By: Dukes, Coleman (Senate Sponsor - Zaffirini) H.B. No. 1396

(In the Senate - Received from the House March 29, 2007; April 3, 2007, read first time and referred to Committee on Health and Human Services; May 4, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; May 4, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 1396 By: Zaffirini

A BILL TO BE ENTITLED

AN ACT

relating to the Office for the Elimination of Health Disparities and the health disparities task force.

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

SECTION 1. Subchapter G, Chapter 12, Health and Safety Code, is transferred to Subtitle E, Title 2, Health and Safety Code, redesignated as Chapter 107A, Health and Safety Code, and amended to read as follows:

CHAPTER 107A [SUBCHAPTER G]. OFFICE FOR THE ELIMINATION OF HEALTH

DISPARITIES [OF MINORITY HEALTH]

Sec. 107A.001 [12.081]. OFFICE FOR THE ELIMINATION OF HEALTH DISPARITIES [OF MINORITY HEALTH]. The executive commissioner of the Health and Human Services Commission [department] shall [establish and] maintain an office for the elimination of health disparities [of minority health] in the Health and Human Services Commission [department] to:

(1) assume a leadership role in working or contracting with state and federal agencies, universities, private interest groups, communities, foundations, and offices of minority health to develop [minority] health initiatives to decrease or eliminate health and health access disparities among racial, multicultural, disadvantaged, ethnic, and regional populations, including appropriate language services [bilingual communications]; and

(2) maximize use of existing resources without duplicating existing efforts.

Sec. 107A.002 [12.082]. POWERS OF OFFICE. The office may:

(1) provide a central information and referral source, including a clearinghouse for health disparities information, and serve as the primary state resource in coordinating, planning, and advocating access to [minority] health care services to eliminate health disparities in this state;

(2) coordinate conferences and other training opportunities to increase skills among state agencies and government staff in management and in the appreciation of cultural diversity;

(3) pursue and administer grant funds for innovative projects for communities, groups, and individuals;

(4) provide recommendations and training in improving minority recruitment in state agencies;

(5) publicize information regarding health disparities and minority health issues through the use of the media;

(6) network with existing minority organizations, community-based health groups, and statewide health coalitions;

(7) solicit, receive, and spend grants, gifts, and donations from public and private sources; and

(8) contract with public and private entities in the performance of its responsibilities.

Sec. 107A.003 [12.083]. FUNDING. The Health and Human Services Commission [department] may distribute to the office unobligated and unexpended appropriations to be used to carry out its powers.

[Sec. 12.084. REPORT TO LEGISLATURE. Not later than January 1 of each odd-numbered year, the office shall submit a biennial report to the legislature regarding the activities of the office and any findings and recommendations relating to minority health issues.]

SECTION 2. Sections 107.001 through 107.004 and 107.008, Health and Safety Code, are amended to read as follows:

Sec. 107.001. DEFINITIONS [DEFINITION]. In this chapter:

(1) "Commission" means the Health and Human Services Commission.

(2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(3) "Health and human services agency" means a health and human services agency listed by Section 531.001, Government Code.

(4) "Task[, "task] force" means the health disparities task force established under this chapter.

Sec. 107.002. PURPOSE. The purpose of the task force is to assist the commission [department] in accomplishing the following goals:

(1) to eliminate health and health access disparities in Texas among racial, multicultural, disadvantaged, ethnic, and regional populations; and

(2) to structure health and human services agency [reorganize department] programs to eliminate health and health access [those] disparities.

Sec. 107.003. DUTIES. (a) The task force shall:

(1) investigate and report on issues related to health and health access disparities among racial, multicultural, disadvantaged, ethnic, and regional populations;

(2) develop short-term and long-term strategies to eliminate health and health access disparities among racial, multicultural, disadvantaged, ethnic, and regional populations, with a focus on structuring health and human services agency [reorganizing department] programs to eliminate those disparities;

(3) monitor the progress of each health and human services agency [the department] in:

(A) eliminating [the] health and health access disparities; and

(B) structuring the agency's program activities [reorganizing department programs] to eliminate the disparities; and

(4) advise each health and human services agency [the department] on the implementation of any targeted programs or funding authorized by the legislature to address health and health access disparities.

(b) In performing the duties described in Subsection (a), the task force shall consult with each health and human services agency [the department], the Office for the Elimination of Health Disparities [of Minority Health and Cultural Competency, women's health offices of the department], and any other relevant division of the commission [the department].

Sec. 107.004. REPORT. The task force shall submit a biennial report on the progress of each health and human services agency [the department] in accomplishing the goals described by Section 107.002 to the governor, lieutenant governor, and speaker of the house of representatives. This report may be combined with any other report required of the commission [department] by law.

Sec. 107.008. PERSONNEL AND FACILITIES. The task force is administratively attached to the commission [department]. The commission [department] shall provide the necessary staff and facilities to assist the task force in performing its duties.

SECTION 3. The changes in law made by this Act do not affect the entitlement of a member serving on the health disparities task force immediately before the effective date of this Act to continue to carry out the task force's functions for the remainder of the member's term.

SECTION 4. (a) On January 1, 2008, or on an earlier date specified by the executive commissioner of the Health and Human Services Commission:

(1) the Department of State Health Services shall transfer any property, records, or personnel of the department related to the administration of the Office for the Elimination of Health Disparities, formerly known as the Office of Minority Health, or the health disparities task force to the Health and Human Services Commission to assist the commission to begin administering Chapter 107, Health and Safety Code, as amended by this Act, as efficiently as practicable;

(2) all powers, duties, functions, activities, obligations, rights, contracts, records, property, and appropriations or other money of the Office for the Elimination of Health Disparities, formerly known as the Office of Minority Health, or the health disparities task force are transferred to the Health and Human Services Commission;

(3) a rule or form adopted by the Department of State Health Services that relates to the Office for the Elimination of Health Disparities, the Office of Minority Health, or the health disparities task force is a rule or form of the Health and Human Services Commission and remains in effect until altered by the commission; and

(4) a reference in law or an administrative rule to the Department of State Health Services that relates to the Office for the Elimination of Health Disparities, the Office of Minority Health, or the health disparities task force means the Health and Human Services Commission.

(b) The Health and Human Services Commission shall take all action necessary to provide for the transfer of the Office for Elimination of Health Disparities, formerly known as the Office of Minority Health, to the commission as soon as possible after the effective date of this Act but not later than January 1, 2008.

SECTION 5. This Act takes effect September 1, 2007.

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