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A BILL TO BE ENTITLED
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AN ACT
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relating to expanding the use of and funding for promotoras, |
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patient health navigators, and community health workers in this |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 48, Health and Safety Code, is amended to |
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read as follows: |
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CHAPTER 48. [TRAINING AND REGULATION OF] PROMOTORAS, PATIENT HEALTH |
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NAVIGATORS, AND COMMUNITY HEALTH WORKERS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 48.001. DEFINITIONS. In this chapter: |
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(1) "Advisory committee" means the Promotora Program |
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Development Advisory Committee. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(3) "Compensation" includes receiving payment or |
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receiving reimbursement for expenses. |
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(4) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(5) [(2)] "Promotora," "patient health navigator," or |
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"community health worker" means a person who, with or without |
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compensation, provides a liaison between health care providers and |
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patients through activities that may include activities such as |
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assisting in case conferences, providing patient education, making |
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referrals to health and social services, conducting needs |
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assessments, distributing surveys to identify barriers to health |
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care delivery, making home visits, and providing bilingual language |
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services. |
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SUBCHAPTER B. TRAINING AND REGULATION OF PROMOTORAS, PATIENT |
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HEALTH NAVIGATORS, AND COMMUNITY HEALTH WORKERS |
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Sec. 48.051 [48.002]. PROMOTORA, PATIENT HEALTH NAVIGATOR, |
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AND COMMUNITY HEALTH WORKER TRAINING PROGRAM. (a) The commission |
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[department] shall establish and operate a program designed to |
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train and educate persons who act as promotoras, patient health |
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navigators, or community health workers. In establishing the |
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training program, the commission [department], to the extent |
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possible, shall consider the report and any findings of the |
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advisory committee and implement any applicable recommendations of |
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the advisory committee [Promotora Program Development Committee]. |
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(b) Participation in a training and education program |
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established under this section is voluntary for a promotora, |
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patient health navigator, or community health worker who provides |
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services without receiving any compensation and mandatory for a |
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promotora, patient health navigator, or community health worker who |
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provides services for compensation. The executive commissioner |
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[board] may adopt rules to exempt a promotora, patient health |
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navigator, or community health worker from mandatory training who |
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has served for three or more years or who has 1,000 or more hours of |
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experience. |
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Sec. 48.052 [48.003]. CERTIFICATION PROGRAM FOR |
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PROMOTORAS, PATIENT HEALTH NAVIGATORS, AND COMMUNITY HEALTH |
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WORKERS. (a) The commission [department] shall establish and |
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operate a certification program for persons who act as promotoras, |
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patient health navigators, or community health workers. In |
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establishing the program, the executive commissioner [board] shall |
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adopt rules that provide minimum standards and guidelines, |
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including participation in the training and education program under |
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Section 48.051 [48.002], for issuance of a certificate to a person |
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under this section. In adopting the minimum standards and |
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guidelines, the executive commissioner [board] shall consider the |
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report and any findings of the advisory committee and adopt any |
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applicable recommendations of the advisory committee [Promotora
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Program Development Committee]. |
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(b) Receipt of a certificate issued under this section may |
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not be a requirement for a person to act as a promotora, patient |
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health navigator, or community health worker without receiving any |
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compensation and is a requirement for a person to act as a |
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promotora, patient health navigator, or community health worker for |
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compensation. |
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(c) The commission [Health and Human Services Commission] |
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shall require health and human services agencies to use certified |
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promotoras to the extent possible in health outreach and education |
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programs for recipients of medical assistance under Chapter 32, |
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Human Resources Code. |
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Sec. 48.053. RULES. The executive commissioner shall adopt |
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rules for the administration of this subchapter. |
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SUBCHAPTER C. MAXIMIZING BENEFITS FROM EMPLOYMENT OF |
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PROMOTORAS, PATIENT HEALTH NAVIGATORS, AND COMMUNITY HEALTH |
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WORKERS |
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Sec. 48.101. PROMOTORA PROGRAM DEVELOPMENT ADVISORY |
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COMMITTEE. (a) The commission shall establish a statewide |
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Promotora Program Development Advisory Committee composed of |
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representatives from relevant entities and state agencies |
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appointed by the executive commissioner. The executive |
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commissioner shall appoint a member of the advisory committee as |
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presiding officer of the advisory committee. |
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(b) The advisory committee shall assist the commission in: |
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(1) developing the model plan described by Section |
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48.102; |
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(2) interpreting, including performing a cost-benefit |
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analysis, the results of studies and other information related to |
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the employment and funding of promotoras, patient health |
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navigators, and community health workers; |
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(3) developing recommendations for a sustainable |
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program for promotoras, patient health navigators, and community |
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health workers consistent with the purposes of this subchapter; and |
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(4) preparing the report required by Section 48.103. |
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(c) Chapter 2110, Government Code, applies to the advisory |
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committee. |
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Sec. 48.102. MODEL PLAN. The commission shall create and |
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implement a model plan to: |
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(1) maximize the employment of and access to |
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promotoras, patient health navigators, and community health |
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workers where practicable; and |
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(2) expand funding and reimbursement for services |
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provided by promotoras, patient health navigators, and community |
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health workers. |
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Sec. 48.103. COMMISSION STUDY. (a) The commission shall: |
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(1) study the desirability and feasibility of |
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employing promotoras, patient health navigators, and community |
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health workers to provide publicly and privately funded health |
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services in this state; and |
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(2) explore methods of funding and reimbursing |
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promotoras, patient health navigators, and community health |
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workers for the provision of health care services. |
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(b) In conducting the study required by Subsection (a), the |
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commission shall consult: |
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(1) relevant national organizations engaged in the |
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development of community health worker policy; |
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(2) the advisory committee; and |
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(3) other individuals or organizations the commission |
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considers necessary to prepare and implement the model plan under |
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Section 48.102. |
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(c) The commission shall use the findings of the study |
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required by Subsection (a) in creating and implementing the model |
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plan under Section 48.102. |
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(d) On or before December 1, 2012, the commission shall |
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submit to the legislature a report regarding the impact of the |
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implementation of the model plan described by Section 48.102 on: |
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(1) the cost of avoidable health care expenses in this |
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state; |
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(2) the efficiency and quality of health care services |
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provided in this state; and |
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(3) the access of individuals in this state to health |
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care services. |
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(e) This section expires December 31, 2012. |
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SECTION 2. The heading to Subtitle B, Title 2, Health and |
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Safety Code, is amended to read as follows: |
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SUBTITLE B. [TEXAS DEPARTMENT OF] HEALTH PROGRAMS |
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SECTION 3. Not later than December 31, 2011, the Health and |
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Human Services Commission shall: |
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(1) establish the Promotora Program Development |
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Advisory Committee as required by Section 48.101, Health and Safety |
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Code, as added by this Act; |
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(2) adopt the rules required by Section 48.053, Health |
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and Safety Code, as added by this Act; and |
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(3) implement the model plan required by Section |
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48.102, Health and Safety Code, as added by this Act. |
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SECTION 4. (a) On September 1, 2011, the promotora, patient |
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health navigator, and community health worker training program |
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described by Section 48.051, Health and Safety Code, as added by |
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this Act, and the certification program for promotoras, patient |
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health navigators, and community health workers described by |
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Section 48.052, Health and Safety Code, as added by this Act, are |
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transferred from the Department of State Health Services to the |
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Health and Human Services Commission. |
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(b) The rules of the promotora, patient health navigator, |
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and community health worker training program and certification |
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program for promotoras, patient health navigators, and community |
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health workers are continued in effect until superseded by rules |
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adopted by the executive commissioner of the Health and Human |
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Services Commission. |
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SECTION 5. 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 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |