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  85S10895 JG-D
 
  By: Davis of Harris H.B. No. 328
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to emergency health care services and trauma care systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 773, Health and Safety
  Code, is amended by adding Section 773.026 to read as follows:
         Sec. 773.026.  EMERGENCY HEALTH CARE SERVICES COORDINATION
  PLAN. (a) The administrative cooperatives designated under
  Section 773.125, in consultation with each trauma service area
  regional advisory council and the advisory council established by
  Section 773.012, shall collectively develop a written 25-year plan
  for coordinating emergency health care services throughout this
  state.
         (b)  The emergency health care services coordination plan
  must include strategies to provide services for:
               (1)  trauma care;
               (2)  stroke care;
               (3)  cardiac care;
               (4)  neonatal care;
               (5)  maternal care;
               (6)  mental health crisis care;
               (7)  emergency medical services coordination; and
               (8)  any other area of care provided under the
  authority of a trauma service area regional advisory council.
         (c)  The administrative cooperatives and advisory councils
  shall develop and submit the emergency health care services
  coordination plan to the department not later than September 1,
  2021.  This subsection expires September 1, 2022.
         SECTION 2.  Section 773.112, Health and Safety Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The executive commissioner, in consultation with the
  department, shall conduct a comprehensive review of the rules
  adopted under this section every seven years.
         SECTION 3.  Subchapter E, Chapter 773, Health and Safety
  Code, is amended by adding Sections 773.125, 773.126, 773.127, and
  773.128 to read as follows:
         Sec. 773.125.  ADMINISTRATIVE COOPERATIVES: DESIGNATION.
  (a) The department shall designate eight or more administrative
  cooperatives to provide administrative functions for each trauma
  service area regional advisory council located in the public health
  region served by the cooperative.  When designating the
  administrative cooperative for a public health region, the
  department shall consider:
               (1)  any local support for an administrative
  cooperative applicant within the public health region; and
               (2)  the geographic area of and number of individuals
  served by each trauma service area regional advisory council
  located in the public health region.
         (b)  A trauma service area regional advisory council may
  apply to the department in accordance with department rules to be
  designated as an administrative cooperative for other trauma
  service area regional advisory councils in the public health
  region.
         (c)  An applicant must demonstrate the applicant has the
  personnel, knowledge, skills, and resources necessary to provide
  the administrative functions for each trauma service area regional
  advisory council in the applicant's public health region.
         (c-1)  An applicant must submit an initial application under
  Subsection (b) not later than December 1, 2018.  The department
  shall designate qualified applicants to serve as administrative
  cooperatives not later than December 1, 2019.  An applicant
  designated to serve as an administrative cooperative under this
  subsection shall carry out the duties imposed by Section 773.126 as
  soon as practicable after the selection and not later than December
  1, 2020.  This subsection expires September 1, 2021.
         (d)  If a trauma service area regional advisory council
  eligible to serve as an administrative cooperative under this
  section has not applied for the designation in a public health
  region, the department shall designate the trauma service area
  regional advisory council with the most appropriate qualifications
  in the public health region to serve as the administrative
  cooperative for that region.
         Sec. 773.126.  ADMINISTRATIVE COOPERATIVES: DUTIES. (a)
  Except as provided by Section 773.128, an administrative
  cooperative shall perform all administrative functions, including
  contract management, grant application management, employee
  benefit management, human resource management, and payroll, for
  each trauma service area regional advisory council under the
  cooperative's jurisdiction. Administrative functions do not
  include program activities or activity coordination performed by a
  trauma service area regional advisory council under the
  administrative cooperative's jurisdiction.
         (b)  The department shall directly contract with an
  administrative cooperative for administrative duties provided by
  the cooperative as required by this section.
         (c)  An administrative cooperative shall administer and
  distribute funds to each trauma service area regional advisory
  council under the cooperative's jurisdiction in accordance with
  department rules. In adopting rules under this subsection, the
  executive commissioner shall require an administrative cooperative
  to distribute funds according to a trauma service area regional
  advisory council's population, annual number of trauma care runs,
  geographic size, and annual number of deaths.
         (d)  An administrative cooperative shall enter into a
  centralized purchasing agreement with the trauma service area
  regional advisory councils under the cooperative's jurisdiction
  and other cooperatives to consolidate purchases for the trauma
  service area regional advisory councils as appropriate.
         (e)  An administrative cooperative shall submit to the
  department in the manner required by the department an annual
  report on the amount of money spent by the administrative
  cooperative in providing consolidated administrative services for
  the trauma service area regional advisory councils under the
  cooperative's jurisdiction compared to the amount of money that
  would have been spent if each trauma service area regional advisory
  council had provided its own administrative services.
         Sec. 773.127.  ADMINISTRATIVE COOPERATIVES: TRANSFER OF
  TRAUMA SERVICE AREA REGIONAL ADVISORY COUNCILS. (a) A trauma
  service area regional advisory council may apply to the department
  in accordance with department rules for a transfer from the
  jurisdiction of the trauma service area regional advisory council's
  administrative cooperative to the jurisdiction of another
  administrative cooperative willing and capable of providing
  administrative services for the trauma service area regional
  advisory council in a more cost-effective manner than the current
  administrative cooperative's provision of the services.
         (b)  The executive commissioner shall develop criteria for
  determining whether an administrative cooperative has the
  personnel, knowledge, skills, and resources necessary to provide
  administrative services in a more cost-effective manner for a
  trauma service area regional advisory council applying for a
  transfer to that administrative cooperative's jurisdiction under
  this section.
         Sec. 773.128.  ADMINISTRATIVE COOPERATIVES: REQUEST BY
  TRAUMA SERVICE AREA REGIONAL ADVISORY COUNCIL TO RETAIN CERTAIN
  ADMINISTRATIVE FUNCTIONS. (a) A trauma service area regional
  advisory council may file a written request with the department to
  retain an administrative function delegated to an administrative
  cooperative. The request must include evidence the trauma service
  area regional advisory council has the personnel, knowledge,
  skills, and resources necessary to perform the administrative
  function in a more cost-effective manner than the current
  administrative cooperative's performance of the function.
         (b)  The department shall grant a request that includes
  sufficient evidence for the department to determine the trauma
  service area regional advisory council has the personnel,
  knowledge, skills, and resources required by this section and shall
  notify the administrative cooperative of the department's
  decision.
         SECTION 4.  The executive commissioner of the Health and
  Human Services Commission shall adopt all rules necessary to
  implement the change in law made by this Act not later than May 1,
  2018.
         SECTION 5.  The change in law made by this Act applies only
  to a contract executed on or after the effective date of this Act. A
  contract executed before the effective date of this Act is governed
  by the law applicable to the contract immediately before the
  effective date of this Act, and that law is continued in effect for
  that purpose.
         SECTION 6.  This Act takes effect December 1, 2017.