|
INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
|
|
SECTION 1. Section
531.021(b), Government Code, is amended to read as follows:
(b) The commission shall:
(1) plan and direct the
Medicaid program in each agency that operates a portion of the Medicaid
program, including the management of the Medicaid managed care system and
the development, procurement, management, and monitoring of contracts
necessary to implement the Medicaid managed care system;
(2) adopt reasonable rules
and standards governing the determination of fees, charges, and rates for
medical assistance payments under Chapter 32, Human Resources Code, in
consultation with the agencies that operate the Medicaid program; and
(3) establish requirements
for and define the scope of the ongoing evaluation of the Medicaid managed
care system [conducted in conjunction with the Texas Health Care
Information Council under Section 108.0065, Health and Safety Code].
|
No equivalent provision.
|
|
SECTION 2. Section
531.0214(b), Government Code, is amended to read as follows:
(b) To minimize cost and
duplication of activities, the commission shall assist and coordinate:
(1) the efforts of the
agencies that are participating in the development of the system required
by Subsection (a); and
(2) the efforts of those
agencies with the efforts of other agencies involved in a [statewide]
health care data collection system used by the Department of State
Health Services [provided for by Section 108.006, Health and Safety
Code], including avoiding duplication of expenditure of state funds for
computer hardware, staff, or services.
|
No
equivalent provision.
|
|
SECTION 3. Section
2054.0541, Government Code, is amended to read as follows:
Sec. 2054.0541. STATEWIDE
HEALTH CARE DATA COLLECTION SYSTEM. The department shall assist [the
Texas Health Care Information Council and] the [Texas]
Department of State Health Services with planning, analyses,
and management functions relating to the procurement, use, and
implementation of a [statewide] health care data collection system used
by the Department of State Health Services [under Chapter 108,
Health and Safety Code].
|
No
equivalent provision.
|
|
SECTION 4. Chapter 35,
Health and Safety Code, is amended by adding Section 35.014 to read as
follows:
Sec. 35.014. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The services program for children with
special health care needs is subject to review under Chapter 325,
Government Code (Texas Sunset Act), as if it were a state agency subject to
review under that chapter. If the program is not continued in existence in
accordance with that chapter, the program is abolished and this chapter
expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 5. Chapter 36,
Health and Safety Code, is amended by adding Section 36.015 to read as
follows:
Sec. 36.015. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The screening program for special senses and
communication disorders established under this chapter is subject to review
under Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program is
abolished and this chapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 6. Chapter 37,
Health and Safety Code, is amended by adding Section 37.007 to read as
follows:
Sec. 37.007. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The program to detect abnormal spinal
curvature in children established under this chapter is subject to review
under Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program is
abolished and this chapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 7. Chapter 38,
Health and Safety Code, is amended by adding Section 38.003 to read as
follows:
Sec. 38.003. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The program for the control and eradication
of pediculosis in minors established under this chapter is subject to
review under Chapter 325, Government Code (Texas Sunset Act), as if it were
a state agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program is
abolished and this chapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision, but see SECTIONS 1 and 2 below.
|
|
SECTION 8. Chapter 39,
Health and Safety Code, is amended by adding Section 39.007 to read as
follows:
Sec. 39.007. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The children's outreach heart program is
subject to review under Chapter 325, Government Code (Texas Sunset Act), as
if it were a state agency subject to review under that chapter. If the
program is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 9. Chapter 40,
Health and Safety Code, is amended by adding Section 40.008 to read as
follows:
Sec. 40.008. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The epilepsy program established under this
chapter is subject to review under Chapter 325, Government Code (Texas
Sunset Act), as if it were a state agency subject to review under that
chapter. If the program is not continued in existence in accordance with
that chapter, the program is abolished and this chapter expires September
1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 10. Chapter 41,
Health and Safety Code, is amended by adding Section 41.008 to read as
follows:
Sec. 41.008. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The hemophilia assistance program is
subject to review under Chapter 325, Government Code (Texas Sunset Act), as
if it were a state agency subject to review under that chapter. If the
program is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 11. Chapter 42,
Health and Safety Code, is amended by adding Section 42.019 to read as
follows:
Sec. 42.019. SUNSET
PROVISION. The kidney health care division is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the division is abolished and this chapter
expires September 1, 2021.
|
No
equivalent provision.
|
|
SECTION 12. Chapter 43,
Health and Safety Code, is amended by adding Section 43.015 to read as
follows:
Sec. 43.015. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The oral health improvement services
program is subject to review under Chapter 325, Government Code (Texas
Sunset Act), as if it were a state agency subject to review under that
chapter. If the program is not continued in existence in accordance with
that chapter, the program is abolished and this chapter expires September
1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 13. Chapter 46,
Health and Safety Code, is amended by adding Section 46.008 to read as
follows:
Sec. 46.008. APPLICATION
OF SUNSET ACT TO SYSTEM. (a) The system implemented in accordance with
Section 46.002(a) is subject to review under Chapter 325, Government Code
(Texas Sunset Act), as if it were a state agency subject to review under
that chapter. If the system is not continued in existence in accordance
with that chapter, the system is abolished and this chapter expires
September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the system.
|
No
equivalent provision, but see SECTIONS 1 and 2 below.
|
|
SECTION 14. Chapter 47,
Health and Safety Code, is amended by adding Section 47.012 to read as
follows:
Sec. 47.012. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The newborn hearing screening, tracking,
and intervention program is subject to review under Chapter 325, Government
Code (Texas Sunset Act), as if it were a state agency subject to review
under that chapter. If the program is not continued in existence in
accordance with that chapter, the program is abolished and this chapter
expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 15. Section 81.010,
Health and Safety Code, is amended by adding Subsection (l) to read as follows:
(l) The Interagency
Coordinating Council for HIV and Hepatitis is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the council is abolished and this section expires
September 1, 2021.
|
No
equivalent provision.
|
|
SECTION 16. Chapter 83,
Health and Safety Code, is amended by adding Section 83.0085 to read as
follows:
Sec. 83.0085. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The program created by Section 83.008 is
subject to review under Chapter 325, Government Code (Texas Sunset Act), as
if it were a state agency subject to review under that chapter. If the
program is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision, but see SECTIONS 1 and 2 below.
|
|
SECTION 17. Subchapter B,
Chapter 85, Health and Safety Code, is amended by adding Section 85.045 to
read as follows:
Sec. 85.045. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The state grant program established under
this subchapter is subject to review under Chapter 325, Government Code
(Texas Sunset Act), as if it were a state agency subject to review under
that chapter. If the program is not continued in existence in accordance
with that chapter, the program is abolished and this subchapter expires
September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 18. Subchapter C,
Chapter 85, Health and Safety Code, is amended by adding Section 85.066 to
read as follows:
Sec. 85.066. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The Texas HIV medication program is subject
to review under Chapter 325, Government Code (Texas Sunset Act), as if it
were a state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the program
is abolished and this subchapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 19. Subchapter D,
Chapter 85, Health and Safety Code, is amended by adding Section 85.090 to
read as follows:
Sec. 85.090. APPLICATION
OF SUNSET ACT TO PROGRAMS. (a) The testing, registration, and counseling
programs established under this subchapter are subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if they were a state
agency subject to review under that chapter. If the programs are not
continued in existence in accordance with that chapter, the programs are abolished
and this subchapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the programs.
|
No
equivalent provision.
|
|
SECTION 20. Subchapter A,
Chapter 86, Health and Safety Code, is amended by adding Section 86.006 to
read as follows:
Sec. 86.006. SUNSET
PROVISION. The advisory council is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by that
chapter, the council is abolished and this subchapter expires September 1,
2021.
|
No
equivalent provision, but see SECTIONS 1 and 2 below.
|
|
SECTION 21. Section 86.012,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) The advisory
committee is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the committee is
abolished and this section expires September 1, 2021.
|
No
equivalent provision, but see SECTIONS 1 and 2 below.
|
|
SECTION 22. Section 86.103,
Health and Safety Code, is amended by adding Subsection (c) to read as
follows:
(c) The advisory council
is subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the council is
abolished and this section expires September 1, 2021.
|
No
equivalent provision, but see SECTIONS 1 and 2 below.
|
|
SECTION 23. Chapter 90,
Health and Safety Code, is amended by adding Section 90.004 to read as
follows:
Sec. 90.004. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The osteoporosis program created by Section
90.002 is subject to review under Chapter 325, Government Code (Texas
Sunset Act), as if it were a state agency subject to review under that
chapter. If the program is not continued in existence in accordance with
that chapter, the program is abolished and this chapter expires September
1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision, but see SECTIONS 1 and 2 below.
|
|
SECTION 24. Chapter 91, Health
and Safety Code, is amended by adding Section 91.004 to read as follows:
Sec. 91.004. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The program created by Section 91.002 is
subject to review under Chapter 325, Government Code (Texas Sunset Act), as
if it were a state agency subject to review under that chapter. If the
program is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision, but see SECTIONS 1 and 2 below.
|
|
SECTION 25. Subchapter A,
Chapter 93, Health and Safety Code, is amended by adding Section 93.015 to
read as follows:
Sec. 93.015. SUNSET
PROVISION. The Council on Cardiovascular Disease and Stroke is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished and this chapter
expires September 1, 2021.
|
No
equivalent provision.
|
|
SECTION 26. Chapter 97,
Health and Safety Code, is amended by adding Section 97.008 to read as
follows:
Sec. 97.008. APPLICATION
OF SUNSET ACT TO PROGRAM. (a) The arthritis control and prevention
program is subject to review under Chapter 325, Government Code (Texas
Sunset Act), as if it were a state agency subject to review under that
chapter. If the program is not continued in existence in accordance with
that chapter, the program is abolished and this chapter expires September
1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the program.
|
No
equivalent provision.
|
|
SECTION 27. Subchapter A,
Chapter 98, Health and Safety Code, as added by Chapter 359 (S.B. 288),
Acts of the 80th Legislature, Regular Session, 2007, is amended by adding
Section 98.003 to read as follows:
Sec. 98.003. SUNSET
PROVISION. The Advisory Panel on Health Care-Associated Infections and
Preventable Adverse Events is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by that
chapter, the advisory panel is abolished and this chapter expires September
1, 2021.
|
No
equivalent provision.
|
|
SECTION 28. Chapter 101,
Health and Safety Code, is amended by adding Section 101.011 to read as
follows:
Sec. 101.011. SUNSET
PROVISION. The Texas Council on Alzheimer's Disease and Related Disorders
is subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the council is
abolished and this chapter expires September 1, 2021.
|
No
equivalent provision.
|
|
SECTION 29. Chapter 103,
Health and Safety Code, is amended by adding Section 103.020 to read as
follows:
Sec. 103.020. SUNSET
PROVISION. The Texas Diabetes Council is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided by that
chapter, the council is abolished and this chapter expires September 1,
2021.
|
No
equivalent provision.
|
|
SECTION 30. Section
105.001(2), Health and Safety Code, is amended to read as follows:
(2) "Department"
["Council"] means the Department of State Health
Services [statewide health coordinating council].
|
No
equivalent provision.
|
|
SECTION 31. Section 105.002,
Health and Safety Code, is amended to read as follows:
Sec. 105.002. ESTABLISHMENT
OF CENTER. (a) In conjunction with the Texas Higher Education
Coordinating Board and in such a way as to avoid duplication of effort, the
department [council] shall establish a comprehensive health
professions resource center for the collection and analysis of educational
and employment trends for health professions in this state.
(b) To [In
conjunction with the committee formed under Section 104.0155, to avoid
duplication of effort, and to] the extent funding is available through
fees collected under Section 301.155(c), Occupations Code, the department
[council] shall establish a nursing resource section within the
center for the collection and analysis of educational and employment trends
for nurses in this state.
(c) If the nursing resource
section established under Subsection (b) is funded from surcharges
collected under Section 301.155(c), Occupations Code, the department
[council] shall provide the Texas Board of Nursing with an annual
accounting of the money received from the board. The department [council]
may expend a reasonable amount of the money to pay administrative costs of
maintaining the nursing resource section.
|
No
equivalent provision.
|
|
SECTION 32. Sections
105.003(a), (b), (c), (c-1), (d), (f), and (g), Health and Safety Code, are
amended to read as follows:
(a) The department [council]
shall place a high priority on collecting and disseminating data on health
professions demonstrating an acute shortage in this state, including:
(1) data concerning nursing
personnel; and
(2) data concerning the
health professions in which shortages occur in rural areas.
(b) To the extent possible,
the department [council] may collect the data from existing
sources that the department [council] determines are
credible. The department [council] may enter agreements with
those sources that establish guidelines concerning the identification,
acquisition, transfer, and confidentiality of the data.
(c) The Department of
Information Resources, through the state electronic Internet portal and in
consultation with the department [council] and the Health
Professions Council, shall add and label as "mandatory" the
following fields on an application or renewal form for a license,
certificate, or registration for a person subject to Subsection (c-2):
(1) full name and last four
digits of social security number;
(2) full mailing address;
and
(3) educational background
and training, including basic health professions degree, school name and
location of basic health professions degree, and graduation year for basic
health professions degree, and, as applicable, highest professional degree
obtained, related professional school name and location, and related
graduation year.
(c-1) The Department of
Information Resources, through the state electronic Internet portal and in
consultation with the department [council] and the Health
Professions Council, shall add the following fields on an application or
renewal form for a license, certificate, or registration for a person
subject to Subsection (c-2):
(1) date and place of birth;
(2) sex;
(3) race and ethnicity;
(4) location of high school;
(5) mailing address of
primary practice;
(6) number of hours per week
spent at primary practice location;
(7) description of primary
practice setting;
(8) primary practice
information, including primary specialty practice, practice location zip
code, and county; and
(9) information regarding
any additional practice, including description of practice setting,
practice location zip code, and county.
(d) To the extent feasible,
the department [council] shall use a researcher with a
doctorate in nursing to collect, analyze, and disseminate nursing data that
may be used to predict supply and demand for nursing personnel in this
state using appropriate federal or state supply-and-demand models. The
nursing data must at least:
(1) include demographics,
areas of practice, supply, demand, and migration; and
(2) be analyzed to identify
trends relating to numbers and geographical distribution, practice setting,
and area of practice and, to the extent possible, compare those trends with
corresponding national trends.
(f) The relevant members of
the Health Professions Council, in conjunction with the Department of
Information Resources, shall ensure that the information collected under
Subsections (c) and (c-1) is transmitted to the department [statewide
health coordinating council]. The department [council]
shall store the information as needed and conduct related workforce
studies, including a determination of the geographical distribution of the
reporting professionals.
(g) The relevant members of
the Health Professions Council, in conjunction with the Department of
Information Resources, shall ensure that the following information is
submitted to the department [statewide health coordinating
council] for a person subject to Subsection (c-2):
(1) certification,
registration, or license number;
(2) issuance date;
(3) method of certification,
registration, or licensure; and
(4) certification,
registration, or licensure status.
|
No
equivalent provision.
|
|
SECTION 33. Section 105.004,
Health and Safety Code, is amended to read as follows:
Sec. 105.004. REPORTS. (a)
The department [council] may use the data collected and
analyzed under this chapter to publish reports regarding:
(1) the educational and
employment trends for health professions;
(2) the supply and demand of
health professions; and
(3) other issues, as
necessary, concerning health professions in this state.
(b) The department [council]
shall publish reports regarding the data collected and analyzed under this
chapter related to:
(1) the educational and
employment trends of nursing professionals;
(2) the supply and demand of
nursing professionals; and
(3) other issues, as
determined necessary by the department [council], concerning
nursing professionals in this state.
|
No
equivalent provision.
|
|
SECTION 34. Section 105.007,
Health and Safety Code, is amended to read as follows:
Sec. 105.007.
CLEARINGHOUSE. (a) As part of the comprehensive health professions
resource center, the department [council] shall develop and
establish a clearinghouse for health professionals seeking collaborative
practice.
(b) The department [council]
may:
(1) set and collect a
reasonable fee to offset the cost of complying with this section;
(2) solicit, receive, and
spend grants, gifts, and donations from public and private sources to
comply with this section; and
(3) contract with public or
private entities in the performance of the department's [its]
responsibilities under this section.
|
No
equivalent provision.
|
|
SECTION 35. Section 105.008,
Health and Safety Code, is amended by amending Subsections (e) and (h) and
adding Subsection (l) to read as follows:
(e) The nursing resource
section shall contract with an independent researcher to develop the
research design and conduct the research. The independent researcher must
be selected by a selection committee composed of:
(1) [one representative
elected by a majority of the nursing advisory committee under Section
104.0155, who is the chair of the selection committee;
[(2)] one
representative designated by the Texas Health Care Policy Council;
(2) [(3)] the
presiding officer of the Texas Board of Nursing;
(3) [(4)] one
representative of the Texas Higher Education Coordinating Board, designated
by the governor;
(4) [(5)] one
representative designated by the Texas Hospital Association;
(5) [(6)] one
representative designated by the Texas Association of Business; and
(6) [(7)] one
representative designated by a clinical competency assessment program that
meets the requirements of Section 301.157(d-8), Occupations Code[; and
[(8) the nurse researcher
member of the nursing advisory committee under Section 104.0155].
(h) The executive
commissioner of the Health and Human Services Commission [nursing
advisory committee formed under Section 104.0155] shall oversee
[serve as the oversight committee for] the study.
