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A BILL TO BE ENTITLED
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AN ACT
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relating to the containment of costs incurred in the correctional |
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health care system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 499, Government Code, is |
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amended by adding Section 499.055 to read as follows: |
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Sec. 499.055. POPULATION MANAGEMENT BASED ON INMATE HEALTH. |
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The department shall adopt policies designed to manage inmate |
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population based on similar health conditions suffered by inmates. |
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The policies adopted under this section must maximize |
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organizational efficiencies and reduce health care costs to the |
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department by housing inmates with similar health conditions in the |
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same unit or units that are, if possible, served by or located near |
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one or more specialty health care providers most likely to be needed |
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for the treatment of the health condition. |
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SECTION 2. Section 501.063, Government Code, is amended to |
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read as follows: |
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Sec. 501.063. INMATE FEE [COPAYMENTS] FOR [CERTAIN] HEALTH |
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CARE [VISITS]. (a)(1) An inmate confined in a facility operated by |
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or under contract with the department, other than a halfway house, |
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who initiates a visit to a health care provider shall pay a health |
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care services fee [make a copayment] to the department in the amount |
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of $100 [$3]. |
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(2) The fee imposed under Subdivision (1) covers all |
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visits to a health care provider that the inmate initiates until the |
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first anniversary of the imposition of the fee. |
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(3) The inmate shall pay [make] the fee [copayment] |
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out of the inmate's trust fund. If the balance in the fund is |
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insufficient to cover the fee [copayment], 50 percent of each |
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deposit to the fund shall be applied toward the balance owed until |
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the total amount owed is paid. |
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(b) [The department may not charge a copayment for health
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care:
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[(1)
provided in response to a life-threatening or
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emergency situation affecting the inmate's health;
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[(2) initiated by the department;
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[(3)
initiated by the health care provider or
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consisting of routine follow-up, prenatal, or chronic care; or
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[(4)
provided under a contractual obligation that is
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established under the Interstate Corrections Compact or under an
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agreement with another state that precludes assessing a copayment.
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[(c)] The department shall adopt policies to ensure that |
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before any deductions are made from an inmate's trust fund under |
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this section [an inmate initiates a visit to a health care
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provider], the inmate is informed that the health care services fee |
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[a $3 copayment] will be deducted from the inmate's trust fund as |
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required by Subsection (a). |
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(c) [(d)] The department may not deny an inmate access to |
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health care as a result of the inmate's failure or inability to pay |
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a fee under this section [make a copayment]. |
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(d) [(e)] The department shall deposit money received under |
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this section in an account in the general revenue fund that may be |
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used only to pay the cost of correctional health care |
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[administering this section]. At the beginning of each fiscal |
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year, the comptroller shall transfer any surplus from the preceding |
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fiscal year to the state treasury to the credit of the general |
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revenue fund. |
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SECTION 3. Subchapter B, Chapter 501, Government Code, is |
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amended by adding Section 501.067 to read as follows: |
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Sec. 501.067. AVAILABILITY OF CERTAIN MEDICATION. (a) In |
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this section, "over-the-counter medication" means medication that |
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may legally be sold and purchased without a prescription. |
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(b) The department shall make over-the-counter medication |
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available for purchase by inmates in each inmate commissary |
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operated by or under contract with the department. |
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(c) The department may not deny an inmate access to |
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over-the-counter medications as a result of the inmate's inability |
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to pay for the medication. The department shall pay for the cost of |
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over-the-counter medication for inmates who are unable to pay for |
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the medication out of the profits of inmate commissaries operated |
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by or under contract with the department. |
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(d) The department may adopt policies concerning the sale |
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and purchase of over-the-counter medication under this section as |
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necessary to ensure the safety and security of inmates in the |
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custody of, and employees of, the department, including policies |
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concerning the quantities and types of over-the-counter medication |
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that may be sold and purchased under this section. |
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SECTION 4. Subchapter E, Chapter 501, Government Code, is |
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amended by adding Section 501.1485 to read as follows: |
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Sec. 501.1485. CORRECTIONS MEDICATION AIDES. (a) The |
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department, in cooperation with The University of Texas Medical |
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Branch at Galveston and the Texas Tech University Health Sciences |
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Center, shall develop and implement a training program for |
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corrections medication aides that uses a curriculum specific to |
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administering medication in a correctional setting. |
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(b) In developing the curriculum for the training program, |
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the department, The University of Texas Medical Branch at |
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Galveston, and the Texas Tech University Health Sciences Center |
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shall: |
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(1) consider the content of the curriculum developed |
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by the American Correctional Association for certified corrections |
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nurses; and |
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(2) modify as appropriate the content of the |
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curriculum developed under Chapter 242, Health and Safety Code, for |
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medication aides administering medication in convalescent and |
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nursing homes and related institutions to produce content suitable |
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for administering medication in a correctional setting. |
