79R2147 UM-F
By: Deuell S.B. No. 330
A BILL TO BE ENTITLED
AN ACT
relating to the designation of certain hospitals as primary stroke
centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 241, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. PRIMARY STROKE CENTER DESIGNATION
Sec. 241.251. DEFINITION. In this subchapter, "executive
commissioner" means the executive commissioner of the Health and
Human Services Commission.
Sec. 241.252. DESIGNATION OF PRIMARY STROKE CENTER.
(a) The department shall designate a hospital as a primary stroke
center in accordance with this chapter and rules adopted by the
executive commissioner.
(b) The department may not designate a hospital as a primary
stroke center unless the hospital is certified as a primary stroke
center or facility by a national medical certification organization
recognized for this purpose by the executive commissioner, such as
the Joint Commission on Accreditation of Healthcare Organizations.
(c) The department shall develop an application procedure
for a hospital to apply for designation as a primary stroke center.
The department may develop materials designed to assist a hospital
in qualifying for designation as a primary stroke center.
(d) The department may not limit the number of hospitals
that may be designated as primary stroke centers.
Sec. 241.253. USE OF DESIGNATION. A hospital may not use
the term "stroke facility," "stroke hospital," or "primary stroke
center" or similar terminology in its signs or advertisements or in
printed materials the hospital provides to the public unless the
hospital has been designated as a primary stroke center under this
subchapter.
Sec. 241.254. PUBLICATION OF DESIGNATION. (a) The
department may publish a list of primary stroke centers on its
website. A primary stroke center may decline to be listed on the
website.
(b) If the department publishes a list under Subsection (a),
the department shall notify all hospitals of:
(1) the hospital's right to be listed on the website;
(2) the qualifications needed to be listed as a
primary stroke center; and
(3) the application procedure to apply for a
designation as a primary stroke center.
(c) The department may send a list of primary stroke centers
and their locations to all emergency medical services providers and
fire departments.
Sec. 241.255. TEMPORARY LAPSE OF QUALIFICATIONS. (a)
Except as provided by Subsection (b), designation of a hospital as a
primary stroke center terminates on the date the hospital ceases to
qualify for that designation, as determined under rules of the
executive commissioner.
(b) A hospital designated as a primary stroke center that
ceases to qualify for the designation may continue to use the
designation if the hospital:
(1) reasonably expects to qualify for the designation
on or before the 90th day after the date the hospital ceases to
qualify for the designation; and
(2) notifies the department and each emergency medical
services provider located in the region for which the hospital
provides primary stroke services, as determined by the department,
of the temporary lapse in qualification and the expected date the
hospital will again qualify for designation as a primary stroke
center.
(c) The designation of a hospital designated as a primary
stroke center that continues to use the designation during a lapse
in qualification in compliance with Subsection (b) terminates on
the 91st day after the date the hospital first ceases to qualify if
the hospital does not again qualify for the designation before that
date.
(d) Not later than the fifth day after the date a
designation terminates under this section, the hospital shall
notify the department and each emergency medical services provider
described by Subsection (b) of the termination of the designation.
(e) A hospital that loses the designation of primary stroke
center under this section must reapply to again use the
designation.
SECTION 2. Section 773.050, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) In establishing minimum standards for the licensing of
emergency medical services providers, the board shall require each
emergency medical services provider to integrate into the
provider's policies and procedures any stroke plan created under
Section 773.181 by the trauma service area regional advisory
council for the region of the emergency medical services provider.
SECTION 3. Chapter 773, Health and Safety Code, is amended
by adding Subchapter H to read as follows:
SUBCHAPTER H. STROKE TRAUMA PROCEDURES
Sec. 773.181. STROKE PLAN. (a) The trauma service area
regional advisory council for each region containing a primary
stroke center designated under Section 241.252 shall develop a
stroke plan for all emergency medical services providers operating
within the region.
(b) The plan must include:
(1) annual training requirements on stroke
recognition and treatment, including emergency screening
procedures;
(2) a list of appropriate early treatment supports to
stabilize the patient; and
(3) protocols for rapid transport to a primary stroke
center when rapid transport is appropriate.
Sec. 773.182. STROKE TRAINING. (a) The bureau shall ensure
that training required by the plan developed under Section 773.181
is available to emergency medical services personnel.
(b) The bureau shall provide emergency medical services
personnel with information the bureau receives on newly developed
stroke diagnostic approaches, technologies, or therapies.