(l) This section expires
December 31, 2017.
|
No
equivalent provision.
|
|
SECTION 36. Chapter 105,
Health and Safety Code, is amended by adding Section 105.009 to read as
follows:
Sec. 105.009. APPLICATION
OF SUNSET ACT TO CENTER. (a) The comprehensive health professions
resource center created by Section 105.002 is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a state
agency subject to review under that chapter. If the center is not
continued in existence in accordance with that chapter, the center is
abolished and this chapter expires September 1, 2021.
(b) To the extent that
Chapter 325, Government Code (Texas Sunset Act), places a duty on a state
agency subject to review under that chapter, the department shall perform
the duty as it relates to the center.
|
No
equivalent provision.
|
|
SECTION 37. Chapter 112,
Health and Safety Code, is amended by adding Section 112.015 to read as
follows:
Sec. 112.015. SUNSET
PROVISION. The Border Health Foundation is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the foundation is abolished and this chapter
expires September 1, 2021.
|
No
equivalent provision, but see SECTIONS 1 and 2 below.
|
|
SECTION 38. The heading to
Chapter 114, Health and Safety Code, is amended to read as follows:
CHAPTER 114. [INTERAGENCY]
OBESITY COORDINATION EFFORT [COUNCIL]
|
No
equivalent provision.
|
|
SECTION 39. Section 114.001,
Health and Safety Code, is amended to read as follows:
Sec. 114.001. DEFINITION.
In this chapter, "institution of higher education" has the meaning
assigned by Section 61.003, Education Code ["council"
means the interagency obesity council created by this chapter].
|
No
equivalent provision.
|
|
SECTION 40. Section 114.005,
Health and Safety Code, is amended to read as follows:
Sec. 114.005. REVIEW OF
AGENCY PROGRAMS. The institutions of higher education that receive state
money for obesity research [council] shall jointly review
the status of the programs of the Department of Agriculture, the Department
of State Health Services, and the Texas Education Agency that promote
better health and nutrition and prevent obesity among children and adults
in this state.
|
No
equivalent provision.
|
|
SECTION 41. Sections
114.007(a) and (b), Health and Safety Code, are amended to read as follows:
(a) Not later than January
15 of each even-numbered [odd-numbered] year, the
institutions of higher education performing the review under Section
114.005 [the council] shall jointly submit a report to
the governor, the lieutenant governor, and the speaker of the house of
representatives on the activities of the institutions [council]
under Section [Sections] 114.005 [and 114.006] during
the preceding two calendar years.
(b) A report submitted by
the institutions of higher education [council] under
Subsection (a) must include the following information regarding discussions
of agency programs under Section 114.005:
(1) a list of the programs
within each agency [represented on the council] that are designed to
promote better health and nutrition;
(2) an assessment of the
steps taken by each program during the preceding two calendar years;
(3) a report of the progress
made by taking these steps in reaching each program's goals;
(4) the areas of improvement
that are needed in each program; and
(5) recommendations for future
goals or legislation.
|
No
equivalent provision.
|
|
SECTION 42. Section 115.012,
Health and Safety Code, as added by Chapters 835 (S.B. 1824) and 1133 (H.B.
2196), Acts of the 81st Legislature, Regular Session, 2009, is amended to
read as follows:
Sec. 115.012. SUNSET
PROVISION. The Interagency Task Force for Children With Special Needs is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the task force is
abolished and this chapter expires September 1, 2021 [2015].
|
No
equivalent provision.
|
|
SECTION 43. Section
221.005(b), Health and Safety Code, is amended to read as follows:
(b) This chapter does not
exempt a corporation or user from compliance with Chapter [104 or]
225.
|
No
equivalent provision.
|
|
SECTION 44. Section
222.022(1), Health and Safety Code, is amended to read as follows:
(1) "Health care
facility" means a public or private hospital, skilled nursing
facility, intermediate care facility, ambulatory surgical center, family
planning clinic that performs ambulatory surgical procedures, rural or
urban health initiative clinic, end stage renal disease facility, or
inpatient rehabilitation facility. The term does not include the office of
physicians or practitioners of the healing arts practicing individually or
in groups or [has the meaning assigned by Section 104.002, except
that the term does not include] a chemical dependency treatment
facility licensed by the Department of State Health Services [Texas
Commission on Alcohol and Drug Abuse].
|
No
equivalent provision.
|
|
SECTION 45. Section
311.033(d), Health and Safety Code, is amended to read as follows:
(d) A hospital that does not
submit to the department the data required under this section is subject to
civil penalties under Section 311.0331 [104.043].
|
No
equivalent provision.
|
|
SECTION 46. Subchapter C,
Chapter 311, Health and Safety Code, is amended by adding Section 311.0331
to read as follows:
Sec. 311.0331. FAILURE TO
SUBMIT DATA; CIVIL PENALTY. (a) If the department does not receive
necessary data from a hospital as required by Section 311.033, the
department shall send to the hospital a notice requiring the hospital to
submit the data not later than the 30th day after the date on which the
hospital receives the notice.
(b) A hospital that does
not submit the data during the period determined under Subsection (a) is
subject to a civil penalty of not more than $500 for each day after the
period that hospital fails to submit the data.
(c) At the request of the
executive commissioner of the Health and Human Services Commission, the
attorney general shall sue in the name of the state to recover the civil
penalty.
|
No
equivalent provision.
|
|
SECTION 47. Section
577.016(a), Health and Safety Code, is amended to read as follows:
(a) The department may deny,
suspend, or revoke a license if the department finds that the applicant or
licensee has substantially failed to comply with:
(1) department rules;
(2) this subtitle; or
(3) Chapter [Chapters
104 and] 225.
|
No
equivalent provision.
|
|
SECTION 48. Section
1001.071, Health and Safety Code, is amended to read as follows:
Sec. 1001.071. GENERAL
POWERS AND DUTIES OF DEPARTMENT RELATED TO HEALTH CARE. The department is
responsible for administering human services programs regarding the public
health, including:
(1) implementing the state's
public health care delivery programs under the authority of the department;
(2) administering state
health facilities, hospitals, and health care systems;
(3) developing and providing
health care services, as directed by law;
(4) providing for the
prevention and control of communicable diseases;
(5) providing public
education on health-related matters, as directed by law;
(6) compiling,
collecting, and reporting health-related information, as directed by
law;
(7) acting as the lead
agency for implementation of state policies regarding the human
immunodeficiency virus and acquired immunodeficiency syndrome and
administering programs related to the human immunodeficiency virus and
acquired immunodeficiency syndrome;
(8) investigating the causes
of injuries and methods of prevention;
(9) administering a grant
program to provide appropriated money to counties, municipalities, public
health districts, and other political subdivisions for their use to provide
or pay for essential public health services;
(10) administering the
registration of vital statistics;
(11) licensing, inspecting,
and enforcing regulations regarding health facilities, other than long-term
care facilities regulated by the Department of Aging and Disability
Services;
(12) implementing
established standards and procedures for the management and control of
sanitation and for health protection measures;
(13) enforcing regulations
regarding radioactive materials;
(14) enforcing regulations
regarding food, bottled and vended drinking water, drugs, cosmetics, and
health devices;
(15) enforcing regulations
regarding food service establishments, retail food stores, mobile food
units, and roadside food vendors; and
(16) enforcing regulations
controlling hazardous substances in households and workplaces.
|
No
equivalent provision.
|
|
SECTION 49. Chapter 1001,
Health and Safety Code, is amended by adding Subchapter G to read as
follows:
SUBCHAPTER G. SUBMISSION
AND COLLECTION OF HEALTH CARE DATA
Sec. 1001.171.
DEFINITION. In this subchapter, "rural provider" means a
provider:
(1) located in a county:
(A) with a population of
35,000 or less; or
(B) with a population of
more than 35,000, that has 100 or fewer licensed hospital beds, and that is
not located in an area that is delineated as an urbanized area by the
United States Census Bureau; and
(2) that is not a
state-owned hospital or a hospital that is managed or owned, directly or
indirectly, by an individual, association, partnership, corporation, or
other legal entity that owns or manages one or more other hospitals.
Sec. 1001.172. DATA
SUBMISSION AND COLLECTION. (a) The department may collect and, except as
provided by Subsections (c) and (d), providers shall submit to the
department or another entity as determined by the department all data
required by this section. The data must be collected according to uniform
submission formats, coding systems, and other technical specifications
necessary to make the incoming data substantially valid, consistent,
compatible, and manageable using electronic data processing, if available.
(b) The executive
commissioner shall adopt rules to implement the data submission
requirements imposed by Subsection (a) in appropriate stages to allow for
the development of efficient systems for the collection and submission of
the data. A rule adopted by the executive commissioner that requires
submission of a data element that was not required to be submitted before
adoption of the rule:
(1) may not take effect
before the 90th day after the date the rule is adopted; and
(2) must take effect not
later than the first anniversary after the date the rule is adopted.
(c) A rural provider may
provide the data required by this subchapter.
(d) A hospital may
provide the data required by this subchapter if the hospital:
(1) is exempt from state
franchise, sales, ad valorem, or other state or local taxes; and
(2) does not seek or
receive reimbursement for providing health care services to patients from
any source, including:
(A) the patient or any
person legally obligated to support the patient;
(B) a third-party payor;
and
(C) Medicaid, Medicare,
or any other federal, state, or local program for indigent health care.
(e) The department may
not collect data from:
(1) an individual
physician; or
(2) except to the extent
the entity owns and operates a health care facility in this state, an
entity that is composed entirely of physicians and that is:
(A) formed under Title 7,
Business Organizations Code;
(B) a professional
association organized under the former Texas Professional Association Act
(Article 1528f, Vernon's Texas Civil Statutes) or formed under the Texas
Professional Association Law, as described by Section 1.008, Business
Organizations Code;
(C) a limited liability
partnership organized under former Section 3.08, Texas Revised Partnership
Act (Article 6132b-3.08, Vernon's Texas Civil Statutes) or described by
Subchapter J, Chapter 152, Business Organizations Code; or
(D) a limited liability
company organized under the former Texas Limited Liability Company Act
(Article 1528n, Vernon's Texas Civil Statutes) or formed under the Texas
Limited Liability Company Law, as described by Section 1.008, Business
Organizations Code.
(e-1) Subsection (e) does
not prohibit the release of data about physicians using uniform physician
identifiers collected from a health care facility under this subchapter.
(f) The department is the
single collection point for the receipt of data from providers. The
department may transfer collection of any data required to be collected by
the department under any other law to the statewide health care data
collection system.
(g) The department may
not require a provider to submit data more frequently than quarterly. A
provider may submit data more frequently than quarterly.
(h) The department shall
coordinate data collection with the data collection formats used by
federally qualified health centers. To satisfy the requirements of this
subchapter:
(1) a federally qualified
health center shall submit annually to the department a copy of the
Medicaid cost report of federally qualified health centers; and
(2) a provider receiving
federal funds under 42 U.S.C. Section 254b, 254c, or 256 shall submit annually
to the department a copy of the Bureau of Common Reporting Requirements
data report developed by the United States Public Health Service.
(i) The department shall
coordinate data collection with the data submission formats used by
hospitals and other providers. The department shall accept data in the
format developed by the American National Standards Institute or its
successors or other nationally accepted standardized forms that hospitals
and other providers use for other complementary purposes.
(j) The executive
commissioner by rule shall develop reasonable alternate data submission
procedures for providers that do not possess electronic data processing
capacity.
(k) The department shall
collect health care data elements relating to payer type, the racial and
ethnic background of patients, and the use of health care services by
consumers. The department shall prioritize data collection efforts on
inpatient and outpatient surgical and radiological procedures from
hospitals, ambulatory surgical centers, and freestanding radiology centers.
(l) To the extent
feasible, the department shall obtain from public records the information
that is available from those records.
(m) A provider of a
health benefit plan shall annually submit to the department aggregate data
by service area required by the Health Plan Employer Data and Information
Set as operated by the National Committee for Quality Assurance. The
department may approve the submission of data in accordance with other
methods generally used by the health benefit plan industry. If the Health
Plan Employer Data and Information Set does not generally apply to a health
benefit plan, the department shall require submission of data in accordance
with other methods. This subsection does not relieve a health care
facility that provides services under a health benefit plan from the
requirements of this subchapter. Information submitted under this section:
(1) is subject to Section
1001.174; and
(2) is not subject to
Section 1001.173.
Sec. 1001.173. COLLECTION
AND DISSEMINATION OF PROVIDER QUALITY DATA. (a) Subject to Section
1001.172, the department shall collect data reflecting provider quality
based on a methodology and review process established in department rules.
The methodology must identify and measure quality standards and adhere to
any federal mandates.
(b) The department shall
study and analyze initial methodologies for obtaining provider quality
data, including outcome data.
(c) Provider quality data
for reports shall be published and made available to the public, on a time
schedule the department considers appropriate.
(d) If the department
determines that provider quality data to be published under Subsection (c)
does not provide the intended result or is inaccurate or inappropriate for
dissemination, the department is not required to publish the data or
reports based in whole or in part on the data. This subsection does not
affect the release of public use data in accordance with Section 1001.174
or the release of information submitted under Section 1001.172(m).
(e) The executive
commissioner shall adopt rules allowing a provider to submit concise
written comments regarding any specific provider quality data to be
released concerning the provider. The department shall make the comments
available to the public and in an electronic form accessible through the
Internet. The comments shall be attached to any public release of provider
quality data. Providers shall submit the comments to the department to be
attached to the public release of provider quality data in the same format
as the provider quality data that is to be released.
(f) The methodology
adopted by the department for measuring quality shall include case-mix
qualifiers, severity adjustment factors, adjustments for medical education
and research, and any other factors necessary to accurately reflect
provider quality.
(g) In addition to the
requirements of this section, any release of provider quality data shall
comply with Sections 1001.174(g) and (h).
(h) A provider quality
data report may not identify an individual physician by name. A provider
quality data report must identify a physician by the uniform physician
identifier designated by the department under Section 1001.174(c).
(i) The department shall
release provider quality data in an aggregate form without uniform
physician identifiers if:
(1) the data relates to a
rural provider; or
(2) the cell size of the
data is less than the minimum size established by department rule that
would enable identification of an individual patient or physician.
Sec. 1001.174.
DISSEMINATION OF PUBLIC USE DATA AND DEPARTMENT PUBLICATIONS. (a) The
department shall promptly provide public use data and data collected in
accordance with Section 1001.172(m) to those requesting it. The public use
data does not include provider quality data prescribed by Section 1001.173
or confidential data prescribed by Section 1001.176.
(b) Subject to the
restrictions on access to department data prescribed by Sections 1001.173
and 1001.176, and using the public use data and other data, records, and
matters of record available to the department, the department shall prepare
and issue reports to the governor, the legislature, and the public as
provided by this section. The department must issue the reports at least
annually.
(c) Subject to the
restrictions on access to department data prescribed by Sections 1001.173
and 1001.176, the department shall use public use data to prepare and issue
reports that provide information relating to providers, including the
incidence rate of selected medical or surgical procedures. The reports
must provide the data in a manner that identifies individual providers,
including individual physicians, and that identifies and compares data
elements for all providers. An individual physician may not be identified
by name. An individual physician shall be identified by uniform physician
identifiers. The executive commissioner by rule shall designate the
characters to be used as uniform physician identifiers.
(d) The department shall
use public use data to prepare and issue reports that provide information
for review and analysis by the commission relating to services that are
provided:
(1) in a niche hospital,
as that term is defined by Section 105.002, Occupations Code; and
(2) by a physician with
an ownership interest in the niche hospital.
(e) Subsection (d) does
not apply to an ownership interest in publicly available shares of a
registered investment company, including a mutual fund, that owns publicly
traded equity securities or debt obligations issued by a niche hospital or
an entity that owns a niche hospital.
(f) The department shall
adopt procedures to establish the accuracy and consistency of the public
use data before releasing the public use data to the public.
(g) If public use data is
requested from the department about a specific provider, the department
shall notify the provider about the release of the data. A provider may
not interfere with the release of the data.
(h) A report issued by
the department shall include a reasonable review and comment period for the
affected providers before public release of the report.
(i) The executive
commissioner shall adopt rules allowing a provider to submit concise
written comments regarding any specific public use data to be released
concerning the provider. The department shall make the comments available
to the public and in an electronic form accessible through the Internet.
The comments shall be attached to any public release of the public use
data. A provider shall submit the comments to the department to be
attached to the public release of public use data in the same format as the
public use data that is to be released.
(j) Electronic media
containing public use data and provider quality reports that is released to
the public must include general consumer education material, including an
explanation of the benefits and limitations of the information provided in
the public use data and provider quality reports.
(k) The department shall
release public use data in an aggregate form without uniform physician
identifiers if:
(1) the data relates to a
rural provider; or
(2) the cell size of the
data is less than the minimum size established by department rule that
would enable identification of an individual patient or physician.
Sec. 1001.175. COMPUTER
ACCESS TO DATA. (a) The department shall provide for computer-to-computer
access to the public use data. A report must maintain patient
confidentiality as provided by Section 1001.176.
(b) The department may
charge a person requesting public use or provider quality data a fee for
the data. The fee:
(1) may reflect the
quantity of information provided and the expense incurred by the department
in collecting and providing the data; and
(2) must be set at a
level that will raise revenue sufficient for the department's operations
under this subchapter.
