79R4186 JTS-F

By:  Solis                                                        H.B. No. 3368


A BILL TO BE ENTITLED
AN ACT
relating to establishing a State Emergency Medical Services Commission. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 773, Health and Safety Code, is amended by adding Section 773.0031 to read as follows: Sec. 773.0031. TRANSFER OF AUTHORITY AND DUTIES. The authority granted to and the duties of the board, the department, and the bureau under this chapter are transferred to the State Emergency Medical Services Commission under Subchapter H. SECTION 2. Chapter 773, Health and Safety Code, is amended by adding Subchapter H to read as follows:
SUBCHAPTER H. STATE EMERGENCY MEDICAL SERVICES COMMISSION
Sec. 773.201. DEFINITIONS. In this subchapter: (1) "Advisory council" means the advisory council established by Section 773.012. (2) "Commission" means the State Emergency Medical Services Commission established under this subchapter. (3) "Director" means the state emergency medical services director. (4) "Medical board" means the Emergency Medical Services Medical Board established by Section 773.206. (5) "Medical director" means the state emergency medical services medical director. Sec. 773.202. COMMISSION MEMBERS. (a) The commission is composed of the following nine members: (1) the presiding officer of the advisory council; and (2) eight members appointed by the governor as follows: (A) an officer or employee of a private provider of emergency medical services, appointed from a list of names recommended by a statewide association of private providers of emergency medical services; (B) a volunteer who provides emergency medical services, appointed from a list of names recommended by a statewide association of volunteers; (C) an educator in the field of emergency medical services; (D) a representative of a fire department that provides emergency medical services, appointed from a list of names recommended by a statewide association of firefighters; (E) a representative of hospitals who is affiliated with a hospital that provides emergency medical services, appointed from a list of names recommended by a statewide association of hospitals; (F) a representative of a county provider of emergency medical services; (G) a representative of a municipal provider of emergency medical services; and (H) one member of the advisory council. (b) Appointed members of the commission serve staggered six-year terms with one-third, or as near as one-third as possible, of the members' terms expiring February 1 of each odd-numbered year. (c) A vacancy on the commission is filled for the unexpired term in the same manner as the original appointment. (d) A member of the commission may be removed if the member is absent from more than 60 percent of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission. (e) The presiding officer of the commission shall notify the governor if grounds for removal exist. (f) The commission shall elect from among its members a presiding officer, vice presiding officer, secretary, and governor's liaison. Each officer serves in that capacity until the person's term as a commission member expires. (g) The commission shall meet at least six times a year on the call of the presiding officer or any five members. Sec. 773.203. COMMISSION DUTIES. The commission shall: (1) every five years, adopt a statewide plan for the coordinated delivery of emergency medical services and submit the plan to the governor, lieutenant governor, and speaker of the house of representatives; (2) adopt rules to implement the licensing and certification requirements of Subchapter C; (3) annually inventory emergency medical services resources within the state, including facilities, equipment, and personnel, to determine: (A) the need for additional services; and (B) the effectiveness of existing services; (4) report the results of the inventory under Subdivision (3) to the legislature and county and city officials; (5) review and evaluate all areawide plans developed by the emergency medical services councils; (6) review for conformity to policy guidelines all grant and contract applications for federal or state funds available for emergency medical services or related activities and forward applications to the appropriate agency, when applicable; (7) establish minimum standards and regulations to develop the following components of an emergency medical services system: (A) communications; (B) transportation services to and from medical facilities; (C) training, including training of emergency medical technicians and communications personnel; and (D) emergency medical services facilities; (8) coordinate training of all personnel involved with emergency medical services; (9) develop or cause to be developed a data collection system that follows a patient from initial entry into the emergency medical services system to the patient's arrival at the emergency department; (10) establish an emergency medical services research component to improve emergency medical services pre-hospital patient care and approve a process for local emergency medical services providers to perform research approved by the commission; (11) establish emergency medical services service areas for emergency medical services providers in the licensing process; (12) develop programs, including programs relating to: (A) public education and information; (B) administration of emergency medical services grants; (C) planning; (D) cost data and alternative funding sources for commission duties and goals; and (E) performance standards for the evaluation of commission goals; (13) with the advice of the regional advisory council pre-hospital committees, develop model local emergency medical services plans and performance agreements to guide municipalities in the development of such plans and agreements; (14) require all licensed emergency medical services providers to provide their current charges or rates to the commission; (15) review Medicaid reimbursement rates to emergency medical services providers and make recommendations to the legislature on reimbursements to licensed emergency medical services