79R9344 KLA-D
By: Delisi H.B. No. 2479
A BILL TO BE ENTITLED
AN ACT
relating to health and human services in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 401, Government Code, is
amended by adding Section 401.105 to read as follows:
Sec. 401.105. RENEWING OUR COMMUNITIES FUND. (a) In this
section, "fund" means the renewing our communities fund.
(b) The renewing our communities fund is created to:
(1) increase the capacity of and strengthen
faith-based and secular community organizations to provide social
services to persons in this state who are in need of the services;
and
(2) provide local governmental entities with seed
money to establish local offices for faith-based and secular
community initiatives.
(c) The fund is a trust fund held outside of the state
treasury and is administered by the governor as trustee. Money from
the fund may be awarded and spent only for the purposes described by
this section and for reasonable administrative expenses. Interest
received from investment of money in the fund shall be credited to
the fund. The governor may accept for deposit into the fund gifts,
grants, or donations.
(d) Without requesting bids, the governor may:
(1) solicit and contract with another person to
administer the fund; and
(2) designate an entity to oversee the process of
awarding money from the fund under Subsections (f)(1) and (f)(3)
and perform assistance and service activities under Subsection (f).
(e) The governor annually shall determine general
priorities for awarding grants from the fund and for performing
related assistance and service activities. The governor shall
ensure that the amount of money awarded from the fund each fiscal
year is equal to at least 25 percent of the unexpended and
unobligated balance of the fund on the first day of the fiscal year.
(f) The governor may:
(1) award money from the fund to faith-based and
secular community organizations that are providing social services
to persons in this state;
(2) enter into cooperative agreements with one or more
intermediaries that serve faith-based and secular community
organizations that are providing social services to persons in this
state to:
(A) assist the organizations with:
(i) writing grants or managing grants
through workshops or other guidance;
(ii) obtaining legal advice or assistance
related to incorporating or obtaining a tax-exempt status; or
(iii) obtaining information about or
referrals to nonprofit organizations that provide expertise in
accounting issues, legal issues, tax issues, program development
matters, or other organizational topics;
(B) provide information or assistance to the
organizations related to building the capacities or capabilities of
the organizations;
(C) facilitate formation of networks,
coordination of services, and sharing of resources among
organizations;
(D) conduct needs assessments to identify:
(i) an organization's internal needs for
improvement; or
(ii) service gaps in a community that
present a need for developing or expanding services;
(E) provide the organizations with information
on and assistance in identifying or using best practices for
delivering social services to persons, families, and communities
and in replicating social services programs that have demonstrated
effectiveness;
(F) provide the organizations with information
on and assistance in using regional intermediary organizations to
increase and strengthen the capacities or capabilities of the
organizations; or
(G) encourage research into the best practices of
organizations that provide social services;
(3) award money from the fund to a local governmental
entity to provide seed money for a local office for faith-based and
secular community initiatives; and
(4) assist a local governmental entity in creating a
better partnership between government and faith-based and secular
community organizations for providing social services to persons in
this state.
(g) A secular or faith-based community organization is
eligible for an award of money from the fund or for an assistance or
service paid for by the fund only if the organization is a nonprofit
corporation or nonprofit association that:
(1) as of the date the organization applies for an
award under this section, has an annual budget for the provision of
social services of less than $450,000; or
(2) has six or fewer full-time-equivalent paid
employees engaged in the provision of social services.
SECTION 2. Subchapter A, Chapter 531, Government Code, is
amended by adding Section 531.0081 to read as follows:
Sec. 531.0081. OFFICE OF MEDICAL TECHNOLOGY. (a) In this
section, "office" means the office of medical technology.
(b) The commission shall establish the office of medical
technology within the commission. The office shall explore and
evaluate new developments in medical technology and propose
implementing the technology in the medical assistance program under
Chapter 32, Human Resources Code, the child health plan program,
and other health services programs administered by the commission,
if appropriate.
(c) Office staff must have skills and experience in
scientific analysis and evidence-based medicine.
(d) In performing the duties imposed under Subsection (b),
the office shall:
(1) propose improvements in the delivery of medical
assistance through telemedicine medical services and telehealth
services, which may include proposing changes to the types of
services covered, persons who may present the services at a remote
site, and types of technology used;
(2) propose policies and standards for providing
medical assistance and child health plan services through
telemedicine and other medical technology, including policies and
standards for the use of best practices that focus on those
practices' fiscal impact and impact on program participants'
quality of life;
(3) evaluate the use of remote medical technology in
the medical assistance program and other health services programs
administered by the commission that will enable elderly or disabled
persons to remain in their homes and avoid institutionalization,
including evaluating the costs and benefits of the technology and
the available evidence regarding circumstances that indicate the
technology is medically appropriate;
(4) encourage the use of technology described by
Subdivision (3), if appropriate;
(5) serve as a liaison with providers under the
medical assistance program, child health plan program, and other
health services programs administered by the commission;
(6) provide support through conducting research for
and presenting findings to appropriate entities that advise the
commission or the health and human services agencies;
(7) consult with public and private entities,
including institutions of higher education, to develop proposals
for implementing new medical technologies; and
(8) evaluate other developments in medical technology
as required by the executive commissioner.
(e) Not later than December 1 of each even-numbered year,
the office shall report to the legislature regarding the ongoing
efforts of the office and the commission to expand the use of
medical technology in the medical assistance program, the child
health plan program, and other health services programs
administered by the commission and the office's recommendations for
legislation to facilitate that expansion. The report must also
include a description of new medical technologies that have become
available during that state fiscal biennium that will enable
elderly or disabled persons to choose to remain in their homes
rather than move to an institution or to obtain improved health
outcomes as a result of improved monitoring of health conditions.
