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79R2191 JTS-D
By: Truitt H.B. No. 3177
A BILL TO BE ENTITLED
AN ACT
relating to the allocation of money in the designated trauma
facility and emergency medical services account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 780.003(a), Health and Safety Code, is
amended to read as follows:
(a) The designated trauma facility and emergency medical
services account is created as a dedicated account in the general
revenue fund of the state treasury. Money in the account may [be
appropriated] only be used as follows:
(1) the amount necessary to maintain the reserve
required by Section 780.004(b) may only be appropriated to the
department for that purpose;
(2) four percent of the money remaining in the account
after the appropriation required by Subdivision (1) may only be
appropriated to the department for the purposes described by
Sections 780.004(d), (e), and (f);
(3) 30 percent of the money remaining in the account
after the appropriations required by Subdivisions (1) and (2) may
only be appropriated to the department for the purposes described
by Section 780.004(c)(1);
(4) 30 percent of the money remaining in the account
after the appropriations required by Subdivisions (1) and (2) may
only be appropriated to the Health and Human Services Commission
for the purposes described by Section 780.004(c)(2); and
(5) 40 percent of the money remaining in the account
after the appropriations required by Subdivisions (1) and (2) shall
be transferred to the undedicated portion of the general revenue
fund [Section 780.004].
SECTION 2. Section 780.004, Health and Safety Code, is
amended by amending Subsections (a), (c), (d), (e), and (f) and
adding Subsections (c-1) and (j) to read as follows:
(a) The commissioner and the executive commissioner of the
Health and Human Services Commission, with advice and counsel from
the chairpersons of the trauma service area regional advisory
councils, shall use money appropriated from the account established
under this chapter to fund designated trauma facilities, county and
regional emergency medical services, and trauma care systems in
accordance with this section.
(c) In any fiscal year:
(1) [,] the commissioner shall use [at least 96
percent of] the money appropriated from the account under Section
780.003(a)(3) to reimburse[, after any amount necessary to maintain
the reserve established by Subsection (b) is deducted, to fund a
portion of the uncompensated trauma care provided at] facilities
designated as state trauma facilities by the department, and [or
an] undesignated facilities [facility] in active pursuit of
designation, for a portion of the uncompensated trauma care
provided by those facilities; and
(2) the executive commissioner of the Health and Human
Services Commission shall use the money appropriated from the
account under Section 780.003(a)(4) for payments under Chapter 32,
Human Resources Code, to reimburse facilities designated as state
trauma facilities by the department and undesignated facilities in
active pursuit of designation for a portion of the uncompensated
trauma care provided by those facilities.
(c-1) Funds may be disbursed under Subsection (c) [this
subsection] based on a proportionate share of uncompensated trauma
care provided in the state and may be used to fund innovative
projects to enhance the delivery of patient care in the overall
emergency medical services and trauma care system.
(d) In any fiscal year, the commissioner shall use not more
than 50 [two] percent of the money appropriated from the account
under Section 780.003(a)(2)[, after any amount necessary to
maintain the reserve established by Subsection (b) is deducted,] to
fund, in connection with an effort to provide coordination with the
appropriate trauma service area, the cost of supplies, operational
expenses, education and training, equipment, vehicles, and
communications systems for local emergency medical services. The
money shall be distributed on behalf of eligible recipients in each
county to the trauma service area regional advisory council for
that county. To receive a distribution under this subsection, the
regional advisory council must be incorporated as an entity that is
exempt from federal income tax under Section 501(a), Internal
Revenue Code of 1986, and its subsequent amendments, by being
listed as an exempt organization under Section 501(c)(3) of that
code. The share of the money allocated to the eligible recipients
in a county's geographic area shall be based on the relative
geographic size and population of the county and on the relative
number of emergency or trauma care runs performed by eligible
recipients in the county. Money that is not disbursed by a regional
advisory council to eligible recipients for approved functions by
the end of the fiscal year in which the funds were disbursed shall
be returned to the department to be used in accordance with
Subsection (c)(1).
(e) In any fiscal year, the commissioner may use not more
than 25 [one] percent of the money appropriated from the account
under Section 780.003(a)(2)[, after any amount necessary to
maintain the reserve established by Subsection (b) is deducted,]
for operation of the 22 trauma service areas and for equipment,
communications, and education and training for the areas. Money
distributed under this subsection shall be distributed on behalf of
eligible recipients in each county to the trauma service area
regional advisory council for that county. To receive a
distribution under this subsection, the regional advisory council
must be incorporated as an entity that is exempt from federal income
tax under Section 501(a), Internal Revenue Code of 1986, and its
subsequent amendments, by being listed as an exempt organization
under Section 501(c)(3) of that code. A regional advisory
council's share of money distributed under this section shall be
based on the relative geographic size and population of each trauma
service area and on the relative amount of trauma care provided.
Money that is not disbursed by a regional advisory council to
eligible recipients for approved functions by the end of the fiscal
year in which the funds were disbursed shall be returned to the
department to be used in accordance with Subsection (c)(1).
(f) In any fiscal year, the commissioner may use not more
than 25 [one] percent of money appropriated from the account under
Section 780.003(a)(2)[, after any amount necessary to maintain the
reserve established by Subsection (b) is deducted,] to fund the
administrative costs of the bureau of emergency management of the
department associated with administering the trauma program, the
state emergency medical services program, and the account and to
fund the costs of monitoring and providing technical assistance for
those programs and that account.
(j) In providing payments to facilities under Subsection
(c)(2), the executive commissioner of the Health and Human Services
Commission shall mitigate any negative fiscal impact on other state
or federal funding for hospitals in this state.
SECTION 3. This Act takes effect September 1, 2005.