providers each legislative session; and (16) conduct random audits for possible Medicare, insurance, and Medicaid fraud. Sec. 773.204. LICENSE OR CERTIFICATION REQUIREMENTS. (a) Rules adopted under Section 773.203(2) must: (1) require an emergency medical services provider to: (A) have written approval by the local governmental entity the provider serves; (B) follow all ordinances applicable in each municipality in which the provider transports patients; (C) follow all county policies approved by a commissioners court to operate in each county in which the provider operates; (D) be an active member in good standing of at least one regional advisory council for a region in which the provider provides services; (E) report required data run information to the commission; and (F) comply with the data run information set by the commission; (2) require an emergency medical services licensed ambulance provider to have written approval from each governing body of a municipality and county commissioners court in the area in which the provider operates, and submit the approval to the commission; and (3) require an emergency medical services medical director to complete and pass a continuing education course once every two years. (b) The governing body of a municipality or county commissioners court may set its own fines and fees applicable to the operation of a medical transportation service within its jurisdiction, not to exceed the fines and fees set by the state. Sec. 773.205. REPORT BY STATE MEDICAID CONTRACTOR. The executive commissioner of the Health and Human Services Commission shall require the state's Medicaid contractor to provide semiannual reports to the commission on reimbursements made to emergency medical services licensed providers and to work closely with the commission to: (1) ensure that emergency medical services providers are reimbursed within 45 days of the claim; (2) reduce denials of emergency medical services provider claims; and (3) adopt the Medicare methodology for emergency medical services provider reimbursements. Sec. 773.206. MEDICAL BOARD. (a) The medical board is composed of 15 members appointed by the commission as follows: (1) five chairs of regional medical advisory councils; (2) a member of the American College of Emergency Physicians; (3) a member of the Texas College of Emergency Physicians; (4) a member of an emergency medical services medical directors association; (5) a paramedic who is licensed or certified, as required; (6) an emergency medical technician-intermediate who is licensed or certified, as required; (7) an emergency medical technician who is licensed or certified, as required; (8) two emergency medical services administrators of licensed emergency medical services providers in an urban area; and (9) two emergency medical services administrators of licensed emergency medical services providers in a rural area. (b) Nonvoting members may be added to the medical board at the discretion of the medical board. (c) Appointed members of the medical board serve staggered six-year terms, with five of the members' terms expiring February 1 of each odd-numbered year. A vacancy on the medical board is filled for the unexpired term in the same manner as the original appointment. (d) The medical board may remove a member if the member is absent from more than 60 percent of the regularly scheduled meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the medical board. (e) The medical board shall notify by certified mail a member removed under Subsection (d). (f) The medical board shall elect from among its members a presiding officer, vice presiding officer, secretary, and commission liaison. Each officer serves in that capacity until the person's term as a medical board member expires. (g) The medical board shall meet during the same dates that the commission meets. Sec. 773.207. MEDICAL BOARD DUTIES. The medical board may advise the commission to: (1) coordinate the medical aspects of the commission's planning and administration for the statewide emergency medical services system; (2) develop and approve statewide recommended treatment protocols, guidelines, and policies relating to medical care delivered by emergency medical services providers; (3) ensure that all elements of the statewide emergency medical services system are medically current and valid, including training, patient care, protocols, telecommunications, medical equipment, regulations, and performance standards; (4) establish and revise biannually adult and pediatric patient care protocols; (5) oversee medical content of dispatching and pre-arrival instructions; (6) review and approve emergency medical services research proposals; (7) review and disseminate research results and follow-up information; (8) assess regional medical issues as presented by regional medical directors; (9) review disciplinary actions from any emergency medical services segment as requested and comment on medical issues involved; and (10) develop the curriculum, course, and hours for an emergency medical services medical directors course and required continuing education. Sec. 773.208. ADVISORY COUNCIL AS POLICY ARM. (a) The advisory council shall advise the commission on commission policy. The advisory council shall review and comment on all emergency medical services issues, including finances, policies, guidelines, legislation, regulations, and procedures necessary to operate the statewide emergency medical services system. The advisory council will assist the commission in developing and implementing the statewide emergency medical services plan. (b) The advisory council shall establish: (1) an air medical committee; (2) an education committee; (3) an injury prevention committee; (4) a pediatric committee; (5) a rural emergency medical services committee; (6) a trauma committee; (7) a medical transportation providers task force; and (8) other committees and task forces the advisory council considers necessary or appropriate. (c) The advisory council shall appoint committee members to its committees and task forces. Sec. 773.209. COMMISSION EMPLOYEES. (a) The commission shall appoint a state emergency