By: Coleman H.B. No. 1370

Substitute the following for H.B. No. 1370:

By: Delisi C.S.H.B. No. 1370

A BILL TO BE ENTITLED

AN ACT

relating to the Interagency Coordinating Council for HIV and Hepatitis.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 81.010, Health and Safety Code, is amended by amending Subsections (c), (e), (f), (g), (h), (i), and (k) and adding Subsection (h-1) to read as follows:

(c) The council consists of one representative from each of the following agencies appointed by the executive director or commissioner of each agency:

(1) the Department of State Health Services [department];

(2) the Department of Aging and Disability Services [Texas Department of Mental Health and Mental Retardation];

(3) the Department of Assistive and Rehabilitative Services [Texas Department of Human Services];

(4) the Department of Family and Protective Services [Texas Commission on Alcohol and Drug Abuse];

(5) [the Texas Rehabilitation Commission;

[(6)] the Texas Youth Commission;

(6) [(7)] the Texas Department of Criminal Justice;

(7) [(8)] the Texas Juvenile Probation Commission;

(8) [(9)the Texas Commission for the Blind;

[(10) the Texas Commission for the Deaf and Hard of Hearing;

[(11) the Department of Protective and Regulatory Services;

[(12)] the Texas Education Agency;

(9) [(13)] the Texas Medical Board [State Board of Medical Examiners];

(10) [(14)] the Board of Nurse Examiners;

(11) [(15)] the State Board of Dental Examiners;

(12) [(16)] the Health and Human Services Commission;

(13) [(17)the Texas Department on Aging; and

[(18)] the Texas Workforce Commission; and

(14) the Texas Higher Education Coordinating Board.

(e) The representative from the Health and Human Services Commission [department] serves as chairperson of the council.

(f) The council may [shall] meet [at least once each quarter] on meeting dates set by the council. Each agency that has a representative appointed to the council should [shall] ensure that a representative of the agency attends each meeting [at least three quarterly meetings] of the council [each year].

(g) The council shall provide an opportunity for interested members of the public, including consumers and providers of health services, to provide recommendations and information to the council during:

(1) any meeting at which the council intends to vote or votes on any matter; and

(2) at least one of any two consecutive [quarterly] meetings of the council.

(h) The council shall:

(1) coordinate communication among the member agencies listed in Subsection (c) concerning each agency's programs in providing services related to AIDS, HIV, and hepatitis; [and]

(2) develop a plan that facilitates coordination of agency programs based on statistical information regarding this state for:

(A) prevention of AIDS, HIV infection, and hepatitis; and

(B) provision of services to individuals who have hepatitis or are infected with HIV;

(3) identify all statewide plans related to AIDS, HIV, and hepatitis;

(4) compile a complete inventory of all federal, state, and local money spent in this state on HIV infection, AIDS, and hepatitis prevention and health care services, including services provided through or covered under Medicaid and Medicare;

(5) identify the areas with respect to which state agencies interact on HIV, AIDS, and hepatitis issues and the policy issues arising from that interaction;

(6) assess gaps in prevention and health care services for HIV infection, AIDS, and hepatitis in this state, including gaps in services that result from provision of services by different state agencies, and develop strategies to address these gaps through service coordination;

(7) identify barriers to prevention and health care services for HIV infection, AIDS, and hepatitis faced by marginalized populations;

(8) identify the unique health care service and other service needs of persons who are infected with HIV or who have AIDS or hepatitis;

(9) evaluate the level of service and quality of health care in this state for persons who are infected with HIV or who have AIDS or hepatitis as compared to national standards;

(10) identify issues that emerge related to HIV, AIDS, and hepatitis and the potential impact on delivery of prevention and health care services; and

(11) provide the information required under Subdivisions (1) through (10) to the Department of State Health Services.

(h-1) Each agency listed in Subsection (c) shall provide information under Subsection (h) to the council. The council may request information under Subsection (h) from an agency, and the agency shall comply with the request.

(i) Not later than September 1 of each [even-numbered] year, the Department of State Health Services [council] shall file a report with the legislature and the governor containing policy recommendations based on information reported to the council in Subsection (h) relating to:

(1) prevention of AIDS, HIV infection, and hepatitis; and

(2) delivery of health services to individuals who have AIDS or hepatitis or are infected with HIV.

(k) The Health and Human Services Commission [department] shall provide administrative support to the council.

SECTION 2. The Interagency Coordinating Council for HIV and Hepatitis as described by Section 81.010, Health and Safety Code, is re-created effective January 1, 2008.

SECTION 3. The executive director or commissioner of each agency named in Section 81.010(c), Health and Safety Code, as amended by this Act, shall appoint one representative to the Interagency Coordinating Council for HIV and Hepatitis not later than January 1, 2008.

SECTION 4. This Act takes effect September 1, 2007.