SECTION 3. Section 531.021, Government Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) In adopting rates for medical assistance payments under
Subsection (b)(2), the executive commissioner shall adopt
reimbursement rates for intensive nursing services provided by
skilled medical professionals to recipients with specified health
conditions, including pneumonia, if those services are provided as
an alternative to hospitalization. A physician must certify that
the intensive nursing services are medically appropriate for the
recipient for those services to qualify for reimbursement under
this subsection.
(g) In adopting rates for medical assistance payments under
Subsection (b)(2), the executive commissioner shall adopt
reimbursement rates for group appointments with medical assistance
providers for the following services:
(1) prenatal classes; and
(2) services for certain diseases and conditions
specified by rules of the executive commissioner, such as obesity.
SECTION 4. (a) Subchapter B, Chapter 531, Government Code,
is amended by adding Section 531.02131 to read as follows:
Sec. 531.02131. MEDICAID MEDICAL INFORMATION TELEPHONE
HOTLINE PILOT PROGRAM. (a) In this section:
(1) "Net cost-savings" means the total projected cost
of Medicaid benefits for an area served under the pilot program
minus the actual cost of Medicaid benefits for the area.
(2) "Physician" means an individual licensed to
practice medicine in this state or another state of the United
States.
(b) The commission shall evaluate the cost-effectiveness,
in regards to preventing unnecessary emergency room visits and
ensuring that Medicaid recipients seek medical treatment in the
most medically appropriate and cost-effective setting, of
developing a Medicaid medical information telephone hotline pilot
program under which physicians are available by telephone to answer
medical questions and provide medical information for recipients.
If the commission determines that the pilot program is likely to
result in net cost-savings, the commission shall develop the pilot
program.
(c) The commission shall select the area in which to
implement the pilot program. The selected area must include:
(1) at least two counties; and
(2) not more than 100,000 Medicaid recipients, with
approximately 50 percent of the recipients enrolled in a managed
care program in which the recipients receive services from a health
maintenance organization.
(d) The commission shall request proposals from private
vendors for the operation of a telephone hotline under the pilot
program. The commission may not award a contract to a vendor unless
the vendor agrees to contractual terms:
(1) requiring the vendor to answer medical questions
and provide medical information by telephone to recipients using
only physicians;
(2) providing that the value of the contract is
contingent on achievement of net cost-savings in the area served by
the vendor; and
(3) permitting the commission to terminate the
contract after a reasonable period if the vendor's services do not
result in net cost-savings in the area served by the vendor.
(e) The commission shall periodically determine whether the
pilot program is resulting in net cost-savings. The commission
shall discontinue the pilot program if the commission determines
that the pilot program is not resulting in net cost-savings after a
reasonable period.
(f) Notwithstanding any other provision of this section,
including Subsection (b), the commission is not required to develop
the pilot program if suitable private vendors are not available to
operate the telephone hotline.
(g) The executive commissioner shall adopt rules necessary
for implementation of this section.
(h) The participation of a physician in a telephone hotline
that is part of a pilot program established under this section does
not constitute the practice of medicine in this state.
(b) Not later than December 1, 2005, the Health and Human
Services Commission shall determine whether the pilot program
described by Section 531.02131, Government Code, as added by this
section, is likely to result in net cost-savings. If the
determination indicates that net cost-savings are likely, the
commission shall take the action required by Subsections (c)-(e) of
this section.
(c) Not later than January 1, 2006, the Health and Human
Services Commission shall select the counties in which the pilot
program will be implemented.
(d) Not later than February 1, 2006, the Health and Human
Services Commission shall request proposals from private vendors
for the operation of a medical information telephone hotline. The
commission shall evaluate the proposals and choose one or more
vendors as soon as possible after the receipt of the proposals.
(e) Not later than January 1, 2007, the Health and Human
Services Commission shall report to the governor, the lieutenant
governor, and the speaker of the house of representatives regarding
the pilot program. The report must include:
(1) a description of the status of the pilot program,
including whether the commission was unable to contract with a
suitable vendor;
(2) if the pilot program has been implemented:
(A) an evaluation of the effects of the pilot
program on emergency room visits by program participants; and
(B) a description of cost savings in the area
included in the pilot program; and
(3) recommendations regarding expanding or revising
the pilot program.
SECTION 5. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02175 to read as follows:
Sec. 531.02175. REIMBURSEMENT FOR ONLINE MEDICAL
CONSULTATIONS. (a) In this section, "physician" means a person
licensed to practice medicine in this state under Subtitle B, Title
3, Occupations Code.
(b) The executive commissioner by rule shall require the
commission and each health and human services agency that
administers a part of the Medicaid program to provide Medicaid
reimbursement for a medical consultation that is provided by a
physician using the Internet as an alternative to an in-person
consultation. The rules adopted by the executive commissioner must
be designed to specifically encourage the use of Internet
consultations for disabled Medicaid recipients who have
transportation barriers if that type of consultation is medically
appropriate.
(c) The executive commissioner shall ensure that:
(1) reimbursement is provided for the consultation
only if both the physician and the recipient consent to conducting
the consultation using the Internet; and
(2) a request for reimbursement is not denied solely
because an in-person consultation between the physician and the
Medicaid recipient did not occur.
(d) A physician who receives reimbursement under this
section shall establish quality of care protocols and patient
confidentiality guidelines to ensure that the consultation
provided meets legal requirements and acceptable patient care
standards.
(e) The commission, in consultation with the Texas State
Board of Medical Examiners, shall monitor and regulate the use of
Internet consultations to ensure compliance with this section.
(f) The Texas State Board of Medical Examiners, in
consultation with the commission, as appropriate, may adopt rules
as necessary to:
(1) ensure that appropriate care is provided to a
Medicaid recipient who receives an Internet consultation;
(2) prevent abuse and fraud through the use of
Internet consultations, including rules relating to records
required to be maintained in connection with the consultation; and
(3) define circumstances under which, subsequent to an
Internet consultation between a physician and a Medicaid recipient,
an in-person consultation is required.
SECTION 6. (a) Subchapter B, Chapter 531, Government Code,
is amended by adding Section 531.02444 to read as follows:
Sec. 531.02444. MEDICAID BUY-IN PROGRAM FOR CERTAIN PERSONS
WITH DISABILITIES. (a) The executive commissioner shall develop
and implement a Medicaid buy-in program for persons with
disabilities as authorized by the Ticket to Work and Work
Incentives Improvement Act of 1999 (Pub. L. No. 106-170) or the
Balanced Budget Act of 1997 (Pub. L. No. 105-33).
(b) The executive commissioner shall adopt rules in
accordance with federal law that provide for:
(1) eligibility requirements for the program; and
(2) requirements for participants in the program to
pay premiums or cost-sharing payments.
(b) Not later than December 1, 2005, the executive
commissioner of the Health and Human Services Commission shall
develop and implement the Medicaid buy-in program under Section
531.02444, Government Code, as added by this section. In
developing the program, the executive commissioner shall consider
the proposal for the program developed and submitted to the Health
and Human Services Commission by the work group on health care
options for certain persons with disabilities under Section
531.02443, Government Code.
SECTION 7. Section 531.072(b), Government Code, is amended
to read as follows:
(b) The preferred drug lists may contain only:
(1) drugs provided by a manufacturer or labeler that
reaches an agreement with the commission on supplemental rebates
under Section 531.070; and
(2) drugs with the same clinical efficacy as, but a
lower overall cost than, a drug that may be included under
Subdivision (1).
SECTION 8. (a) Subchapter B, Chapter 531, Government Code,
is amended by adding Section 531.083 to read as follows:
Sec. 531.083. HOSPITAL EMERGENCY ROOM USE REDUCTION
INITIATIVES. (a) The commission shall develop and implement a
comprehensive plan to reduce the use of hospital emergency room
services by persons who do not have medical homes. The plan must
include:
(1) a pilot program designed to facilitate program
participants in accessing an appropriate level of health care,
which must include as components:
(A) providing program participants access to
bilingual health services providers; and
(B) giving program participants information on
how to access primary care physicians, clinical nurse
practitioners, and local health clinics;
(2) a pilot program under which health care providers,
other than hospitals, are given financial incentives for treating
patients outside of normal business hours to divert those patients
from hospital emergency rooms;
(3) payment of a nominal referral fee to hospital
emergency rooms that perform an initial medical evaluation of a
patient and subsequently refer the patient, if medically stable, to
an appropriate level of health care, such as care provided by a
primary care physician or a local clinic;
(4) a pilot program under which the commission enters
into an agreement with a hospital under which the hospital arranges
transportation through methods such as prepaid taxi transportation
or shuttle service to transport emergency room patients who do not
have private transportation and do not need emergency services to a
location where the patients can receive an appropriate level of
health care, such as a federally qualified health center, as
defined by 42 U.S.C. Section 1396d(l)(2)(B);
(5) a program under which the commission or a managed
care organization that enters into a contract with the commission
under Chapter 533 contacts, by telephone or mail, a person who
accesses a hospital emergency room three times during a six-month
period and provides the patient with information on ways the person
may secure a medical home to avoid unnecessary treatment at
hospital emergency rooms; and
(6) a health care literacy program under which the
commission develops partnerships with other state agencies and
private entities to:
(A) assist the commission in developing
materials that contain basic health care information for parents of
young children participating in public or private child-care or
prekindergarten programs, including federal Head Start programs,
and that are:
(i) written in a language understandable to
those parents; and
(ii) specifically tailored to be applicable
to the needs of those parents;
(B) distribute the materials developed under
Paragraph (A) to those parents; and
(C) otherwise teach those parents about the
health care needs of their children and ways to address those needs.
(b) In developing and implementing the plan required by this
section, the commission shall include other initiatives developed
and implemented in other states that have shown success in reducing
the incidence of unnecessary treatment in hospital emergency rooms.
(b) The Health and Human Services Commission shall develop
the health care literacy component of the comprehensive plan to
reduce the use of hospital emergency room services required by
Section 531.083(a)(6), Government Code, as added by this section,
so that the health care literacy component operates in a manner
similar to the manner in which the Johnson & Johnson/UCLA Health
Care Institute operates its health care training program that is
designed to teach parents to better address the health care needs of
their children.
SECTION 9. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.084 to read as follows:
Sec. 531.084. PERFORMANCE BONUS PILOT PROGRAM. (a) The
commission shall develop and implement a pilot program for
providing higher reimbursement rates to health care providers under
the Medicaid program and other state health programs who treat
program recipients with chronic health conditions in accordance
with evidence-based, nationally accepted best practices and
standards of care.
(b) The commission shall define the parameters of the pilot
program, including:
(1) the state health programs in addition to the
Medicaid program for which the commission will operate the pilot
program;
(2) the types of chronic health conditions the pilot
program will target;
(3) the best practices and standards of care that must
be followed for a health care provider to obtain a higher
reimbursement rate under the pilot program; and
(4) the types of health care providers to whom the
higher reimbursement rate will be offered under the pilot program.
(c) Not later than December 1, 2006, the Health and Human
Services Commission shall report to the standing committees of the
senate and the house of representatives having primary jurisdiction
over welfare programs regarding the results of the pilot program
under this section. The report must include:
(1) the effect of the higher reimbursement rates
offered under the program on the quality of care provided and the
health outcomes for program recipients and the overall
cost-effectiveness of the higher reimbursement rates; and
(2) a recommendation regarding implementation of the
program statewide.
(d) This section expires September 1, 2007.
SECTION 10. (a) Subchapter B, Chapter 531, Government
Code, is amended by adding Section 531.085 to read as follows:
Sec. 531.085. EXCLUSION OF CERTAIN RESOURCES IN DETERMINING
ELIGIBILITY FOR CERTAIN PROGRAMS. (a) In this section:
(1) "Health savings account" means an account
containing funds that are used to pay for group or individual health
insurance or non-insured medical expenses and that qualify under
federal law for exemption from federal taxation. The term
includes:
(A) a health care reimbursement account;
(B) a health savings account; and
(C) a medical savings account.