medical services director. The director must be a paramedic who is licensed or certified, as required, with not less than 12 years experience, of which eight years must have been in providing patient care for an emergency medical services licensed provider as a paramedic in the field. The director shall carry out the day-to-day functions of the commission and carry out tasks delegated by the commission. (b) The commission shall appoint a state emergency medical services medical director. The medical director serves as a nonvoting member of the medical board and carries out functions related to medical care delegated by the commission. The medical director may serve as medical director for emergency medical services programs that apply with the commission for a medical director due to financial hardship. The commission may set an annual fee for the services provided by the medical director under this subsection. The medical director shall attempt to keep all protocols standard for each of the emergency medical services programs served by the medical director under this subsection. (c) The director shall hire and manage commission staff to assist in carrying out the commission's duties. Sec. 773.210. REGIONAL ADVISORY COUNCILS. (a) Regional advisory councils shall present recommendations from their emergency medical services medical directors committees and pre-hospital provider committees to the advisory council or commission as necessary. (b) The regional advisory councils shall provide continuous evaluation of emergency medical services for their respective geographic areas. (c) Regional advisory councils may charge licensed emergency medical services providers dues in an amount considered reasonable by the commission to support their role in emergency medical services. Regional advisory councils may supplement any state funds the council or an emergency medical services provider receives for problematic issues in emergency medical services. Sec. 773.211. REVENUE; ACCOUNT. (a) Subject to this chapter, the commission may set fines, fees, dues, or any other emergency medical services revenue source at an amount to cover the expense of administering this chapter. (b) The commission may apply for, accept, receive, and administer gifts, grants, loans, and other funds available from any source for the purposes of this chapter. (c) The comptroller shall credit revenue collected under this chapter to an account in the general revenue fund. Money in the account may be appropriated only to the commission to administer this chapter. Sec. 773.212. CONFLICT WITH OTHER PROVISIONS. To the extent that this subchapter conflicts with another provision of this chapter, this subchapter prevails. SECTION 3. (a) On the effective date of this Act: (1) all of the rights, powers, duties, functions, programs, and activities assigned to the executive commissioner of the Health and Human Services Commission, the Department of State Health Services, the Bureau of Emergency Management, or the department's or bureau's officers or employees relating to emergency medical services are transferred to the State Emergency Medical Services Commission established under Subchapter H, Chapter 773, Health and Safety Code, as added by this Act; and (2) all appropriations, funds, obligations, contracts, property, and records of the department and bureau relating to emergency medical services are transferred to the State Emergency Medical Services Commission. (b) A rule or form adopted by the executive commissioner of the Health and Human Services Commission, Department of State Health Services, or Bureau of Emergency Management that relates to emergency medical services is a rule or form of the State Emergency Medical Services Commission and remains in effect until altered by that commission. The secretary of state is authorized to adopt rules as necessary to expedite the implementation of this subsection. (c) A reference in law to the executive commissioner of the Health and Human Services Commission, the Department of State Health Services, the Bureau of Emergency Management, the Texas Department of Health, or the Texas Board of Health that relates to emergency medical services means the State Emergency Medical Services Commission. (d) Not later than November 1, 2006, the presiding officer and the state emergency medical services director of the State Emergency Medical Services Commission shall report to the lieutenant governor and the speaker of the house of representatives on the transition under this section. (e) The transfer of powers, duties, functions, programs, and activities under this Act does not affect or impair any act done, any obligation, right, order, license, permit, rule, criterion, standard, or requirement existing, any investigation begun, or any penalty accrued under former law, and that law remains in effect for any action concerning those matters. (f) An action brought or proceeding commenced before the effective date of this Act, including a contested case or a remand of an action or proceeding by a reviewing court, is governed by the law and rules applicable to the action or proceeding before the effective date of this Act. SECTION 4. (a) Not later than January 1, 2006, the governor shall appoint initial members of the State Emergency Medical Services Commission as required by Section 773.202, Health and Safety Code, as added by this Act. In appointing the initial members of the commission, the governor shall appoint two members to terms expiring February 1, 2007, three members to terms expiring February 1, 2009, and three members to terms expiring February 1, 2011. (b) Not later than February 1, 2006, the State Emergency Medical Services Commission shall appoint initial members of the Emergency Medical Services Medical Board as required by Section 773.206, Health and Safety Code, as added by this Act. In appointing the initial members of the medical board, the commission shall appoint five members to terms expiring February 1, 2007, three members to terms expiring February 1, 2009, and three members to terms expiring February 1, 2011. SECTION 5. This Act takes effect September 1, 2005.