(c) The department may
not charge a fee for providing public use data to a state agency.
Sec. 1001.176.
CONFIDENTIALITY AND GENERAL ACCESS TO DATA. (a) The department and
commission shall use data received by the department under this subchapter
for the benefit of the public. Subject to specific limitations established
by this subchapter and executive commissioner rule, the department shall
make determinations on requests for information in favor of access.
(b) The executive
commissioner by rule shall designate the characters to be used as uniform
patient identifiers. The basis for assignment of the characters and the
manner in which the characters are assigned are confidential.
(c) Unless specifically
authorized by this subchapter, the department may not release and a person
may not gain access to any data obtained under this subchapter that:
(1) could reasonably be
expected to reveal the identity of a patient;
(2) could reasonably be
expected to reveal the identity of a physician;
(3) discloses a provider
discount or a differential between payments and billed charges;
(4) relates to actual
payments to an identified provider made by a payer; or
(5) is submitted to the
department in a uniform submission format that is not included in the
public use data set established, except in accordance with Section
1001.177.
(d) Except as provided by
this section, all data collected and used by the department under this
subchapter is subject to the confidentiality provisions and criminal
penalties of:
(1) Section 81.103;
(2) Section 311.037; and
(3) Section 159.002,
Occupations Code.
(e) Data on patients and
compilations produced from the data collected that identifies a patient is
not:
(1) subject to discovery,
subpoena, or any other means of legal compulsion for release to any person
or entity except as provided by this section; or
(2) admissible in any
civil, administrative, or criminal proceeding.
(f) Data on physicians
and compilations produced from the data collected that identifies a
physician is not:
(1) subject to discovery,
subpoena, or any other means of legal compulsion for release to any person
or entity except as provided by this section; or
(2) admissible in any
civil, administrative, or criminal proceeding.
(g) Unless specifically
authorized by this subchapter, the department may not release data elements
in a manner that will reveal the identity of a patient or a physician.
(h) Subsections (c) and
(g) do not prohibit the release of a uniform physician identifier in
conjunction with:
(1) a provider quality
report in accordance with Section 1001.173; or
(2) associated public use
data in accordance with Section 1001.174.
(i) Notwithstanding any
other law and except as provided by this section, the department may
provide information made confidential by this section to the commission or
a health and human services agency as defined by Section 531.001,
Government Code, provided that the receiving agency has appropriate
controls in place to ensure the confidentiality of any personal information
contained in the information shared by the department under this subsection
is subject to the limits of further disclosure described by Subsection (f).
(j) The executive
commissioner by rule shall develop and implement a mechanism to comply with
Subsections (c)(1) and (2).
(k) The department may
disclose data collected under this subchapter that is not included in
public use data to any department or commission program if the disclosure
is reviewed and approved by the institutional review board under Section
1001.177.
(l) Confidential data
collected under this subchapter that is disclosed to a department or
commission program remains subject to the confidentiality provisions of
this subchapter and other applicable law. The department shall identify
the confidential data that is disclosed to a program under Subsection (k).
The program shall maintain the confidentiality of the disclosed
confidential data.
(m) The following
provisions do not apply to the disclosure of data to a department or
commission program:
(1) Section 81.103;
(2) Sections 1001.173(g)
and (h);
(3) Sections 1001.174(g)
and (h);
(4) Section 311.037; and
(5) Section 159.002, Occupations
Code.
(n) Nothing in this
section authorizes the disclosure of physician identifying data.
Sec. 1001.177.
INSTITUTIONAL REVIEW BOARD. (a) The department shall establish an
institutional review board to review and approve requests for access to data
not contained in public use data.
(b) The members of the
institutional review board must have experience and expertise in ethics,
patient confidentiality, and health care data.
(c) To assist the
institutional review board in determining whether to approve a request for
information, the executive commissioner shall adopt rules similar to the
federal Centers for Medicare and Medicaid Services' guidelines on releasing
data.
(d) A request for
information, other than public use data, must be made on the form
prescribed by the department.
(e) Any approval to
release information under this section must require that the
confidentiality provisions of this subchapter be maintained and that any
subsequent use of the information conform to the confidentiality provisions
of this subchapter.
Sec. 1001.1775. LIST OF
PURCHASERS OR RECIPIENTS OF DATA. The department shall post on the
department's Internet website a list of each entity that purchases or
receives data collected under this subchapter.
Sec. 1001.178. CIVIL
PENALTY. (a) A person who knowingly or negligently releases data in
violation of this subchapter is liable for a civil penalty of not more than
$10,000.
(b) A person who fails to
supply available data under Sections 1001.172 and 1001.173 is liable for a
civil penalty of not less than $1,000 or more than $10,000 for each
violation.
(c) If requested by the
department, the attorney general shall enforce this subchapter.
(d) The venue of an
action brought under this section is in Travis County.
(e) A civil penalty
recovered in a suit instituted by the attorney general under this
subchapter shall be deposited in the general revenue fund to the credit of
the health care information account.
Sec. 1001.179. CRIMINAL
PENALTY. (a) A person commits an offense if the person:
(1) knowingly accesses
data in violation of this subchapter; or
(2) releases data, with
criminal negligence, in violation of this subchapter.
(b) An offense under this
section is a state jail felony.
Sec. 1001.180. RULES.