(2) "Means-tested medical benefits program" includes:
(A) the Medicaid program;
(B) the child health plan program; and
(C) any other state medical benefits program for
which eligibility is based in whole or in part on a person's
household income and resources.
(b) The executive commissioner shall adopt rules under
which:
(1) the balance of a health savings account belonging
to an applicant for a means-tested medical benefits program or
belonging to a member of the applicant's household is excluded in
determining whether the applicant meets the household income and
resource requirements for eligibility for the program; and
(2) any amounts deducted from the applicant's income
or from the income of a member of the applicant's household on a
recurring basis are excluded from that income so that only the
applicant's or household member's net income after excluding those
amounts is considered in determining whether the applicant meets
the household income requirements for eligibility for a
means-tested medical benefits program.
(b) The changes in law made by Section 531.085, Government
Code, as added by this section, and rules adopted under that section
apply to:
(1) an applicant for a means-tested medical benefits
program who files an application for the program on or after the
effective date of this section; and
(2) a person receiving benefits under a means-tested
medical benefits program on or after the effective date of this
section, regardless of the date on which the person's eligibility
for the program was determined.
SECTION 11. (a) Chapter 533, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. INTEGRATED CARE MANAGEMENT MODEL
Sec. 533.061. INTEGRATED CARE MANAGEMENT MODEL PILOT
PROJECT. (a) In this section, "medical home" means a primary care
physician or other health care provider who:
(1) manages and coordinates all aspects of a
recipient's health care; and
(2) has a continuous and ongoing professional
relationship with the recipient.
(b) The executive commissioner by rule shall establish, and
the commission shall conduct and evaluate, a pilot project to
determine the cost savings, health benefits, and effectiveness of
providing medical assistance through an integrated care management
model to the following populations of recipients:
(1) recipients of financial assistance under Chapter
31, Human Resources Code;
(2) pregnant women;
(3) children;
(4) aged, blind, or disabled persons who are not
residents of long-term care facilities; and
(5) a small number of other recipients who are
identified as having the highest medical costs.
(c) The integrated care management model developed under
the pilot project must include the following components:
(1) the assignment of recipients to a medical home;
(2) the establishment of a system for integrated care
management that addresses or provides for:
(A) acute or long-term care services, as
appropriate;
(B) the coordination and management of disease
management services; and
(C) case management, including case management
for recipients with chronic health conditions and management of
prescription drug use;
(3) the performance of health risk assessment
screenings on the initial enrollment of recipients in the pilot
project to identify those recipients who have or are at risk of
developing a chronic illness;
(4) a method for reporting the results of assessment
screenings described by Subdivision (3) to the recipient's medical
home;
(5) a method for reporting to physicians or other
appropriate health care providers at least quarterly on the use by
patients of:
(A) prescription drugs and the associated cost of
that use; and
(B) other health care services and the associated
cost of those uses;
(6) coordination by the patient's medical home of the
patient's support services, including home health services or
durable medical equipment;
(7) the establishment of a reimbursement system that
provides higher levels of payment for providers who:
(A) establish and maintain clinics to treat
recipients after normal business hours, as defined by rule of the
executive commissioner;
(B) incorporate early and periodic screening,
diagnosis, and treatment services into the medical home; and
(C) adhere to evidence-based, clinical
guidelines and performance measures that are developed by
physicians and subjected to a scientific peer review process;
(8) a comprehensive quality management program; and
(9) any other appropriate component the executive
commissioner determines will improve a recipient's health outcome
and is cost-effective.
(d) The commission shall implement the pilot project in at
least eight areas of this state, including both urban and rural
areas. At least one-half of the pilot project sites must be in
areas of this state in which a primary care case management model of
Medicaid managed care was being used to provide medical assistance
to recipients on January 1, 2005.
Sec. 533.062. TECHNOLOGICAL SUPPORT AND CARE COORDINATION.
(a) In implementing the integrated care management model of
Medicaid managed care under this subchapter, the commission shall
contract for technological support and care coordination as
necessary to assure appropriate use of services by and
cost-effective health outcomes for recipients.
(b) In awarding a contract under this section, the
commission shall:
(1) consider the effect of the contract on integrated
care management providers; and
(2) make a reasonable effort to reduce any
administrative barrier for those providers.
(c) The services provided under the contract should be
designed to enhance the ability of integrated care management
providers to be effective and responsive in making treatment
decisions.
Sec. 533.063. STATEWIDE ADVISORY COMMITTEE OF PROVIDERS.
(a) The executive commissioner shall appoint an advisory committee
of health care providers or representatives of those providers to
assist the executive commissioner in developing the integrated care
management model. The executive commissioner shall consult the
advisory committee throughout the development of the model,
including in relation to the development of proposed rules under
Section 533.061.
(b) The committee consists of the following members:
(1) six primary care physicians who practice in
different geographic areas of this state, including at least two
physicians with experience practicing under a primary care case
management model of Medicaid managed care;
(2) three physician specialists;
(3) one representative of a federally qualified health
center, as defined by 42 U.S.C. Section 1396d(l)(2)(B);
(4) one representative of a rural health clinic; and
(5) one representative of hospitals.
(c) The advisory committee shall meet as necessary to
perform the duties required by this section.
(d) A member of the committee may not receive compensation
for serving on the committee but is entitled to reimbursement for
reasonable and necessary travel expenses incurred by the member
while conducting the business of the committee, as provided by the
General Appropriations Act.
(e) The committee is not subject to Chapter 551, Government
Code.
Sec. 533.064. REGIONAL ADVISORY COMMITTEES. (a) In each
area of this state in which the commission plans to implement the
pilot project under Section 533.061, the executive commissioner
shall appoint an advisory committee for that area to assist with the
development and implementation of the integrated care management
model.
