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A BILL TO BE ENTITLED
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AN ACT
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relating to establishing a demonstration project for the regional |
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delivery of tertiary care services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 2, Health and Safety Code, is |
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amended by adding Chapter 46B to read as follows: |
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CHAPTER 46B. DEMONSTRATION OF REGIONAL DELIVERY OF TERTIARY MEDICAL |
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CARE |
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Sec. 46B.001. DEFINITIONS. In this chapter: |
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(1) "Department" means the Department of State Health |
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Services. |
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(2) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(3) "Public health region three" means the public |
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health region under Chapter 121 designated by the department as |
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public health region three. |
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(4) "Regional board" means the tertiary medical |
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services regional board created under this chapter. |
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(5) "Tertiary care facility" has the meaning assigned |
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by Section 46.001. |
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(6) "Tertiary medical services" has the meaning |
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assigned by Section 46.001. |
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Sec. 46B.002. REGIONAL DEMONSTRATION PROJECT. (a) The |
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department shall establish a demonstration project in public health |
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region three to develop and implement a regional approach to the |
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delivery of tertiary medical services. |
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(b) A county, municipality, hospital district, or tertiary |
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care facility in public health region three may elect to |
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participate in the demonstration project by notifying the |
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department in accordance with rules adopted by the executive |
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commissioner. |
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Sec. 46B.003. RULES. The executive commissioner may adopt |
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rules for the implementation of the demonstration project under |
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this chapter. |
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Sec. 46B.004. TERTIARY MEDICAL SERVICES REGIONAL BOARD. |
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(a) The executive commissioner shall establish the tertiary medical |
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services regional board to administer the demonstration project |
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under this chapter. Members of the regional board serve two-year |
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terms. |
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(b) The regional board is composed of: |
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(1) one member representing each participating |
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county, municipality, or hospital district appointed by the county, |
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municipality, or hospital district; |
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(2) one member appointed by the executive commissioner |
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as nominated by the participating tertiary care facilities; and |
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(3) the chief executive officer of the department or a |
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representative appointed by the chief executive officer. |
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(c) The regional board shall elect a presiding officer and |
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adopt rules governing the administration of the regional board. |
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(d) Chapter 2110, Government Code, does not apply to the |
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regional board. |
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Sec. 46B.005. REGIONAL BOARD DUTIES. (a) The regional |
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board shall develop and implement a system for the delivery of |
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tertiary medical services on a regional basis. |
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(b) In developing the system, the regional board shall: |
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(1) assess: |
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(A) the tertiary medical services needs of the |
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region; and |
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(B) the need for additional tertiary medical |
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services in the region, including the types of services needed and |
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the levels of services needed; |
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(2) inventory the tertiary medical services available |
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in the region; |
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(3) identify sources and methods of funding for the |
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provision of tertiary medical services in the region; and |
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(4) make recommendations to the Health and Human |
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Services Commission and the department regarding implementation of |
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the demonstration project. |
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(c) In implementing the system, the board shall: |
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(1) contract with providers to provide tertiary |
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medical services to eligible individuals in the region; |
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(2) coordinate payments for tertiary medical services |
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to participating providers; and |
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(3) monitor the progress of the demonstration project. |
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Sec. 46B.006. ELIGIBILITY FOR TERTIARY MEDICAL SERVICES |
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PROVIDED THROUGH DEMONSTRATION PROJECT. (a) The regional board |
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shall establish minimum eligibility standards and application, |
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documentation, and verification procedures for participating |
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entities to use in determining eligibility of persons receiving |
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tertiary medical services under this chapter. The eligibility |
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standards must be coordinated with the standards applicable for |
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each participating entity under Chapter 61. |
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(b) The minimum eligibility standards must: |
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(1) include a person who is a resident of a county in |
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public health region three, regardless of the county's |
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participation in the demonstration project; and |
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(2) incorporate a net income eligibility level equal |
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to 100 percent of the federal poverty level based on the federal |
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Office of Management and Budget poverty index. |
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(c) For a person who is located within the boundaries of a |
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county, municipality, or hospital district within public health |
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region three that is not served by a provider of tertiary medical |
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services, the minimum eligibility standards may incorporate a net |
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income eligibility level that is less than 200 percent of the |
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federal poverty level based on the federal Office of Management and |
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Budget poverty index. The regional board may provide for a |
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different level of reimbursement for tertiary medical services |
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provided to a person described by this subsection. |
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Sec. 46B.007. FUNDS FOR DEMONSTRATION PROJECT. (a) The |
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regional board may accept and use local, state, and federal funds |
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and private donations to fund the demonstration project. |
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(b) State, local, and private funds may be used to qualify |
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for federal matching funds that are available to fund the |
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demonstration project. |
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(c) A participating county, municipality, hospital |
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district, or tertiary care facility may contribute funds to the |
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regional board for use in the demonstration project. |
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(d) The regional board shall deposit money received under |
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this section other than state and federal funds into an account |
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maintained by the comptroller outside the state treasury and |
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administered by the regional board. |
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(e) Funds received from a participating county, |
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municipality, hospital district, or tertiary care facility under |
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this section may be used only to pay for: |
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(1) tertiary medical services provided to eligible |
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residents by contracted providers; |
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(2) expanding the type or level of tertiary medical |
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services available to eligible residents in the region; |
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(3) the costs incurred by the regional board in |
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administering the demonstration project; |
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(4) programs and grants to enhance the health of |
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eligible residents; and |
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(5) other appropriate expenses related to the |
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demonstration project. |
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(f) The regional board shall adopt procedures to ensure that |
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money from the account administered by the board is used for a |
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purpose described by Subsection (e). |
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(g) Funds remaining in an account administered by the |
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regional board when the demonstration project ends shall be |
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distributed to each participating entity in proportion to the |
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contribution made by the entity. |
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Sec. 46B.008. REPORT. Not later than September 1, 2010, |
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the regional board shall submit a report to the executive |
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commissioner, the governor, the lieutenant governor, and the |
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speaker of the house of representatives regarding: |
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(1) the results of the demonstration project; and |
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(2) the regional board's recommendations regarding the |
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further development and implementation of the regional delivery of |
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tertiary medical services. |
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Sec. 46B.009. EXPIRATION. This chapter expires September |
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1, 2011. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. Not later than September 1, 2008, the Department |
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of State Health Services shall implement the demonstration project |
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required by Chapter 46B, Health and Safety Code, as added by this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2007. |