The executive commissioner may adopt rules as necessary to implement this
subchapter, including rules that:
(1) prescribe a process
for providers to submit data consistent with Section 1001.172; and
(2) adopt and implement a
methodology to collect and disseminate data reflecting provider quality in
accordance with Section 1001.173.
|
No
equivalent provision.
|
|
SECTION 50. Section
56.3075(a), Education Code, is amended to read as follows:
(a) If the money available
for TEXAS grants in a period for which grants are awarded is sufficient to
provide grants to all eligible applicants in amounts specified by Section
56.307, the coordinating board may use any excess money available for TEXAS
grants to award a grant in an amount not more than three times the amount
that may be awarded under Section 56.307 to a student who:
(1) is enrolled in a program
that fulfills the educational requirements for licensure or certification
by the state in a health care profession that the coordinating board, in
consultation with the Texas Workforce Commission and the Department of
State Health Services [statewide health coordinating council],
has identified as having a critical shortage in the number of license
holders needed in this state;
(2) has completed at least
one-half of the work toward a degree or certificate that fulfills the
educational requirement for licensure or certification; and
(3) meets all the
requirements to receive a grant award under Section 56.307.
|
No
equivalent provision.
|
|
SECTION 51. Section
56.4075(a), Education Code, is amended to read as follows:
(a) The coordinating board
may award a grant in an amount not more than three times the amount that
may be awarded under Section 56.407 to a student who:
(1) is enrolled in a program
that fulfills the educational requirements for licensure or certification
by the state in a health care profession that the coordinating board, in
consultation with the Texas Workforce Commission and the Department of
State Health Services [statewide health coordinating council],
has identified as having a critical shortage in the number of license
holders needed in this state;
(2) has completed at least
one-half of the work toward a degree or certificate that fulfills the
educational requirement for licensure or certification; and
(3) meets all the
requirements to receive a grant award under Section 56.407.
|
No
equivalent provision.
|
|
SECTION 52. Section
501.253(a), Insurance Code, is amended to read as follows:
(a) The office is entitled
to information that is confidential under a law of this state, including
Section 843.006 of this code, Subchapter G, Chapter 1001 [108],
Health and Safety Code, and Chapter 552, Government Code.
|
No
equivalent provision.
|
|
SECTION 53. Section
301.157(h), Occupations Code, is amended to read as follows:
(h) The board, in
collaboration with the nursing educators, the Texas Higher Education
Coordinating Board, and the Department of State Health Services [Texas
Health Care Policy Council], shall implement, monitor, and evaluate a
plan for the creation of innovative nursing education models that promote
increased enrollment in this state's nursing programs.
|
No
equivalent provision.
|
|
SECTION 54. (a) The
following laws are repealed:
(1) Chapter 104, Health and
Safety Code;
(2) Chapter 108, Health and
Safety Code; and
(3) Sections 114.002,
114.003, 114.004, 114.006, 114.007(c), and 114.008, Health and Safety Code.
(b) Effective September 1,
2014, the following laws are repealed:
(1) Section 1001.171, Health
and Safety Code, as added by this Act; and
(2) Section 1001.172(c),
Health and Safety Code, as added by this Act.
|
No
equivalent provision.
|
|
SECTION 55. On September 1,
2013:
(1) the statewide health
coordinating council is abolished;
(2) all property in the
custody of the statewide health coordinating council is transferred to the
Department of State Health Services; and
(3) all contracts, leases,
rights, and obligations of the statewide health coordinating council are
transferred to the Department of State Health Services.
|
No
equivalent provision.
|
|
SECTION 56. On September 1,
2013:
(1) the Interagency Obesity
Council is abolished;
(2) all property in the
custody of the Interagency Obesity Council is transferred to the Department
of State Health Services; and
(3) all contracts, leases,
rights, and obligations of the Interagency Obesity Council are transferred
to the Department of State Health Services.
|
No
equivalent provision.
|
|
No
equivalent provision.
|
SECTION 1. (a) Chapters 38,
46, 83, 86, 90, 91, and 112, Health and Safety Code, are repealed.
(b) Section 533.005(a-1),
Government Code, is repealed.
|
|
No
equivalent provision.
|
SECTION 2. (a) On September
1, 2013, the programs and system established under Chapters 38, 46, 83, 86,
90, and 91, Health and Safety Code, as the laws existed immediately before
the effective date of this Act, are abolished.
(b) On September 1, 2013,
any money remaining in the tertiary care account is transferred to the
general revenue fund and the account is abolished.
(c) The repeal of Chapter
83, Health and Safety Code, by this Act does not affect a cause of action
that accrued before the effective date of this Act. A cause of action that
accrued before the effective date of this Act is governed by the law in
effect immediately before that date, and the former law is continued in
effect for that purpose.
|
|
No
equivalent provision.
|
SECTION 3. On September 1,
2013:
(1) the advisory council
established under Section 86.003, Health and Safety Code, as the law
existed immediately before the effective date of this Act, is abolished;
(2) all property in the
custody of the advisory council is transferred to the Department of State
Health Services; and
(3) all contracts, leases,
rights, and obligations of the advisory council are transferred to the
Department of State Health Services.
|
|
No
equivalent provision.
|
SECTION 4. On September 1,
2013:
(1) the advisory committee
established under Section 86.012, Health and Safety Code, as the law
existed immediately before the effective date of this Act, is abolished;
(2) all property in the
custody of the advisory committee is transferred to the Department of State
Health Services; and
(3) all contracts, leases,
rights, and obligations of the advisory committee are transferred to the
Department of State Health Services.
|
|
No
equivalent provision.
|
SECTION 5. On September 1,
2013:
(1) the advisory council
established under Section 86.103, Health and Safety Code, as the law
existed immediately before the effective date of this Act, is abolished;
(2) all property in the
custody of the advisory council is transferred to the Department of State
Health Services; and
(3) all contracts, leases,
rights, and obligations of the advisory council are transferred to the
Department of State Health Services.
|
|
No
equivalent provision.
|
SECTION 6. On September 1,
2013:
(1) the Border Health
Foundation is abolished;
(2) all property in the
custody of the foundation is transferred to the Department of State Health
Services; and
(3) all contracts, leases,
rights, and obligations of the foundation are transferred to the Department
of State Health Services.
|
|
SECTION 57. Except as
otherwise provided by this Act, this Act takes effect September 1, 2013.
|
SECTION 7. This Act takes
effect September 1, 2013.
|
|