SECTION 4. Chapter 487, Government Code, is amended by
adding Subchapter P to read as follows:
SUBCHAPTER P. RURAL HOSPITAL NEEDS GRANT
Sec. 487.701. DEFINITIONS. In this subchapter:
(1) "Rural community" means:
(A) a county that has a population of 150,000 or
less; or
(B) with respect to a county that has a
population of more than 150,000 and that contains a geographic area
that is not delineated as urbanized by the federal Census Bureau,
that part of the county that is not delineated as urbanized.
(2) "Hospital" has the meaning assigned by Section
241.003, Health and Safety Code.
Sec. 487.702. POWERS OF OFFICE. In administering this
subchapter, the office may:
(1) enter into and enforce contracts and execute and
deliver conveyances and other instruments necessary to make and
administer grants under this subchapter;
(2) employ personnel and counsel necessary to
implement this subchapter and pay them from money appropriated for
that purpose;
(3) impose and collect reasonable fees and charges in
connection with grants made under this subchapter; and
(4) adopt rules necessary to implement the grant
program.
Sec. 487.703. GRANT PROGRAM. (a) The office may use money
appropriated to the office for the Rural Hospital Needs Grant
Program to make a grant to assist a hospital located in a rural
community to qualify for designation as a primary stroke center
under Section 241.252, Health and Safety Code.
(b) A grant recipient may use the money only to:
(1) hire medical personnel trained in acute stroke
care;
(2) purchase medical equipment related to the
diagnosis, treatment, or prevention of stroke; or
(3) facilitate training in stroke care.
Sec. 487.704. ELIGIBILITY FOR GRANT. (a) The office shall
adopt rules that establish eligibility criteria for receiving a
grant under this subchapter.
(b) The rules must state generally the factors the office
will consider in determining whether an applicant should receive a
grant. The rules must consider at least the financial need of the
applicant, the health care needs of the rural area served by the
applicant, and the probability that the applicant will effectively
and efficiently use the money obtained through the grant to meet the
health care needs of the rural area served by the applicant.
SECTION 5. Chapter 93, Health and Safety Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. PRIMARY STROKE CENTER GRANT PROGRAM
Sec. 93.101. DEFINITION. In this subchapter, "hospital"
has the meaning assigned by Section 241.003.
Sec. 93.102. POWERS OF COUNCIL. In administering this
subchapter, the department on behalf of the council, in accordance
with Section 93.004, may:
(1) enter into and enforce contracts and execute and
deliver conveyances and other instruments necessary to make and
administer grants under this subchapter;
(2) employ personnel and counsel necessary to
implement this subchapter and pay them from money appropriated for
that purpose;
(3) impose and collect reasonable fees and charges in
connection with grants made under this subchapter; and
(4) adopt rules necessary to implement the grant
program.
Sec. 93.103. GRANT PROGRAM. (a) The council may use money
appropriated to the council for the Primary Stroke Center Grant
Program to make a grant to assist a hospital designated as a primary
stroke center under Section 241.252.
(b) A grant recipient may use the money only to assist the
hospital in maintaining the hospital's designation as a primary
stroke center, including to:
(1) purchase supplies, equipment, or vehicles for
stroke diagnosis, treatment, or prevention;
(2) pay primary stroke center operating expenses;
(3) cover stroke education and training expenses;
(4) purchase communication systems used in emergency
medical services;
(5) promote public awareness of stroke warning signs,
emergency treatment, and prevention; or
(6) cover the costs of uncompensated care related to
stroke care.
Sec. 93.104. ELIGIBILITY FOR GRANT. (a) The council shall
adopt rules that establish eligibility criteria for receiving a
grant under this subchapter.
(b) The rules must state generally the factors the office
will consider in determining whether an applicant should receive a
grant. The rules must consider at least the financial need of the
applicant, the health care needs of the area served by the
applicant, and the probability that the applicant will effectively
and efficiently use the money obtained through the grant to meet the
health care needs of the area served by the applicant.
Sec. 93.105. RECIPIENT RESPONSIBILITY AGREEMENT. (a) The
council shall adopt rules that establish the responsibilities of a
recipient of a grant under the program.
(b) The rules must require each recipient of a grant under
the program to:
(1) engage in stroke awareness campaigns;
(2) create stroke education materials aimed at
low-income or minority populations at risk of stroke;
(3) provide mentoring for hospitals seeking
designation as a primary stroke center; and
(4) provide telemedicine services to hospitals in
underserved areas.
SECTION 6. A hospital is not required to comply with Section
241.253, Health and Safety Code, as added by this Act, before
September 1, 2006.
SECTION 7. This Act takes effect September 1, 2005.