79(R) SB 130 - Senate Committee Report version


                                                                                


By:  Nelson                                                       S.B. No. 130
	(In the Senate - Filed December 22, 2004; February 1, 2005, 
read first time and referred to Committee on Health and Human 
Services; April 4, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 7, Nays 0; 
April 4, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 130                                    By:  Nelson


A BILL TO BE ENTITLED

AN ACT


relating to the provision of health and human services in this 
state.     
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (l), Section 531.070, Government 
Code, is amended to read as follows:
	(l)  Each year the commission shall provide a written report 
to the legislature and the governor.  The report shall cover:
		(1)  the cost of administering the preferred drug lists 
adopted under Section 531.072;
		(2)  an analysis of the utilization trends for medical 
services provided by the state and any correlation to the preferred 
drug lists;
		(3)  an analysis of the effect on health outcomes and 
results for recipients; [and]
		(4)  statistical information related to the number of 
approvals granted or denied; and
		(5)  an analysis of the effect during the preceding 
year of the implementation of the Medicare Prescription Drug, 
Improvement, and Modernization Act of 2003 (Pub. L. No. 108-173) on 
the preferred drug lists adopted under Section 531.072 and the 
prior authorization requirements under Section 531.073.
	SECTION 2.  Subsection (b), Section 531.073, Government 
Code, is amended to read as follows:
	(b)  The commission shall establish procedures for the prior 
authorization requirement under the Medicaid vendor drug program to 
ensure that the requirements of 42 U.S.C. Section 1396r-8(d)(5) and 
its subsequent amendments are met.  Specifically, the procedures 
must ensure that:
		(1)  [a prior authorization requirement is not imposed 
for a drug before the drug has been considered at a meeting of the 
Pharmaceutical and Therapeutics Committee established under 
Section 531.074;
		[(2)]  there will be a response to a request for prior 
authorization by telephone or other telecommunications device 
within 24 hours after receipt of a request for prior authorization; 
and
		(2)  [(3)]  a 72-hour supply of the drug prescribed 
will be provided in an emergency or if the commission does not 
provide a response within the time required by Subdivision (1)
[(2)].
	SECTION 3.  Section 531.1021, Government Code, is amended by 
amending Subsection (g) and adding Subsections (h) and (i) to read 
as follows:
	(g)  Except as provided by Subsection (h), all [All] 
information and materials subpoenaed or compiled by the office in 
connection with a fraud and abuse [an] investigation are 
confidential and not subject to disclosure under Chapter 552, and 
not subject to disclosure, discovery, subpoena, or other means of 
legal compulsion for their release to anyone other than the office 
or its employees or agents involved in the investigation conducted 
by the office, except that this information may be disclosed to the 
office of the attorney general and other law enforcement agencies.
	(h)  This section may not be interpreted to prohibit the 
disclosure of information contained in a closed fraud and abuse 
investigative case file or information contained in a fraud and 
abuse investigative case file relating to a case that has been 
resolved by settlement, unless disclosure is otherwise prohibited 
by law.
	(i)  For purposes of this section, a fraud and abuse 
investigation is any formal inquiry of the office of inspector 
general that:
		(1)  is based upon a suspicion of fraud, as defined by 
Section 531.1011, in the provision of health and human services; or
		(2)  supports a claim by the state or a health and human 
services agency of fraud in the provision of health and human 
services.
	SECTION 4.  Subchapter D, Chapter 1001, Health and Safety 
Code, is amended by adding Section 1001.0711 to read as follows:
	Sec. 1001.0711.  SCHOOL HEALTH ADVISORY COMMITTEE.  (a)  The 
department by rule shall establish a School Health Advisory 
Committee to provide assistance to the council in establishing a 
leadership role for the department in support for and delivery of 
coordinated school health programs and school health services.
	(b)  The committee shall include at least:                              
		(1)  one representative from the Department of 
Agriculture, appointed by the commissioner of agriculture; and
		(2)  one representative from the Texas Education 
Agency, appointed by the commissioner of education.
	(c)  Section 2110.008, Government Code, does not apply to a 
committee created under this section.
	SECTION 5.  Subsection (a), Section 604.154, Occupations 
Code, is amended to read as follows:
	(a)  The board shall establish for the renewal of a 
certificate uniform continuing education requirements of not less 
than six or more than 12 continuing education hours annually [for 
each renewal period].
	SECTION 6.  The following are repealed:                                        
		(1)  Chapter 111, Health and Safety Code; and                                 
		(2)  Subsection (e), Section 431.116, and Subsection 
(d), Section 431.208, Health and Safety Code.
	SECTION 7.  The Interagency Council on Pharmaceuticals Bulk 
Purchasing is abolished on the effective date of this Act.
	SECTION 8.  (a)  Not later than January 1, 2006, the 
Department of State Health Services shall adopt rules to establish 
the School Health Advisory Committee as provided by Section 
1001.0711, Health and Safety Code, as added by this Act.
	(b)  The change in law made by this Act relating to the 
renewal of a certificate to practice respiratory care applies only 
to a certificate that is renewed on or after the effective date of 
this Act.  A certificate that is renewed before the effective date 
of this Act is governed by the law in effect immediately before the 
effective date of this Act, and the former law is continued in 
effect for that purpose.
	(c)  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 9.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.



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