Amend CSSB 1 (house committee printing) by adding the following appropriately numbered ARTICLE to the bill and renumbering subsequent ARTICLES and SECTIONS of the bill accordingly:

ARTICLE ____. PROVISIONS RELATING TO CORRECTIONAL HEALTH CARE

SECTION ____.01.  Subchapter C, Chapter 499, Government Code, is amended by adding Section 499.055 to read as follows:

SECTION ____.02.  Section 501.063, Government Code, is amended to read as follows:

Sec. 501.063.  INMATE FEE [COPAYMENTS] FOR [CERTAIN] HEALTH CARE [VISITS]. (a)(1) An inmate confined in a facility operated by or under contract with the department, other than a halfway house, who initiates a visit to a health care provider shall pay a health care services fee [make a copayment] to the department in the amount of $100 [$3].

(3)  The inmate shall pay [make] the fee [copayment] out of the inmate's trust fund. If the balance in the fund is insufficient to cover the fee [copayment], 50 percent of each deposit to the fund shall be applied toward the balance owed until the total amount owed is paid.

(b)  [The department may not charge a copayment for health care:

[(1)     provided in response to a life-threatening or emergency situation affecting the inmate's health;

[(2)     initiated by the department;

[(3)     initiated by the health care provider or consisting of routine follow-up, prenatal, or chronic care; or

[(4)     provided under a contractual obligation that is established under the Interstate Corrections Compact or under an agreement with another state that precludes assessing a copayment.

[(c)]  The department shall adopt policies to ensure that before any deductions are made from an inmate's trust fund under this section [an inmate initiates a visit to a health care provider], the inmate is informed that the health care services fee [a $3 copayment] will be deducted from the inmate's trust fund as required by Subsection (a).

(c) [(d)]  The department may not deny an inmate access to health care as a result of the inmate's failure or inability to pay a fee under this section [make a copayment].

(d) [(e)]  The department shall deposit money received under this section in an account in the general revenue fund that may be used only to pay the cost of correctional health care [administering this section]. At the beginning of each fiscal year, the comptroller shall transfer any surplus from the preceding fiscal year to the state treasury to the credit of the general revenue fund.

SECTION ____.03.  Subchapter B, Chapter 501, Government Code, is amended by adding Section 501.067 to read as follows:

SECTION ____.04.  Subchapter E, Chapter 501, Government Code, is amended by adding Section 501.1485 to read as follows:

SECTION ____.05.  Section 251.012, Health and Safety Code, as effective September 1, 2011, is amended to read as follows:

Sec. 251.012.  EXEMPTIONS FROM LICENSING REQUIREMENT. The following facilities are not required to be licensed under this chapter:

(1)  a home and community support services agency licensed under Chapter 142 with a home dialysis designation;

(2)  a hospital licensed under Chapter 241 that provides dialysis only to individuals receiving:

(A)  [individuals receiving] inpatient services from the hospital; or

(B)  [individuals receiving] outpatient services due to a disaster declared by the governor or a federal disaster declared by the president of the United States occurring in this state or another state during the term of the disaster declaration; [or]

(3)  a hospital operated by or on behalf of the state as part of the managed health care provider network established under Chapter 501, Government Code, that provides dialysis only to individuals receiving:

(5)  the office of a physician unless the office is used primarily as an end stage renal disease facility.

SECTION ____.06.  Subchapter D, Chapter 161, Human Resources Code, is amended by adding Section 161.083 to read as follows:

SECTION ____.07.  (a) The Texas Department of Criminal Justice, in cooperation with The University of Texas Medical Branch at Galveston, the Texas Tech University Health Sciences Center, or a successor correctional managed health care provider, shall develop the training program required by Section 501.1485, Government Code, as added by this article, and the department shall submit an application for approval of that program, as required by Subsection (c) of that section, not later than January 1, 2012. If after the effective date of this Act and before the date the department develops the training program described by this subsection The University of Texas Medical Branch at Galveston and the Texas Tech University Health Sciences Center are no longer represented on the Correctional Managed Health Care Committee, or no longer serve as correctional managed health care providers, the executive director of the department shall request and receive the cooperation of any other state agency determined by the executive director to be an appropriate resource in the development of the program.

(b)  The change in law made by this article in amending Section 251.012, Health and Safety Code, applies only to dialysis services provided on or after the effective date of this Act. Dialysis services provided before the effective date of this Act are covered by the law in effect immediately before that date, and the former law is continued in effect for that purpose.

(c)  The executive commissioner of the Health and Human Services Commission shall establish the minimum standards and requirements and the acts and practices allowed or prohibited, as required by Section 161.083, Human Resources Code, as added by this article, not later than January 1, 2012.