Texas 2009 - 81st Regular

Texas Senate Bill SB1877 Compare Versions

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1	1	By: Nelson, et al. S.B. No. 1877
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Texas Medical Child Abuse Resources
7	7	and Education System grant program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 1001, Health and Safety Code, is amended
10	10	by adding Subchapter F to read as follows:
11	11	SUBCHAPTER F. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION
12	12	SYSTEM (MEDCARES)
13	13	Sec. 1001.151. TEXAS MEDICAL CHILD ABUSE RESOURCES AND
14	14	EDUCATION SYSTEM GRANT PROGRAM. (a) The department shall
15	15	establish the Texas Medical Child Abuse Resources and Education
16	16	System (MEDCARES) grant program to award grants for the purpose of
17	17	developing and supporting regional programs to improve the
18	18	assessment, diagnosis, and treatment of child abuse and neglect as
19	19	described by the report submitted to the 80th Legislature by the
20	20	committee on pediatric centers of excellence relating to abuse and
21	21	neglect in accordance with Section 266.0031, Family Code, as added
22	22	by Chapter 1406 (S.B. 758), Acts of the 80th Legislature, Regular
23	23	Session, 2007.
24	24	(b) The department may award grants to hospitals or academic
25	25	health centers with expertise in pediatric health care and a
26	26	demonstrated commitment to developing basic and advanced programs
27	27	and centers of excellence for the assessment, diagnosis, and
28	28	treatment of child abuse and neglect.
29	29	(c) The department shall encourage collaboration among
30	30	grant recipients in the development of program services and
31	31	activities.
32	32	Sec. 1001.152. USE OF GRANT. A grant awarded under this
33	33	subchapter may be used to support:
34	34	(1) comprehensive medical evaluations, psychosocial
35	35	assessments, treatment services, and written and photographic
36	36	documentation of abuse;
37	37	(2) education and training for health professionals,
38	38	including physicians, medical students, resident physicians, child
39	39	abuse fellows, and nurses, relating to the assessment, diagnosis,
40	40	and treatment of child abuse and neglect;
41	41	(3) education and training for community agencies
42	42	involved with child abuse and neglect, law enforcement officials,
43	43	child protective services staff, and children's advocacy centers
44	44	involved with child abuse and neglect;
45	45	(4) medical case reviews and consultations and
46	46	testimony regarding those reviews and consultations;
47	47	(5) research, data collection, and quality assurance
48	48	activities, including the development of evidence-based guidelines
49	49	and protocols for the prevention, evaluation, and treatment of
50	50	child abuse and neglect;
51	51	(6) the use of telemedicine and other means to extend
52	52	services from regional programs into underserved areas; and
53	53	(7) other necessary activities, services, supplies,
54	54	facilities, and equipment as determined by the department.
55	55	Sec. 1001.153. MEDCARES ADVISORY COMMITTEE. The executive
56	56	commissioner shall establish an advisory committee to advise the
57	57	department and the executive commissioner in establishing rules and
58	58	priorities for the use of grant funds awarded through the program.
59	59	The advisory committee is composed of the following nine members:
60	60	(1) the state Medicaid director or the state Medicaid
61	61	director's designee;
62	62	(2) the medical director for the Department of Family
63	63	and Protective Services or the medical director's designee; and
64	64	(3) as appointed by the executive commissioner:
65	65	(A) two pediatricians with expertise in child
66	66	abuse or neglect;
67	67	(B) a nurse with expertise in child abuse or
68	68	neglect;
69	69	(C) a representative of a pediatric residency
70	70	training program;
71	71	(D) a representative of a children's hospital;
72	72	(E) a representative of a children's advocacy
73	73	center; and
74	74	(F) a member of the Governor's EMS and Trauma
75	75	Advisory Council.
76	76	Sec. 1001.154. GIFTS AND GRANTS. The department may
77	77	solicit and accept gifts, grants, and donations from any public or
78	78	private source for the purposes of this subchapter.
79	79	Sec. 1001.155. REQUIRED REPORT. Not later than December 1
80	80	of each even-numbered year, the department, with the assistance of
81	81	the advisory committee established under this subchapter, shall
82	82	submit a report to the governor and the legislature regarding the
83	83	grant activities of the program and grant recipients, including the
84	84	results and outcomes of grants provided under this subchapter.
85	85	Sec. 1001.156. RULES. The executive commissioner may adopt
86	86	rules as necessary to implement this subchapter.
87	87	Sec. 1001.157. APPROPRIATION REQUIRED. The department is
88	88	not required to award a grant under this subchapter unless the
89	89	department is specifically appropriated money for purposes of this
90	90	subchapter.
91	91	SECTION 2. (a) Not later than November 1, 2009, the
92	92	executive commissioner of the Health and Human Services Commission
93	93	shall appoint the members of the advisory committee as required by
94	94	Section 1001.153, Health and Safety Code, as added by this Act.
95	95	(b) Not later than January 1, 2010, the Department of State
96	96	Health Services shall establish and implement a grant program as
97	97	described by Subchapter F, Chapter 1001, Health and Safety Code, as
98	98	added by this Act.
99	99	(c) Not later than December 1, 2010, the Department of State
100	100	Health Services shall provide the initial report to the governor
101	101	and the legislature as required by Section 1001.155, Health and
102	102	Safety Code, as added by this Act.
103	103	SECTION 3. If before implementing any provision of this Act
104	104	a state agency determines that a waiver or authorization from a
105	105	federal agency is necessary for implementation of that provision,
106	106	the agency affected by the provision shall request the waiver or
107	107	authorization and may delay implementing that provision until the
108	108	waiver or authorization is granted.
109	109	Section 4. This Act does not make an appropriation. This
110	110	Act takes effect only if a specific appropriation for the
111	111	implementation of the Act is provided in a general appropriations
112	112	act of the 81st Legislature.
113	113	SECTION 5. Except as otherwise provided by this Act, this
114	114	Act takes effect September 1, 2009.