82R13387 PMO-D
 
  By: Zerwas, Kolkhorst, et al. H.B. No. 273
 
 
 
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 15
  members, appointed as follows:
               (1)  five members appointed by the governor;
               (2)  five members appointed by the lieutenant governor;
  and
               (3)  five members appointed by the speaker of the house
  of representatives.
         (b)  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 September
  1, 2011, but only if Senate Bill 25 or another bill of the 82nd
  Legislature, Regular Session, 2011, enacting the Interstate Health
  Care Compact becomes law. If that bill does not become law, this Act
  has no effect.