Texas 2009 - 81st Regular

Texas Senate Bill SB1326 Compare Versions

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1	1	S.B. No. 1326
2	2
3	3
4	4	AN ACT
5	5	relating to the functions of the statewide health coordinating
6	6	council; providing civil penalties.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subsection (a), Section 104.001, Health and
9	9	Safety Code, is amended to read as follows:
10	10	(a) The policy of this state and the purpose of this chapter
11	11	are to[:
12	12	[(1)] ensure that health care services and facilities
13	13	are available to all citizens in an orderly and economical manner[;
14	14	and
15	15	[(2) meet the requirements of applicable federal law].
16	16	SECTION 2. Section 104.002, Health and Safety Code, is
17	17	amended to read as follows:
18	18	Sec. 104.002. DEFINITIONS [DEFINITION]. In this chapter:
19	19	(1) "Commission" means the Health and Human Services
20	20	Commission.
21	21	(2) "Commissioner" means the commissioner of the
22	22	Department of State Health Services.
23	23	(3) "Department" means the Department of State Health
24	24	Services.
25	25	(4) "Executive commissioner" means the executive
26	26	commissioner of the Health and Human Services Commission.
27	27	(5) "Health[, "health] care facility" means a public
28	28	or private hospital, skilled nursing facility, intermediate care
29	29	facility, ambulatory surgical center [facility], family planning
30	30	clinic that performs ambulatory surgical procedures, rural or urban
31	31	health initiative clinic, end stage renal disease facility [kidney
32	32	disease treatment facility], and inpatient rehabilitation
33	33	facility[, and any other facility designated a health care facility
34	34	by federal law]. The term does not include the office of physicians
35	35	or practitioners of the healing arts practicing individually or in
36	36	groups.
37	37	SECTION 3. Subsection (a), Section 104.011, Health and
38	38	Safety Code, is amended to read as follows:
39	39	(a) The statewide health coordinating council is composed
40	40	of 17 members determined as follows:
41	41	(1) the executive commissioner [of health and human
42	42	services] or a representative designated by the executive
43	43	commissioner;
44	44	(2) the chair [presiding officer] of the Texas Higher
45	45	Education Coordinating Board or a representative designated by the
46	46	presiding officer;
47	47	(3) the commissioner [presiding officer of the
48	48	department] or a representative designated by the commissioner
49	49	[presiding officer];
50	50	(4) the presiding officer of the [Texas] Department of
51	51	Aging and Disability Services [Mental Health and Mental
52	52	Retardation] or a representative designated by the presiding
53	53	officer; and
54	54	(5) the following members appointed by the governor:
55	55	(A) three health care professionals from the
56	56	allied health, dental, medical, mental health, and pharmacy
57	57	professions, no two of whom may be from the same profession;
58	58	(B) one registered nurse;
59	59	(C) two representatives of a university or
60	60	health-related institution of higher education;
61	61	(D) one representative of a junior or community
62	62	college with a nursing program;
63	63	(E) one hospital administrator;
64	64	(F) one managed care administrator; and
65	65	(G) four public members.
66	66	SECTION 4. Section 104.015, Health and Safety Code, is
67	67	amended to read as follows:
68	68	Sec. 104.015. ADVISORY BOARDS AND AD HOC COMMITTEES. The
69	69	statewide health coordinating council may form advisory boards or
70	70	ad hoc committees composed of individuals [health care experts]
71	71	from the public and private sectors to review policy matters
72	72	related to the council's purpose.
73	73	SECTION 5. Subsection (a), Section 104.0155, Health and
74	74	Safety Code, is amended to read as follows:
75	75	(a) The statewide health coordinating council shall form a
76	76	nursing advisory committee the majority of the members of which
77	77	must be nurses. The committee:
78	78	(1) must include:
79	79	(A) members of associations that represent
80	80	nurses, educators of nurses, and employers of nurses;
81	81	(B) members who represent the Texas Board of
82	82	Nursing [nurse licensing boards]; and
83	83	(C) a nurse researcher; and
84	84	(2) may include other members who are health care
85	85	experts from the public or private sector, nurses, nurse educators,
86	86	employers of nurses, or consumers of nursing services.
