ANALYSIS
C.S.H.B. 1148 requires DSHS to
designate the trauma service area regional advisory council with the most
appropriate qualifications in a public health region to serve as the
administrative cooperative for that region if an eligible trauma service area
regional advisory council has not applied for the designation in that region.
The bill requires an administrative cooperative to 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
and specifies that 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. The bill requires
DSHS to directly contract with an administrative cooperative for the required
administrative duties provided by the cooperative. The bill requires an
administrative cooperative to administer and distribute funds to each trauma
service area regional advisory council under the cooperative's jurisdiction
in accordance with DSHS rules and requires the executive commissioner of the
Health and Human Services Commission in adopting those rules to require that
an administrative cooperative 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. The bill requires an
administrative cooperative to 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 and to submit to DSHS
in the manner required by DSHS 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.
C.S.H.B. 1148 authorizes a
trauma service area regional advisory council to apply to DSHS in accordance
with DSHS 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 that is 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 is able to provide the services. The bill requires
the executive commissioner to 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. The
bill authorizes a trauma service area regional advisory council to file a
written request with DSHS to retain an administrative function that has been
delegated to an administrative cooperative and requires the request to
include evidence that 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 function is being performed by the
administrative cooperative. The bill requires DSHS to grant a request that
includes sufficient evidence for DSHS to determine that the trauma service
area regional advisory council has the required personnel, knowledge, skills,
and resources and to notify the administrative cooperative of that decision.
C.S.H.B. 1148 requires the administrative
cooperatives, in consultation with each trauma service area regional advisory
council and the DSHS advisory council established to advise DSHS regarding
matters related to emergency health care services, to collectively develop a
written 25-year plan for coordinating emergency health care services
throughout Texas that includes strategies to provide services for certain specified
areas of care and emergency medical services coordination. The bill adds a
temporary provision set to expire September 1, 2022, to require the
administrative cooperatives and advisory councils to develop and submit the
plan to DSHS not later than September 1, 2021.
C.S.H.B. 1148 requires the executive
commissioner in consultation with DSHS to conduct every seven years a
comprehensive review of the rules regarding the minimum standards and
objectives for emergency medical services and trauma care systems. The bill
requires the executive commissioner to adopt all rules necessary to implement
the change in law made by the bill not later than January 1, 2018.
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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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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
MEDICAL SERVICES COORDINATION PLAN. (a) The administrative hubs 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 medical services throughout this state.
(b) The emergency medical services coordination plan must
include strategies to provide services for:
(1) stroke;
(2) ST-elevation myocardial infarction;
(3) neonatal care;
(4) maternal care;
(5) mental health care;
and
(6) any other area of
care provided under the authority of a trauma service area regional
advisory council.
(c) The administrative hubs shall develop and submit the
emergency medical services
coordination plan to the department not later than September 1, 2021. This
subsection expires September 1, 2022.
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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.
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SECTION 2. Section 773.112,
Health and Safety Code, is amended.
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SECTION 2. Same as introduced
version.
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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 HUBS: DESIGNATION. (a) The department shall designate
eight administrative hubs to
provide administrative functions for each trauma service area regional
advisory council located in the public health region served by the hub.
(b) A health care entity, including a
trauma service area regional advisory council,
in a public health region may apply to the department in accordance
with department rules to be designated as an administrative hub for the 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 September
1, 2018. The department shall designate a qualified applicant to serve as
the administrative hub not later
than September 1, 2019. An applicant designated to serve as an
administrative hub under this
subsection shall carry out the duties imposed by Section 773.126 as soon as
practicable after the selection and not later than September 1, 2020. This
subsection expires September 1, 2021.
(d) If a health care entity eligible to serve as
an administrative hub under this
section has not applied for the designation in a public health region, the
department shall designate the health
care entity with the most appropriate qualifications in the public
health region to serve as the administrative hub
for that region.
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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.
(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 September
1, 2018. The department shall designate a qualified applicant to serve as
the administrative cooperative
not later than September 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 September 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.
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Sec. 773.126.
ADMINISTRATIVE HUBS: DUTIES. (a) Except as provided by Section 773.128,
an administrative hub shall
perform all administrative functions, including contract management, grant
application management, and payroll, for each trauma service area regional
advisory council under the hub's
jurisdiction.
(b) The department shall
directly contract with an administrative hub
for administrative duties provided by the hub
as required by this section.
(c) An administrative hub shall administer and distribute
funds to each trauma service area regional advisory council under the hub's jurisdiction in accordance with
department rules. In adopting rules under this subsection, the executive
commissioner shall require that an administrative hub 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 hub shall enter into a centralized
purchasing agreement with the trauma service area regional advisory
councils under the hub's jurisdiction
to consolidate purchases for the trauma service area regional advisory
councils as appropriate.
(e) An administrative hub shall submit to the department in
the manner required by the department an annual report on the amount of
money spent by the administrative hub
in providing consolidated administrative services for the trauma service
area regional advisory councils under the hub'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.
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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 that an
administrative cooperative
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.
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Sec. 773.127.
ADMINISTRATIVE HUBS: 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 hub to the
jurisdiction of an administrative hub in
an adjacent public health region.
(b) The executive
commissioner shall develop criteria for determining whether an
administrative hub has the
personnel, knowledge, skills, and resources necessary to provide
administrative support for a
trauma service area regional advisory council applying for a transfer to
that administrative hub's
jurisdiction under this subsection.
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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
that is 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 is able to provide 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.
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Sec. 773.128.
ADMINISTRATIVE HUBS: 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 that has been delegated to
an administrative hub. The
request must include evidence that 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 function is being performed by the administrative hub.
(b) The department shall
grant the request and notify the administrative hub of the department's decision if the request includes
sufficient evidence for the department to determine whether the trauma
service area regional advisory council has the personnel, knowledge,
skills, and resources required by this section.
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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 that has been delegated to
an administrative cooperative.
The request must include evidence that 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 function is being performed by the administrative cooperative.
(b) The department shall grant
a request that includes sufficient evidence for the department to determine
that 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.
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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 January 1,
2018.
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SECTION 4. Same as introduced
version.
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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.
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SECTION 5. Same as introduced
version.
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SECTION 6. This Act takes
effect September 1, 2017.
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SECTION 6. Same as introduced
version.
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