(b) A committee consists of individuals from the area with
respect to which the committee will provide advice and must include
the same number of members from each category of providers and
representatives of providers specified in Section 533.063(b).
(c) A committee is not subject to Chapter 551, Government
Code.
Sec. 533.065. REPORT. Not later than January 5, 2007, the
commission shall submit to the Legislative Budget Board, the
lieutenant governor, and the speaker of the house of
representatives a report describing the results of the pilot
project implemented under Section 533.061. The report must
include:
(1) information regarding:
(A) recipient and provider satisfaction;
(B) recipient access to primary and specialty
care services;
(C) recipient outcomes, including health status
improvement; and
(D) the fiscal impact to political subdivisions
of this state in the areas in which the pilot project is
implemented, including any cost savings realized by those entities
from the implementation; and
(2) recommendations on whether to implement the pilot
project statewide.
Sec. 533.066. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2009.
(b) The executive commissioner of the Health and Human
Services Commission shall adopt rules to implement the pilot
project established under Section 533.061, Government Code, as
added by this section, not later than December 1, 2005.
(c) To provide technological support and care coordination
services as required by Section 533.062, Government Code, as added
by this section, the Health and Human Services Commission may:
(1) if possible, modify an existing contract between
the commission and a contractor; or
(2) enter into an additional contract with a
contractor with which the commission has an existing contract.
SECTION 12. (a) Subtitle I, Title 4, Government Code, is
amended by adding Chapter 535 to read as follows:
CHAPTER 535. PROVISION OF HUMAN SERVICES THROUGH FAITH- AND
COMMUNITY-BASED INITIATIVES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 535.001. DEFINITIONS. In this chapter:
(1) "Community-based initiative" means a human
services initiative operated through a community organization.
(2) "Faith-based initiative" means a human services
initiative operated through a religious or denominational
organization, including an organization that is operated for
religious, educational, or charitable purposes and that is
operated, supervised, or controlled, wholly or partly, by or in
connection with a religious organization.
[Sections 535.002-535.050 reserved for expansion]
SUBCHAPTER B. GOVERNMENTAL LIAISONS FOR FAITH- AND COMMUNITY-BASED
INITIATIVES
Sec. 535.051. DESIGNATION OF FAITH- AND COMMUNITY-BASED
INITIATIVES LIAISONS. (a) The executive commissioner, in
consultation with the governor, shall designate one employee of the
commission and one employee from each health and human services
agency to serve as liaisons for faith- and community-based
initiatives.
(b) The chief administrative officer of each of the
following state agencies, in consultation with the governor, shall
designate one employee from the agency to serve as a liaison for
faith- and community-based initiatives:
(1) the Texas Department of Criminal Justice;
(2) the Texas Department of Housing and Community
Affairs;
(3) the Texas Education Agency;
(4) the Texas Juvenile Probation Commission;
(5) the Texas Veterans Commission; and
(6) the Texas Youth Commission.
Sec. 535.052. GENERAL DUTIES OF LIAISONS. A faith- and
community-based initiatives liaison designated under Section
535.051 shall:
(1) serve as the single point of contact for an
organization wanting to establish a faith- or community-based
initiative in partnership with the state agency the liaison
represents;
(2) identify and remove barriers to partnerships
between the state agency the liaison represents and organizations
wanting to establish faith- and community-based initiatives;
(3) provide information and training, if necessary,
for employees of the state agency the liaison represents regarding
equal opportunity standards for organizations wanting to establish
faith- and community-based initiatives through partnerships with
the agency;
(4) identify best practices for organizations wanting
to establish faith- and community-based initiatives through
partnerships with the state agency the liaison represents;
(5) coordinate outreach efforts to organizations that
have not traditionally formed partnerships with state agencies to
establish faith- and community-based initiatives;
(6) coordinate all efforts with the governor's office
of faith-based and community initiatives and provide information,
support, and assistance to that office as requested and to the
extent permitted by law; and
(7) attend conferences sponsored by federal agencies
and offices and other relevant entities to become and remain
informed of issues and developments regarding faith- and
community-based initiatives.
Sec. 535.053. REPORTS; MEETINGS. A faith- and
community-based initiatives liaison designated under Section
535.051 shall:
(1) provide periodic reports to the executive
commissioner or other chief executive officer who designated the
liaison, as applicable, on a schedule determined by the person who
designated the liaison;
(2) report annually to the governor regarding the
liaison's efforts to comply with the duties imposed under Section
535.052; and
(3) meet quarterly, or as otherwise required by the
governor, with the governor's office of faith-based and community
initiatives to report regarding the liaison's efforts to comply
with the duties imposed under Section 535.052.
[Sections 535.054-535.100 reserved for expansion]
SUBCHAPTER C. CENTERS FOR FAITH- AND COMMUNITY-BASED INITIATIVES
Sec. 535.101. DEFINITION. In this subchapter, "center"
means a center for faith- and community-based initiatives
established under Section 535.102.
Sec. 535.102. ESTABLISHMENT OF CENTERS FOR FAITH- AND
COMMUNITY-BASED INITIATIVES. The chief executive officers of the
Health and Human Services Commission, the Office of Rural Community
Affairs, and the Texas Workforce Commission shall each establish
within their respective agencies a center for faith- and
community-based initiatives. Each center must be operated in a
manner that promotes effective partnerships between the state
agency within which the center operates and organizations that
establish faith- or community-based initiatives to serve residents
of this state who need assistance.
Sec. 535.103. OPERATION OF CENTER. (a) In consultation
with the governor, the chief executive officer of the state agency
in which a center operates shall appoint a director for the center.
(b) The state agency within which a center operates shall
provide the center with appropriate staff, administrative support
services, and other resources to enable the center to perform the
duties imposed under this subchapter.
