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79R8437 T
By: Solis H.B. No. 1732
A BILL TO BE ENTITLED
AN ACT
relating to the long-range plan for the South Texas Health Care
System and the provision of tuberculosis and other health care
services in the Lower Rio Grande Valley.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1–7, Chapter 1106, Acts of the 76th
Legislature, Regular Session, 1999, are amended to read as follows:
SECTION 1. CONSTRUCTION OF NEW PHYSICAL FACILITIES FOR
OUTPATIENT HEALTH CARE SERVICES. (a) The [Texas] Department of
State Health Services shall contract for the construction of at
least one [an initial,] new physical facility for outpatient health
care services out of funds appropriated to the department for that
purpose.
(b) [The initial physical facility constructed under
Subsection (a) of this section must be:
(1) [located at the site of the South Texas Hospital in
Harlingen, Texas; or
[(2) colocated with the initial site of the Regional
Academic Health Center at a common site in Harlingen, Texas, and
adjacent to the center.]
[(c) The contract under Subsection (a) of this section for
the construction of the initial physical facility in Harlingen,
Texas, must specify that the physical facility be designed and
constructed to allow for the provision of all outpatient health
care services, including outpatient tuberculosis services,
provided at the South Texas Hospital on the effective date of this
Act. The facility may be designed and constructed to allow for the
provision of additional outpatient health care services.]
[(d) If the initial physical facility constructed under
Subsection (a) of this section is colocated with the Regional
Academic Health Center, the contract under this section must
specify that, to the maximum extent possible, that facility and the
Regional Academic Health Center must be designed and constructed
together to realize potential savings in construction costs and
long term maintenance and operations costs by using common central
utility plants, cafeterias, laundry facilities, maintenance
facilities, and other support facilities. The board of regents of
The University of Texas System shall cooperate with the Texas
Department of Health to coordinate the structure and design of the
physical facilities of the facility constructed under Subsection
(a) of this section and the Regional Academic Health Center to
achieve a maximally efficient use of resources.]
[(e) Out of funds available to the Texas Department of
Health for that purpose, the department may contract for the
construction of additional physical facilities for outpatient
health care services, including outpatient tuberculosis services.]
One facility may be located in Hidalgo County, [McAllen,] Texas,
and another facility may be located in Cameron County,
[Brownsville,] Texas.
SECTION 2. OUTPATIENT HEALTH CARE SERVICES. (a) On
completion of the [initial] physical facility or facilities [in
Harlingen, Texas,] required by Section 1 of this Act, the provision
of all outpatient health care services, including outpatient
tuberculosis services, provided by the South Texas Health Care
System [Hospital on the effective date of this Act] shall be
transferred to that facility or facilities.
(b) The [Texas] Department of State Health Services may
contract with one or more public or private health care providers or
entities for the management and operation of the physical
facilities constructed under Section 1 of this Act and for the
provision of outpatient health care services at those facilities.
SECTION 3. INPATIENT HEALTH CARE AND RELATED LABORATORY
SERVICES. Out of funds appropriated to the [Texas] Department of
State Health Services to provide inpatient health care services,
the department shall contract with one or more public or private
health care providers or entities, including a political
subdivision that is located in the Rio Grande Valley region and is
responsible for providing health care services to its residents,
for the provision of inpatient health care services, including
inpatient tuberculosis services, and related laboratory services
provided by the South Texas Health Care System [Hospital on the
effective date of this Act].
SECTION 4. INTERIM RENOVATION OF PHYSICAL FACILITIES OF
SOUTH TEXAS HEALTH CARE SYSTEM [HOSPITAL]. Out of funds
appropriated to the department for the purpose of this section, the
[Texas] Department of State Health Services shall contract for
minimally necessary structural and design renovations to the
physical facilities of the South Texas Health Care System
[Hospital] required for compliance with Texas Accessibility
Standards and the federal Americans with Disabilities Act of 1990
(42 U.S.C. Section 12101 et seq.), as amended, and for the continued
operation of the South Texas Health Care System [Hospital] to
provide outpatient health care services until construction of the
[initial] physical facility or facilities required by Section 1 of
this Act [in Harlingen, Texas,] for the provision of those services
is completed.
SECTION 5. FUTURE OF SOUTH TEXAS HEALTH CARE SYSTEM
[HOSPITAL]. If the Department of State Health Services does not use
the current physical facilities of the South Texas Health Care
System upon completion of the physical facility or facilities
required by Section 1 of this Act, the department [The Texas Board
of Health] shall give the [Texas] Department of Aging and
Disability Services [Mental Health and Mental Retardation] the
first option to lease the current physical facilities of the South
Texas Health Care System [Hospital] on completion of construction
of the [initial] physical facility or facilities required by
Section 1 of this Act for outpatient health care services [in
Harlingen, Texas], and after contracting providers or entities
under Section 3 of this Act have begun providing inpatient health
care and related laboratory services. If the [Texas] Department of
Aging and Disability Services [Mental Health and Mental
Retardation] does not lease the facilities, the department [Texas
Board of Health] shall study and prepare leasing and other options
for potential future uses of the facilities.
[SECTION 6. CONTINUATION OF SUPPORT SERVICES. (a) If the
initial physical facility constructed as required by Section 1 of
this Act is colocated with the Regional Academic Health Center, the
Texas Department of Health and the Texas Department of Mental
Health and Mental Retardation shall enter into an interagency
contract to provide for the continuation of support services for
the facility operated by the Texas Department of Mental Health and
Mental Retardation that is colocated with the South Texas Hospital.
[(b) The contract may include a provision requiring the
Texas Department of Health to continue providing employees for
support facilities at the site.]
SECTION 7. DISPLACED EMPLOYEES OF SOUTH TEXAS HEALTH CARE
SYSTEM [HOSPITAL]. (a) Out of available funds appropriated to
the [Texas] Department of State Health Services(((, the department
shall reassign a member of the employee class of the department who
is employed at the South Texas Health Care System [Hospital] and
whose position is displaced as a result of a contract entered into
by the [Texas] Department of State Health Services))) under this
Act or the transfer of services from the South Texas Health Care
System [Hospital] (((to an open position within the department in
reasonable proximity to the South Texas Health Care System
[Hospital]))) and for which the member is qualified. If
reassignment of a member of the employee class to another position
within the department is not possible, the department shall provide
job placement assistance to the member.
(b) A contract awarded by the [Texas] Department of State
Health Services under this Act must include a provision that the
contracting entity shall offer an employee of the South Texas
Health Care System [Hospital] whose position is displaced as a
result of the contract a similar employment position with the
contracting entity before offering the position to any other person
of the contracting entity determines that the displaced employee is
qualified for the position.