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