Sec. 535.104. GENERAL DUTIES OF CENTERS. (a) A center
shall:
(1) identify and remove barriers to partnerships
between the state agency within which the center operates and the
organizations wanting to establish faith- and community-based
initiatives;
(2) provide information and training, if necessary,
for employees of the state agency within which the center operates
regarding equal opportunity standards for organizations wanting to
establish faith- and community-based initiatives through
partnerships with the agency;
(3) identify best practices for organizations wanting
to establish faith- and community-based initiatives through
partnerships with the state agency within which the center
operates;
(4) based on the best practices identified under
Subdivision (3), develop proposals for innovative pilot programs
and initiatives;
(5) coordinate outreach efforts to inform and welcome
organizations that have not traditionally formed partnerships with
state agencies to establish faith- and community-based
initiatives;
(6) if appropriate, coordinate the use of volunteers
from organizations that establish faith- and community-based
initiatives to make the best use of those volunteers;
(7) coordinate all efforts with the governor's office
of faith-based and community initiatives and provide information,
support, and assistance to that office as requested and to the
extent permitted by law; and
(8) send representatives to attend conferences
sponsored by federal agencies and offices and other relevant
entities to become and remain informed of issues and developments
regarding faith- and community-based initiatives.
(b) In performing the duties imposed under Subsection (a), a
center shall coordinate with the liaison for faith- and
community-based initiatives designated under Subchapter B if a
liaison has been designated for the state agency within which the
center operates.
Sec. 535.105. REPORTS. The director of a center shall:
(1) provide periodic reports to the chief executive
officer of the state agency within which the center operates
regarding the center's performance of the duties imposed under
Section 535.104;
(2) report annually to the governor regarding the
center's efforts to perform the duties imposed under Section
535.104 and the center's outcomes on the performance measures
determined by the center; and
(3) meet quarterly, or as otherwise required by the
governor, with the governor's office of faith-based and community
initiatives to report regarding the center's performance of the
duties imposed under Section 535.104.
(b) The executive commissioner of the Health and Human
Services Commission and the chief executive officers of the Texas
Department of Criminal Justice, the Texas Department of Housing and
Community Affairs, the Texas Education Agency, the Texas Juvenile
Probation Commission, the Texas Veterans Commission, and the Texas
Youth Commission shall designate the liaisons for faith- and
community-based initiatives as required under Section 535.051,
Government Code, as added by this section, not later than November
1, 2005.
(c) Each center for faith- and community-based initiatives
established under Section 535.102, Government Code, as added by
this section, shall file a report with the governor not later than
March 1, 2006, that includes the center's performance measures on
which the center will report its outcomes in each annual report
under Section 535.105, Government Code, as added by this section.
SECTION 13. (a) Section 2055.001(1), Government Code, is
amended to read as follows:
(1) "Board," "department," "electronic government
project," "executive director," "local government," "major
information resources project," "quality assurance team," and
"TexasOnline" have the meanings assigned by Section 2054.003.
(b) Chapter 2055, Government Code, is amended by adding
Subchapter E to read as follows:
SUBCHAPTER E. GRANTS ASSISTANCE PROJECT
Sec. 2055.201. DEFINITION. In this subchapter, "state
grant assistance" means assistance provided by a state agency that
is available to a resident of this state, another state agency, a
local government, or a nonprofit or faith-based organization,
including a grant, contract, loan, loan guarantee, property,
cooperative agreement, direct appropriation, or other method of
disbursement.
Sec. 2055.202. ESTABLISHMENT OF PROJECT. The department
shall establish an electronic government project to develop an
Internet website accessible through TexasOnline that:
(1) provides a single location for state agencies to
post electronic summaries of state grant assistance opportunities
with the state agencies;
(2) enables a person to search for state grant
assistance programs provided by state agencies;
(3) allows, when feasible, electronic submission of
state grant assistance applications;
(4) improves the effectiveness and performance of
state grant assistance programs;
(5) streamlines and simplifies state grant assistance
application and reporting processes; and
(6) improves the delivery of services to the public.
Sec. 2055.203. ESTABLISHING PROJECT; COORDINATION. (a) In
establishing the electronic government project under this
subchapter, the department, in coordination with the office of the
governor, shall direct, coordinate, and assist state agencies in
establishing:
(1) a common electronic application and reporting
system, including:
(A) a standard format for announcing state grant
assistance opportunities;
(B) standard data elements for use in creating
state grant assistance opportunity announcement summaries,
including existing electronic grants programs and search
functions; and
(C) a common application form for a person to use
in applying for state grant assistance from multiple state grant
assistance programs that serve similar purposes and are
administered by different state agencies; and
(2) an interagency process for:
(A) improving interagency and intergovernmental
coordination of information collection and sharing of data between
persons responsible for delivering services relating to a state
grant assistance program; and
(B) improving the timeliness, completeness, and
quality of information received by a state agency from a recipient
of state grant assistance.
(b) A state agency shall provide the department and the
office of the governor financial and functional information about
any existing or potential systems that in any way provide the
functions described in Section 2055.202.
Sec. 2055.204. USE OF ELECTRONIC GRANT SYSTEM. (a) A state
agency may not expend appropriated money to implement or design a
new system that provides the functions described in Section
2055.202 without obtaining prior approval from the executive
director.
(b) The executive director shall determine whether to
approve a state agency's continued operation of an existing system
or to integrate the system into the project created under this
subchapter. The executive director may provide conditional
approval of ongoing expenditures while developing appropriate
project plans and funding models for the project.
(c) A state agency shall incorporate common grant
application forms developed under Section 2055.203 into the
agency's grant application and review processes.
(d) If the department determines that money should be
consolidated in the development of this project, the department
shall provide a funding model to the Legislative Budget Board and
the governor as required by Section 2055.057. A state agency with
an existing system approved or conditionally approved under
Subsection (b) is exempt from this subsection.
Sec. 2055.205. EXEMPT AGENCIES. (a) The executive
director may exempt a state agency or state grant assistance
program from the requirements of this subchapter if the executive
director determines that the state agency does not have a
sufficient number of state grant assistance programs.
