S.B. No. 1326
AN ACT
relating to the functions of the statewide health coordinating
council; providing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (a), Section 104.001, Health and
Safety Code, is amended to read as follows:
(a) The policy of this state and the purpose of this chapter
are to[:
[(1)] ensure that health care services and facilities
are available to all citizens in an orderly and economical manner[;
and
[(2) meet the requirements of applicable federal law].
SECTION 2. Section 104.002, Health and Safety Code, is
amended to read as follows:
Sec. 104.002. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Commissioner" means the commissioner of the
Department of State Health Services.
(3) "Department" means the Department of State Health
Services.
(4) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Health[, "health] care facility" means a public
or private hospital, skilled nursing facility, intermediate care
facility, ambulatory surgical center [facility], family planning
clinic that performs ambulatory surgical procedures, rural or urban
health initiative clinic, end stage renal disease facility [kidney
disease treatment facility], and inpatient rehabilitation
facility[, and any other facility designated a health care facility
by federal law]. The term does not include the office of physicians
or practitioners of the healing arts practicing individually or in
groups.
SECTION 3. Subsection (a), Section 104.011, Health and
Safety Code, is amended to read as follows:
(a) The statewide health coordinating council is composed
of 17 members determined as follows:
(1) the executive commissioner [of health and human
services] or a representative designated by the executive
commissioner;
(2) the chair [presiding officer] of the Texas Higher
Education Coordinating Board or a representative designated by the
presiding officer;
(3) the commissioner [presiding officer of the
department] or a representative designated by the commissioner
[presiding officer];
(4) the presiding officer of the [Texas] Department of
Aging and Disability Services [Mental Health and Mental
Retardation] or a representative designated by the presiding
officer; and
(5) the following members appointed by the governor:
(A) three health care professionals from the
allied health, dental, medical, mental health, and pharmacy
professions, no two of whom may be from the same profession;
(B) one registered nurse;
(C) two representatives of a university or
health-related institution of higher education;
(D) one representative of a junior or community
college with a nursing program;
(E) one hospital administrator;
(F) one managed care administrator; and
(G) four public members.
SECTION 4. Section 104.015, Health and Safety Code, is
amended to read as follows:
Sec. 104.015. ADVISORY BOARDS AND AD HOC COMMITTEES. The
statewide health coordinating council may form advisory boards or
ad hoc committees composed of individuals [health care experts]
from the public and private sectors to review policy matters
related to the council's purpose.
SECTION 5. Subsection (a), Section 104.0155, Health and
Safety Code, is amended to read as follows:
(a) The statewide health coordinating council shall form a
nursing advisory committee the majority of the members of which
must be nurses. The committee:
(1) must include:
(A) members of associations that represent
nurses, educators of nurses, and employers of nurses;
(B) members who represent the Texas Board of
Nursing [nurse licensing boards]; and
(C) a nurse researcher; and
(2) may include other members who are health care
experts from the public or private sector, nurses, nurse educators,
employers of nurses, or consumers of nursing services.
SECTION 6. Subsections (b) and (c), Section 104.022, Health
and Safety Code, are amended to read as follows:
(b) The statewide health coordinating council, in
consultation with the commission [Health and Human Services
Commission], shall issue overall directives for the development of
the state health plan.
(c) The department shall consult with the [Texas]
Department of Aging and Disability Services [Mental Health and
Mental Retardation], the commission [Texas Department of Human
Services], and other appropriate health-related state agencies
designated by the governor before performing the duties and
functions prescribed by state and federal law regarding the
development of the state health plan.
SECTION 7. Subsections (a) and (b), Section 104.042, Health
and Safety Code, are amended to read as follows:
(a) The executive commissioner [board] by rule shall
establish reasonable procedures for the collection of data by the
department from health care facilities and for the distribution of
data necessary to facilitate and expedite proper and effective
health planning and resource development.
(b) The executive commissioner [board] by rule shall
specify the type of data required, the entities required to submit
the data, and the period during which the data must be submitted.
SECTION 8. Subsection (f), Section 104.0421, Health and
Safety Code, is amended to read as follows:
(f) The department shall continue to assist the council and
the health professions resource center with the development of the
state health plan. The council shall coordinate related health
planning functions within the department. The staff of the health
professions resource center shall continue to be department
employees but are governed by the council. [The staff of the Bureau
of State Health Data and Policy Analysis that previously assisted
the council shall continue to assist the council.]
SECTION 9. Subsections (a) and (c), Section 104.043, Health
and Safety Code, are amended to read as follows:
(a) If the department does not receive necessary data from
an entity as required by the executive commissioner's [board]
rules, the department shall send to the entity a notice requiring
the entity to submit the data not later than the 30th day after the
date on which the entity receives the notice.
(c) At the request of the executive commissioner, the
attorney general shall sue in the name of the state to recover the
civil penalty.
SECTION 10. Section 105.005, Health and Safety Code, is
amended to read as follows:
Sec. 105.005. RULES. The executive commissioner of the
Health and Human Services Commission [board] may adopt rules to
govern the reporting and collection of data.
SECTION 11. Section 311.033, Health and Safety Code, is
amended by adding Subsection (d) 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 104.043.
SECTION 12. Sections 104.003 and 104.041, Health and Safety
Code, are repealed.
SECTION 13. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1326 passed the Senate on
April 30, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1326 passed the House on
May 27, 2009, by the following vote: Yeas 148, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor