
and
(7) any other state agency identified by the governor
that purchases health care products or services.
Sec. 113.003. COMPENSATION AND EXPENSES. Service on the
council is an additional duty of a member's office or employment. A
member of the council is not entitled to compensation but is
entitled to reimbursement of travel expenses incurred by the member
while conducting the business of the council, as provided in the
General Appropriations Act.
Sec. 113.004. SUPPORT STAFF. The council's member agencies
shall provide the staff for the council.
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. 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) 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 biennial report of the council's
findings and recommendations to the governor, lieutenant governor,
and speaker of the house of representatives.
Sec. 113.007. PURCHASE OF HEALTH CARE PRODUCTS OR SERVICES.
(a) 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.
(b) Before a state agency issues a request for the purchase
of health care products or services, the agency must notify the
council of the pending purchase. The council shall determine
whether another state agency has previously purchased the same
health care products or services or is currently in the process of
purchasing those products or services. The council shall assist
the state agencies in coordinating the purchase of the health care
products or services.
(c) After a state agency enters into a contract for the
purchase of health care products or services, the agency must
report to the council:
(1) the name of the seller of the health care products
or services;
(2) the health care products or services purchased;
and
(3) the purchase price for the products or services.
(d) The council shall maintain a database of the information
relating to the purchase of health care products or services the
council receives under this section.
SECTION 2. Section 431.116(e), Health and Safety Code, is
amended to read as follows:
(e) The department shall report the information collected
under Subsection (b) to the Governor's Health Care Coordinating
Council [Interagency Council on Pharmaceuticals Bulk Purchasing].
SECTION 3. Section 431.208(d), Health and Safety Code, is
amended to read as follows:
(d) The department shall report the information collected
under Subsection (a) to the Governor's Health Care Coordinating
Council [Interagency Council on Pharmaceuticals Bulk Purchasing].
SECTION 4. Chapter 111, Health and Safety Code, is
repealed.
SECTION 5. (a) The Interagency Council on Pharmaceuticals
Bulk Purchasing is abolished. All powers, duties, obligations,
rights, contracts, appropriations, records, and property of the
Interagency Council on Pharmaceuticals Bulk Purchasing are
transferred to the Governor's Health Care Coordinating Council.
(b) A rule, policy, procedure, or decision of the
Interagency Council on Pharmaceuticals Bulk Purchasing continues
in effect as a rule, policy, procedure, or decision of the
Governor's Health Care Coordinating Council until superseded by an
act of the Governor's Health Care Coordinating Council.
(c) A reference in another law to the Interagency Council on
Pharmaceuticals Bulk Purchasing means the Governor's Health Care
Coordinating Council.
SECTION 6. 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.