(b) The governor, with the assistance of the department,
shall make a list of exempted agencies and information about
programs exempted from this subchapter available to the public
through the office of the governor's Internet website.
(c) Section 2055.204(b), Government Code, as added by this
section, does not apply to a state agency that operates an existing
system until the project created under Subchapter E, Chapter 2055,
Government Code, as added by this section, is operational.
SECTION 14. (a) Section 62.102(b), Health and Safety Code,
is amended to read as follows:
(b) The period of continuous eligibility may be established
at an interval of 6 months beginning immediately upon passage of
this Act and ending September 1, 2007 [2005], at which time an
interval of 12 months of continuous eligibility will be
re-established.
(b) Section 10(c), Chapter 584, Acts of the 77th
Legislature, Regular Session, 2001, as amended by Section 2.101,
Chapter 198, Acts of the 78th Legislature, Regular Session, 2003,
is amended to read as follows:
(c) The executive commissioner of the Health and Human
Services Commission [or the appropriate state agency operating part
of the medical assistance program under Chapter 32, Human Resources
Code,] shall adopt rules required by Section 32.0261, Human
Resources Code, as added by this Act, so that the rules take effect
in accordance with that section not earlier than September 1, 2002,
or later than September 1, 2007 [2005]. The rules must provide for
a 12-month period of continuous eligibility in accordance with that
section for a child whose initial or continued eligibility is
determined on or after the effective date of the rules.
SECTION 15. (a) Subchapter C, Chapter 62, Health and Safety
Code, is amended by adding Section 62.1021 to read as follows:
Sec. 62.1021. CONTINUOUS ELIGIBILITY FOR CHILDREN WITH
CERTAIN CHRONIC CONDITIONS. Notwithstanding Section 62.102, the
commission shall provide for a period of continuous eligibility for
an individual who is determined to be eligible for coverage under
the child health plan and who has a disease or other chronic health
condition that, if the individual were a recipient under the
medical assistance program, would qualify the individual for
disease management services under Section 32.059, Human Resources
Code, as added by Chapter 208, Acts of the 78th Legislature, Regular
Session, 2003, or Section 533.009, Government Code. The commission
shall provide that the individual remains eligible for the child
health plan benefits until the earlier of:
(1) the first anniversary of the date on which the
individual's eligibility was determined; or
(2) the individual's 19th birthday.
(b) Subchapter B, Chapter 32, Human Resources Code, is
amended by adding Section 32.02611 to read as follows:
Sec. 32.02611. CONTINUOUS ELIGIBILITY FOR PERSONS WITH
CERTAIN CHRONIC CONDITIONS. Notwithstanding other law, the
department shall provide for a period of continuous eligibility for
a person who is determined to be eligible for medical assistance
under this chapter and who has a disease or other chronic health
condition that would qualify the person for disease management
services under Section 32.059 of this code, as added by Chapter 208,
Acts of the 78th Legislature, Regular Session, 2003, or Section
533.009, Government Code. The rules shall provide that the person
remains eligible for medical assistance, without additional review
by the department and regardless of changes in the person's
resources or income, until the first anniversary of the date on
which the person's eligibility was determined or, if the person is a
child, until the earlier of:
(1) the first anniversary of the date on which the
person's eligibility was determined; or
(2) the person's 19th birthday.
(c) Section 62.1021, Health and Safety Code, as added by
this section, applies to a person enrolled in the child health plan
program under Chapter 62, Health and Safety Code, on or after the
effective date of this section, regardless of the date on which the
person's eligibility was determined. Section 32.02611, Human
Resources Code, as added by this section, applies to a recipient of
medical assistance on or after the effective date of this section,
regardless of the date on which the person's eligibility was
determined.
SECTION 16. Section 62.154, Health and Safety Code, is
amended by adding Subsection (e) to read as follows:
(e) The commission may waive the waiting period required by
Subsection (a) for a child if the child's eligibility for coverage
under the child health plan results from financial hardship caused
by the death or disability of the child's parent or guardian that
occurred within a year of the date of the application for coverage.
SECTION 17. (a) 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.
(b) 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].
(c) 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].
(d) Chapter 111, Health and Safety Code, is repealed.
(e) 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. 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. A reference in another law to the
Interagency Council on Pharmaceuticals Bulk Purchasing means the
Governor's Health Care Coordinating Council.
SECTION 18. (a) Subchapter D, Chapter 301, Labor Code, is
amended by adding Section 301.070 to read as follows:
Sec. 301.070. DATABASE OF VOLUNTEER OPPORTUNITIES. The
commission shall establish a comprehensive, searchable Internet
database that lists opportunities throughout this state for
volunteers to provide assistance to persons who are clients of
state public assistance programs. The commission shall adopt rules
regarding:
(1) minimum requirements a person who wants to submit
an opportunity for listing on the database must meet, including:
(A) the types of volunteer opportunities the
person may submit; and
(B) the minimum information that must be provided
for a listing on the database;
(2) the method by which a prospective volunteer may
contact the person who lists an opportunity on the database; and
(3) procedures for maintaining confidentiality with
respect to the identity of clients who receive assistance through
the database.
(b) The Texas Workforce Commission shall operate the
database of volunteer opportunities required by Section 301.070,
Labor Code, as added by this section, as a component of the Work In
Texas employment matching database maintained on the commission's
Internet website.
(c) The Texas Workforce Commission shall establish the
database of volunteer opportunities required by Section 301.070,
Labor Code, as added by this section, not later than January 1,
2006.
SECTION 19. Subchapter C, Chapter 562, Occupations Code, is
amended by adding Section 562.10851 to read as follows:
Sec. 562.10851. PILOT PROGRAM. (a) Notwithstanding
Section 562.1085 of this code, Chapter 431, Health and Safety Code,
or other law, the executive commissioner of the Health and Human
Services Commission in coordination with the board shall operate a
pilot program to allow the return of certain unused drugs that are
not sealed in the manufacturer's original packaging as required by
Section 562.1085(a)(1)(A).
