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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Texas Medical Child Abuse Resources |
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and Education System grant program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 1001, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION |
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SYSTEM (MEDCARES) |
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Sec. 1001.151. TEXAS MEDICAL CHILD ABUSE RESOURCES AND |
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EDUCATION SYSTEM GRANT PROGRAM. (a) The department shall |
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establish the Texas Medical Child Abuse Resources and Education |
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System (MEDCARES) grant program to award grants for the purpose of |
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developing and supporting regional programs to improve the |
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assessment, diagnosis, and treatment of child abuse and neglect as |
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described by the report submitted to the 80th Legislature by the |
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committee on pediatric centers of excellence relating to abuse and |
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neglect in accordance with Section 266.0031, Family Code, as added |
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by Chapter 1406 (S.B. 758), Acts of the 80th Legislature, Regular |
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Session, 2007. |
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(b) The department may award grants to hospitals or academic |
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health centers with expertise in pediatric health care and a |
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demonstrated commitment to developing basic and advanced programs |
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and centers of excellence for the assessment, diagnosis, and |
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treatment of child abuse and neglect. |
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(c) The department shall encourage collaboration among |
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grant recipients in the development of program services and |
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activities. |
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Sec. 1001.152. USE OF GRANT. A grant awarded under this |
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subchapter may be used to support: |
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(1) comprehensive medical evaluations, psychosocial |
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assessments, treatment services, and written and photographic |
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documentation of abuse; |
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(2) education and training for health professionals, |
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including physicians, medical students, resident physicians, child |
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abuse fellows, and nurses, relating to the assessment, diagnosis, |
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and treatment of child abuse and neglect; |
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(3) education and training for community agencies |
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involved with child abuse and neglect, law enforcement officials, |
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child protective services staff, and children's advocacy centers |
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involved with child abuse and neglect; |
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(4) medical case reviews and consultations and |
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testimony regarding those reviews and consultations; |
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(5) research, data collection, and quality assurance |
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activities, including the development of evidence-based guidelines |
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and protocols for the prevention, evaluation, and treatment of |
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child abuse and neglect; |
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(6) the use of telemedicine and other means to extend |
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services from regional programs into underserved areas; and |
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(7) other necessary activities, services, supplies, |
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facilities, and equipment as determined by the department. |
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Sec. 1001.153. MEDCARES ADVISORY COMMITTEE. The executive |
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commissioner shall establish an advisory committee to advise the |
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department and the executive commissioner in establishing rules and |
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priorities for the use of grant funds awarded through the program. |
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The advisory committee is composed of the following nine members: |
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(1) the state Medicaid director or the state Medicaid |
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director's designee; |
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(2) the medical director for the Department of Family |
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and Protective Services or the medical director's designee; and |
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(3) as appointed by the executive commissioner: |
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(A) two pediatricians with expertise in child |
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abuse or neglect; |
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(B) a nurse with expertise in child abuse or |
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neglect; |
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(C) a representative of a pediatric residency |
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training program; |
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(D) a representative of a children's hospital; |
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(E) a representative of a children's advocacy |
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center; and |
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(F) a member of the Governor's EMS and Trauma |
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Advisory Council. |
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Sec. 1001.154. GIFTS AND GRANTS. The department may |
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solicit and accept gifts, grants, and donations from any public or |
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private source for the purposes of this subchapter. |
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Sec. 1001.155. REQUIRED REPORT. Not later than December 1 |
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of each even-numbered year, the department, with the assistance of |
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the advisory committee established under this subchapter, shall |
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submit a report to the governor and the legislature regarding the |
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grant activities of the program and grant recipients, including the |
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results and outcomes of grants provided under this subchapter. |
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Sec. 1001.156. RULES. The executive commissioner may adopt |
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rules as necessary to implement this subchapter. |
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Sec. 1001.157. APPROPRIATION REQUIRED. The department is |
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not required to award a grant under this subchapter unless the |
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department is specifically appropriated money for purposes of this |
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subchapter. |
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SECTION 2. (a) Not later than November 1, 2009, the |
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executive commissioner of the Health and Human Services Commission |
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shall appoint the members of the advisory committee as required by |
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Section 1001.153, Health and Safety Code, as added by this Act. |
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(b) Not later than January 1, 2010, the Department of State |
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Health Services shall establish and implement a grant program as |
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described by Subchapter F, Chapter 1001, Health and Safety Code, as |
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added by this Act. |
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(c) Not later than December 1, 2010, the Department of State |
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Health Services shall provide the initial report to the governor |
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and the legislature as required by Section 1001.155, Health and |
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Safety Code, as added by this Act. |
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SECTION 3. 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 4. This Act does not make an appropriation. This |
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Act takes effect only if a specific appropriation for the |
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implementation of the Act is provided in a general appropriations |
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act of the 81st Legislature. |
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SECTION 5. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2009. |