By: Patrick S.B. No. 17

A BILL TO BE ENTITLED

AN ACT

relating to creation of a study committee for the Interstate Health Care Compact.

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

SECTION 1. FINDINGS. (a) The legislature finds that the Interstate Health Care Compact authorizes the legislature to suspend the operation of federal laws, rules, regulations, and orders regarding health care that are inconsistent with a state law or regulation.

(b) By exercising the authority described by Subsection (a) of this section, the state assumes primary responsibility to regulate health care in this state.

(c) Alternatively, the legislature may suspend a federal law, rule, regulation, or order relating to a limited area of health care.

(d) By exercising the authority described by Subsection (c) of this section, the state assumes primary responsibility to regulate health care for only that limited area of health care.

(e) The first step toward implementation of the Interstate Health Care Compact in this state is the creation of a study committee to make recommendations to the governor and legislature about the most efficient use of the authority provided by the Interstate Health Care Compact.

SECTION 2. DEFINITIONS. In this Act:

(1) "Committee" means the Texas Health Care Compact Advisory Committee.

(2) "Compact" means the Interstate Health Care Compact.

(3) "Health care" means care, services, supplies, or plans related to the health of an individual, including:

(A) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, counseling, service, assessment, or treatment related to the physical or mental condition or function of an individual or the structure or function of the body;

(B) the sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription; and

(C) provision or payment by an individual or group health benefit plan of the cost of care, services, or supplies related to the health of an individual. The term does not include care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veterans Affairs, or provided to Native Americans.

SECTION 3. TEXAS HEALTH CARE COMPACT ADVISORY COMMITTEE. The Texas Health Care Compact Advisory Committee is established to make recommendations to the legislature and governor on the implementation of the Interstate Health Care Compact in this state.

SECTION 4. MEMBERSHIP. (a) The committee is composed of 11 members, appointed as follows:

(1) five individuals experienced in the delivery of or payment for health care services in this state appointed by the governor;

(2) three members of the senate appointed by the lieutenant governor; and

(3) three members of the house of representatives appointed by the speaker of the house of representatives.

(b) The members of the committee must be individuals who reflect the geographic diversity of this state.

(c) Each state agency involved in the delivery or regulation of health care in this state may appoint one individual to serve on the committee in a nonvoting capacity.

(d) The governor shall select the presiding officer of the committee from the membership of the committee.

SECTION 5. POWERS AND DUTIES. (a) The committee shall:

(1) examine the state's capability to assume regulatory authority over health care;

(2) recommend:

(A) the appropriate scope of authority and responsibility for the state consistent with the state's capability to assume regulatory authority over health care;

(B) an organizational structure to exercise regulatory authority over health care;

(C) a timetable for implementation; and

(D) specific amendments to state laws and regulations that are necessary to implement the committee's recommendations under this subdivision; and

(3) estimate funding requirements to implement the recommendations.

(b) The committee shall hold public hearings on the state's capability to assume regulatory authority over health care.

(c) The committee may adopt rules necessary to conduct business under and implement this Act.

SECTION 6. SUPPORT. (a) The committee may request assistance from any state executive or legislative governmental entity.

(b) The committee may solicit and accept gifts and grants for the support of the committee's activities.

(c) The legislature may appropriate funds for the support of the committee's activities.

(d) The committee may employ staff.

SECTION 7. REPORT. Not later than December 1, 2012, the committee shall report to the governor and the legislature the recommendations made under Section 5 of this Act.

SECTION 8. EXPIRATION. This Act expires August 31, 2013.

SECTION 9. EFFECTIVE DATE. This Act takes effect on the 91st day after the last day of the legislative session, but only if Senate Bill 5 or another bill of the 82nd Legislature, First Called Session, 2011, enacting the Interstate Health Care Compact becomes law. If that bill does not become law, this Act has no effect.