87	87	SECTION 6. Subsections (b) and (c), Section 104.022, Health
88	88	and Safety Code, are amended to read as follows:
89	89	(b) The statewide health coordinating council, in
90	90	consultation with the commission [Health and Human Services
91	91	Commission], shall issue overall directives for the development of
92	92	the state health plan.
93	93	(c) The department shall consult with the [Texas]
94	94	Department of Aging and Disability Services [Mental Health and
95	95	Mental Retardation], the commission [Texas Department of Human
96	96	Services], and other appropriate health-related state agencies
97	97	designated by the governor before performing the duties and
98	98	functions prescribed by state and federal law regarding the
99	99	development of the state health plan.
100	100	SECTION 7. Subsections (a) and (b), Section 104.042, Health
101	101	and Safety Code, are amended to read as follows:
102	102	(a) The executive commissioner [board] by rule shall
103	103	establish reasonable procedures for the collection of data by the
104	104	department from health care facilities and for the distribution of
105	105	data necessary to facilitate and expedite proper and effective
106	106	health planning and resource development.
107	107	(b) The executive commissioner [board] by rule shall
108	108	specify the type of data required, the entities required to submit
109	109	the data, and the period during which the data must be submitted.
110	110	SECTION 8. Subsection (f), Section 104.0421, Health and
111	111	Safety Code, is amended to read as follows:
112	112	(f) The department shall continue to assist the council and
113	113	the health professions resource center with the development of the
114	114	state health plan. The council shall coordinate related health
115	115	planning functions within the department. The staff of the health
116	116	professions resource center shall continue to be department
117	117	employees but are governed by the council. [The staff of the Bureau
118	118	of State Health Data and Policy Analysis that previously assisted
119	119	the council shall continue to assist the council.]
120	120	SECTION 9. Subsections (a) and (c), Section 104.043, Health
121	121	and Safety Code, are amended to read as follows:
122	122	(a) If the department does not receive necessary data from
123	123	an entity as required by the executive commissioner's [board]
124	124	rules, the department shall send to the entity a notice requiring
125	125	the entity to submit the data not later than the 30th day after the
126	126	date on which the entity receives the notice.
127	127	(c) At the request of the executive commissioner, the
128	128	attorney general shall sue in the name of the state to recover the
129	129	civil penalty.
130	130	SECTION 10. Section 105.005, Health and Safety Code, is
131	131	amended to read as follows:
132	132	Sec. 105.005. RULES. The executive commissioner of the
133	133	Health and Human Services Commission [board] may adopt rules to
134	134	govern the reporting and collection of data.
135	135	SECTION 11. Section 311.033, Health and Safety Code, is
136	136	amended by adding Subsection (d) to read as follows:
137	137	(d) A hospital that does not submit to the department the
138	138	data required under this section is subject to civil penalties
139	139	under Section 104.043.
140	140	SECTION 12. Sections 104.003 and 104.041, Health and Safety
141	141	Code, are repealed.
142	142	SECTION 13. This Act takes effect immediately if it
143	143	receives a vote of two-thirds of all the members elected to each
144	144	house, as provided by Section 39, Article III, Texas Constitution.
145	145	If this Act does not receive the vote necessary for immediate
146	146	effect, this Act takes effect September 1, 2009.
147	147	______________________________ ______________________________
148	148	President of the Senate Speaker of the House
149	149	I hereby certify that S.B. No. 1326 passed the Senate on
150	150	April 30, 2009, by the following vote: Yeas 31, Nays 0.
151	151	______________________________
152	152	Secretary of the Senate
153	153	I hereby certify that S.B. No. 1326 passed the House on
154	154	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
155	155	present not voting.
156	156	______________________________
157	157	Chief Clerk of the House
158	158	Approved:
159	159	______________________________
160	160	Date
161	161	______________________________
162	162	Governor