BILL ANALYSIS
By: Delisi
Committee Report (Substituted)
BACKGROUND AND PURPOSE
There is a growing need to address state employee health and wellness, and the added costs that it places on our system. Costly diseases like diabetes, congestive heart failure, and hypertension are often the result of unhealthy behaviors, such as smoking, overeating, and physical inactivity. The current Texas state employee's wellness programs do not include the components necessary to reduce health care related costs and encourage healthy behavior. Most state agencies lack the staff, expertise, or funds to offer a broad and effective wellness program. CSHB 1297 requires the Department of State Health Services to designate a wellness coordinator to develop a model wellness program and to assist agencies with wellness initiatives.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTIONS 4 and 5 of this bill.
ANALYSIS
CSHB 1297 adds subchapter A, STATE EMPLOYEES HEALTH FITNESS AND EDUCATION PROGRAMS and provides definitions. It requires the Department of State Health Services (DSHS) to designate a statewide wellness coordinator (coordinator) to create and to develop a model statewide wellness program (program) in order to improve the health and wellness of state employees. It provides that the elements of the program may include: education that targets certain costly or prevalent health care claims; the dissemination or use of available health risk assessment tools and programs, including certain surveys; the development of strategies for the promotion of health, nutritional, and fitness-related resources in state agencies; the development and promotion of environmental change strategies that integrate healthy behaviors and physical activity; and optional incentives to encourage participation in the wellness program.
The bill requires the coordinator to coordinate with certain agencies, as necessary, in order to develop the program, prevent duplication of efforts, and provide information and resources to employees, and encourage the use of wellness benefits included in the program. State agencies are authorized to implement a wellness program and are required to designate a wellness liaison. The coordinator may assist state agencies in establishing certain employee wellness demonstration projects, and may consult with state agencies operating health care programs on matters relating to wellness promotion. The substitute provides that a wellness program demonstration project may implement certain strategies to optimize the return of state investment in employee wellness.
CSHB 1297 requires the executive commissioner of the Health and Human Services Commission (executive commissioner) to adopt rules not later than January 1, 2008.
EFFECTIVE DATE
September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
CSHB 1297 modifies the original by moving the rule making authority from the commissioner of DSHS to the executive commissioner. The substitute deletes the definition of "commissioner," and adds the definition of "executive commissioner." The substitute removes references to institutions of higher education and their health insurance programs.
The substitute provides that the coordinator shall create and develop a "model statewide wellness program" that may be used by state agencies where the original requires that the coordinator shall create and develop a "statewide wellness program."
CSHB 1297 amends the original by providing that the listed elements "may" be included rather than "shall." The substitute amends the education element of the program by changing "educational classes" to "education," "classes" to "information," and "fitness" to "physical activity." It deletes "emotional well-being" and adds "alcohol and drug abuse." It also provides that the program may include education that targets the most prevalent health care claims.
The committee substitute clarifies that the program should disseminate or use available health risk assessment tools and programs, and deletes "individualized" from the reference to employee surveys. It adds the "development of strategies for the promotion" to health, nutritional, and fitness-related resources within agencies. The substitute removes a reference to the development of policy regarding environmental change strategies and providing certain nutritional food choices, and replaces it with a reference to the promotion of environmental change strategies and recommendations on healthy food choices. The committee substitute modifies language in the original bill that provided for incentives permitting extra leave time for employees to participate in certain physical activities and wellness programs, and instead provides for optional incentives that may include flexibility in employee scheduling.
CSHB 1297 adds language requiring the coordinator to encourage the use of wellness benefits included in the health benefit programs and adds provisions authorizing the coordinator to consult with agencies operating certain programs and to assist an agency in establishing employee wellness demonstration projects. The substitute deletes the requirement that the wellness program must focus on the return of the state investment in employee wellness, and instead provides that a wellness program demonstration project may implement certain strategies to optimize the return of state investment in employee wellness. Additionally, the substitute adds provisions requiring state agencies to designate an individual as the wellness liaison for the agency and authorizes agencies to implement a wellness program based upon the model program or components of the model program developed by DSHS.