By: Nelson, et al. S.B. No. 1877
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Medical Child Abuse Resources
and Education System grant program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 1001, Health and Safety Code, is amended
by adding Subchapter F to read as follows:
SUBCHAPTER F. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION
SYSTEM (MEDCARES)
Sec. 1001.151. TEXAS MEDICAL CHILD ABUSE RESOURCES AND
EDUCATION SYSTEM GRANT PROGRAM. (a) The department shall
establish the Texas Medical Child Abuse Resources and Education
System (MEDCARES) grant program to award grants for the purpose of
developing and supporting regional programs to improve the
assessment, diagnosis, and treatment of child abuse and neglect as
described by the report submitted to the 80th Legislature by the
committee on pediatric centers of excellence relating to abuse and
neglect in accordance with Section 266.0031, Family Code, as added
by Chapter 1406 (S.B. 758), Acts of the 80th Legislature, Regular
Session, 2007.
(b) The department may award grants to hospitals or academic
health centers with expertise in pediatric health care and a
demonstrated commitment to developing basic and advanced programs
and centers of excellence for the assessment, diagnosis, and
treatment of child abuse and neglect.
(c) The department shall encourage collaboration among
grant recipients in the development of program services and
activities.
Sec. 1001.152. USE OF GRANT. A grant awarded under this
subchapter may be used to support:
(1) comprehensive medical evaluations, psychosocial
assessments, treatment services, and written and photographic
documentation of abuse;
(2) education and training for health professionals,
including physicians, medical students, resident physicians, child
abuse fellows, and nurses, relating to the assessment, diagnosis,
and treatment of child abuse and neglect;
(3) education and training for community agencies
involved with child abuse and neglect, law enforcement officials,
child protective services staff, and children's advocacy centers
involved with child abuse and neglect;
(4) medical case reviews and consultations and
testimony regarding those reviews and consultations;
(5) research, data collection, and quality assurance
activities, including the development of evidence-based guidelines
and protocols for the prevention, evaluation, and treatment of
child abuse and neglect;
(6) the use of telemedicine and other means to extend
services from regional programs into underserved areas; and
(7) other necessary activities, services, supplies,
facilities, and equipment as determined by the department.
Sec. 1001.153. MEDCARES ADVISORY COMMITTEE. The executive
commissioner shall establish an advisory committee to advise the
department and the executive commissioner in establishing rules and
priorities for the use of grant funds awarded through the program.
The advisory committee is composed of the following nine members:
(1) the state Medicaid director or the state Medicaid
director's designee;
(2) the medical director for the Department of Family
and Protective Services or the medical director's designee; and
(3) as appointed by the executive commissioner:
(A) two pediatricians with expertise in child
abuse or neglect;
(B) a nurse with expertise in child abuse or
neglect;
(C) a representative of a pediatric residency
training program;
(D) a representative of a children's hospital;
(E) a representative of a children's advocacy
center; and
(F) a member of the Governor's EMS and Trauma
Advisory Council.
Sec. 1001.154. GIFTS AND GRANTS. The department may
solicit and accept gifts, grants, and donations from any public or
private source for the purposes of this subchapter.
Sec. 1001.155. REQUIRED REPORT. Not later than December 1
of each even-numbered year, the department, with the assistance of
the advisory committee established under this subchapter, shall
submit a report to the governor and the legislature regarding the
grant activities of the program and grant recipients, including the
results and outcomes of grants provided under this subchapter.
Sec. 1001.156. RULES. The executive commissioner may adopt
rules as necessary to implement this subchapter.
Sec. 1001.157. APPROPRIATION REQUIRED. The department is
not required to award a grant under this subchapter unless the
department is specifically appropriated money for purposes of this
subchapter.
SECTION 2. (a) Not later than November 1, 2009, the
executive commissioner of the Health and Human Services Commission
shall appoint the members of the advisory committee as required by
Section 1001.153, Health and Safety Code, as added by this Act.
(b) Not later than January 1, 2010, the Department of State
Health Services shall establish and implement a grant program as
described by Subchapter F, Chapter 1001, Health and Safety Code, as
added by this Act.
(c) Not later than December 1, 2010, the Department of State
Health Services shall provide the initial report to the governor
and the legislature as required by Section 1001.155, Health and
Safety Code, as added by this Act.
SECTION 3. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
Section 4. This Act does not make an appropriation. This
Act takes effect only if a specific appropriation for the
implementation of the Act is provided in a general appropriations
act of the 81st Legislature.
SECTION 5. Except as otherwise provided by this Act, this
Act takes effect September 1, 2009.