(b) The pilot program under Subsection (a) may be conducted
only following passage of federal legislation to authorize the
return and redistribution of unused drugs that are not sealed in the
manufacturer's original packaging.
(c) This section expires September 1, 2010.
SECTION 20. HEALTH INSURANCE PREMIUM PAYMENT ASSISTANCE
PROGRAM. (a) The Health and Human Services Commission, in
consultation with the Texas Department of Insurance, shall conduct
a study to identify insurance reforms that would lower the cost of
group health benefit plans, as described by Section 1207.001,
Insurance Code, to small employers in a manner that will increase
the availability of group health benefit plans for which the state
can provide premium payment assistance under Section 62.059, Health
and Safety Code, for a child as an alternative to enrolling the
child in the children's health insurance program under Chapter 62,
Health and Safety Code.
(b) Not later than December 1, 2006, the Health and Human
Services Commission shall report to the standing committees of the
senate and the house of representatives that have primary
jurisdiction over insurance any recommendations for insurance
reforms identified in the study conducted under Subsection (a) of
this section.
SECTION 21. MEDICAID COVERAGE FOR HEALTH INSURANCE PREMIUMS
AND LONG-TERM CARE NEEDS. (a) The Health and Human Services
Commission shall explore the commission's authority under federal
law to offer, and the cost and feasibility of offering:
(1) a stipend paid by the Medicaid program to a person
to cover the cost of a private health insurance plan as an
alternative to providing traditional Medicaid services for the
person;
(2) premium payment assistance through the Medicaid
program for long-term care insurance for a person with a health
condition that increases the likelihood that the person will need
long-term care in the future; and
(3) a long-term care partnership between the Medicaid
program and a person under which the person pays the premiums for
long-term care insurance and the Medicaid program provides
continued coverage after benefits under that insurance are
exhausted, regardless of the person's household income or
resources.
(b) In exploring the feasibility of the options described by
Subsection (a) of this section, the Health and Human Services
Commission shall consider whether other state incentives that could
encourage persons to purchase health insurance plans or long-term
care insurance are feasible. The incentives may include offering
tax credits to businesses to increase the availability of
affordable insurance.
(c) If the Health and Human Services Commission determines
that any of the options described by Subsection (a) of this section
are feasible and cost-effective, the commission shall make efforts
to implement those options to the extent they are authorized by
federal law. The commission shall request any necessary waivers
from the Centers for Medicare and Medicaid Services as soon as
possible after determining that an option is feasible and
cost-effective. If the commission determines that legislative
changes are necessary to implement an option, the commission shall
report to the 80th Legislature and specify the changes that are
needed.
SECTION 22. CERVICAL CANCER INITIATIVE. (a) The
Department of State Health Services shall develop a strategic plan
to eliminate mortality from cervical cancer by the year 2015.
(b) The department shall collaborate with the Texas Cancer
Council and may convene workgroups as necessary that may include:
(1) physicians and nurses specializing in cervical
cancer screening, treatment, or research;
(2) cancer epidemiologists;
(3) representatives of medical schools or schools of
public health;
(4) high school or college health educators;
(5) representatives from geographic areas or other
population groups at higher risk of cervical cancer;
(6) representatives of community-based organizations
involved in providing education, awareness, or support relating to
cervical cancer; or
(7) other representatives the department determines
are necessary.
(c) In developing the plan, the Department of State Health
Services shall:
(1) identify barriers to effective screening and
treatment for cervical cancer, including specific barriers
affecting providers and patients;
(2) identify methods to increase the number of women
screened regularly for cervical cancer;
(3) review current technologies and best practices for
cervical cancer screening;
(4) review technology available to diagnose and
prevent infection by Human Papilloma Virus;
(5) develop methods to create partnerships with public
and private entities to increase awareness of cervical cancer and
the importance of regular screening;
(6) review current screening, treatment, and related
activities in this state and identify gaps in service;
(7) identify actions to be taken to reduce the
morbidity and mortality from cervical cancer by the year 2015 and a
time line for taking those actions; and
(8) make recommendations to the legislature on policy
changes and funding needed to achieve the strategic plan.
(d) Not later than December 31, 2006, the Department of
State Health Services shall deliver the strategic plan to the
governor and members of the legislature.
(e) This section expires January 1, 2007.
SECTION 23. HEALTH CARE INFORMATION TECHNOLOGY ADVISORY
COMMITTEE. (a) Not later than January 1, 2006, the executive
commissioner of the Health and Human Services Commission shall
appoint an advisory committee on health care information
technology. The committee must include representatives of
interested groups, including the academic community and
associations of physicians, hospitals, and nurses.
(b) The advisory committee shall develop a long-range plan
for health care information technology, including the use of
electronic medical records, computerized clinical support systems,
computerized physician order entry, regional data sharing
interchanges for health care information, and other methods of
incorporating information technology in pursuit of greater cost
effectiveness and better patient outcomes in health care.
(c) Members of the advisory committee serve without
compensation but are entitled to reimbursement for the member's
travel expenses as provided by Chapter 660, Government Code, and
the General Appropriations Act.
(d) Chapter 2110, Government Code, does not apply to the
advisory committee.
(e) The advisory committee shall deliver its
recommendations to the legislature and the executive commissioner
of the Health and Human Services Commission not later than
September 1, 2006.
(f) This section expires and the advisory committee is
abolished September 1, 2006.
SECTION 24. FEDERAL AUTHORIZATION FOR IMPLEMENTATION. If
before implementing any provision of this Act a state agency
determines that a waiver or authorization from a federal agency is
necessary for implementation of that provision, the agency affected
by the provision shall request the waiver or authorization and may
delay implementing that provision until the waiver or authorization
is granted.
SECTION 25. EFFECTIVE DATE. This Act takes effect
September 1, 2005.