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(c) The department shall submit an application for the |
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approval of a training program developed under this section, |
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including the curriculum, to the Department of Aging and Disability |
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Services in the manner established by the executive commissioner of |
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the Health and Human Services Commission under Section 161.083, |
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Human Resources Code. |
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SECTION 5. Section 251.012, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The |
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following facilities are not required to be licensed under this |
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chapter: |
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(1) a home and community support services agency |
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licensed under Chapter 142 with a home dialysis designation; |
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(2) a hospital licensed under Chapter 241 that |
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provides dialysis only to individuals receiving: |
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(A) [individuals receiving] inpatient services |
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from the hospital; or |
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(B) [individuals receiving] outpatient services |
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due to a disaster declared by the governor or a federal disaster |
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declared by the president of the United States occurring in this |
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state or another state during the term of the disaster declaration; |
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[or] |
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(3) a hospital operated by or on behalf of the state as |
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part of the managed health care provider network established under |
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Chapter 501, Government Code, that provides dialysis only to |
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individuals receiving: |
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(A) inpatient services from the hospital; or |
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(B) outpatient services while serving a term of |
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confinement in a facility operated by or under contract with the |
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Texas Department of Criminal Justice; |
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(4) an end stage renal disease facility operated by or |
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on behalf of the state as part of the managed health care provider |
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network established under Chapter 501, Government Code, that |
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provides dialysis only to individuals receiving those services |
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while serving a term of confinement in a facility operated by or |
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under contract with the Texas Department of Criminal Justice; or |
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(5) the office of a physician unless the office is used |
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primarily as an end stage renal disease facility. |
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SECTION 6. Subchapter D, Chapter 161, Human Resources Code, |
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is amended by adding Section 161.083 to read as follows: |
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Sec. 161.083. CORRECTIONS MEDICATION AIDES. (a) The |
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executive commissioner shall establish: |
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(1) minimum standards and procedures for the approval |
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of corrections medication aide training programs, including |
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curricula, developed under Section 501.1485, Government Code; |
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(2) minimum requirements for the issuance, denial, |
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renewal, suspension, and revocation of a permit to a corrections |
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medication aide, including the payment of an application or renewal |
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fee in an amount necessary to cover the costs incurred by the |
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department in administering this section; and |
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(3) the acts and practices that are within and outside |
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the scope of a permit issued under this section. |
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(b) Not later than the 90th day after receipt of an |
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application for approval of a corrections medication aide training |
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program developed under Section 501.1485, Government Code, the |
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department shall: |
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(1) approve the program, if the program meets the |
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minimum standards and procedures established under Subsection |
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(a)(1); or |
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(2) provide notice to the Texas Department of Criminal |
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Justice that the program is not approved and include in the notice a |
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description of the actions that are required for the program to be |
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approved. |
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(c) The department shall issue a permit to or renew the |
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permit of an applicant who meets the minimum requirements |
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established under Subsection (a)(2). The department shall |
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coordinate with the Texas Department of Criminal Justice in the |
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performance of the department's duties and functions under this |
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subsection. |
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SECTION 7. (a) The Texas Department of Criminal Justice, in |
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cooperation with The University of Texas Medical Branch at |
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Galveston, the Texas Tech University Health Sciences Center, or a |
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successor correctional managed health care provider, shall develop |
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the training program required by Section 501.1485, Government Code, |
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as added by this Act, and the department shall submit an application |
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for approval of that program, as required by Subsection (c) of that |
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section, not later than January 1, 2012. If after the effective |
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date of this Act and before the date the department develops the |
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training program described by this subsection The University of |
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Texas Medical Branch at Galveston and the Texas Tech University |
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Health Sciences Center are no longer represented on the |
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Correctional Managed Health Care Committee, or no longer serve as |
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correctional managed health care providers, the executive director |
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of the department shall request and receive the cooperation of any |
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other state agency determined by the executive director to be an |
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appropriate resource in the development of the program. |
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(b) The change in law made by this Act in amending Section |
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251.012, Health and Safety Code, applies only to dialysis services |
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provided on or after the effective date of this Act. Dialysis |
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services provided before the effective date of this Act are covered |
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by the law in effect immediately before that date, and the former |
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law is continued in effect for that purpose. |
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(c) The executive commissioner of the Health and Human |
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Services Commission shall establish the minimum standards and |
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requirements and the acts and practices allowed or prohibited, as |
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required by Section 161.083, Human Resources Code, as added by this |
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Act, not later than January 1, 2012. |
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SECTION 8. This Act takes effect on the 91st day after the |
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last day of the legislative session. |