82R4598 NAJ-D
By: Kolkhorst H.B. No. 1875
A BILL TO BE ENTITLED
AN ACT
relating to the repeal of certain health programs, task forces, and
councils, and to the review of certain health programs, councils,
and divisions under the Texas Sunset Act.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 531.021(b), Government Code, is amended
to read as follows:
(b) The commission shall:
(1) plan and direct the Medicaid program in each
agency that operates a portion of the Medicaid program, including
the management of the Medicaid managed care system and the
development, procurement, management, and monitoring of contracts
necessary to implement the Medicaid managed care system;
(2) adopt reasonable rules and standards governing the
determination of fees, charges, and rates for medical assistance
payments under Chapter 32, Human Resources Code, in consultation
with the agencies that operate the Medicaid program; and
(3) establish requirements for and define the scope of
the ongoing evaluation of the Medicaid managed care system
[conducted in conjunction with the Texas Health Care Information
Council under Section 108.0065, Health and Safety Code].
SECTION 2. Section 531.0214(b), Government Code, is amended
to read as follows:
(b) To minimize cost and duplication of activities, the
commission shall assist and coordinate:
(1) the efforts of the agencies that are participating
in the development of the system required by Subsection (a); and
(2) the efforts of those agencies with the efforts of
other agencies involved in a [statewide] health care data
collection system used by the Department of State Health Services
[provided for by Section 108.006, Health and Safety Code],
including avoiding duplication of expenditure of state funds for
computer hardware, staff, or services.
SECTION 3. Section 2054.0541, Government Code, is amended
to read as follows:
Sec. 2054.0541. STATEWIDE HEALTH CARE DATA COLLECTION
SYSTEM. The department shall assist [the Texas Health Care
Information Council and] the [Texas] Department of State Health
Services with planning, analyses, and management functions
relating to the procurement, use, and implementation of a
[statewide] health care data collection system used by the
Department of State Health Services [under Chapter 108, Health and
Safety Code].
SECTION 4. Chapter 35, Health and Safety Code, is amended by
adding Section 35.014 to read as follows:
Sec. 35.014. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
services program for children with special health care needs is
subject to review under Chapter 325, Government Code (Texas Sunset
Act), as if it were a state agency subject to review under that
chapter. If the program is not continued in existence in accordance
with that chapter, the program is abolished and this chapter
expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 5. Chapter 36, Health and Safety Code, is amended by
adding Section 36.015 to read as follows:
Sec. 36.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
screening program for special senses and communication disorders
established under this chapter is subject to review under Chapter
325, Government Code (Texas Sunset Act), as if it were a state
agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 6. Chapter 37, Health and Safety Code, is amended by
adding Section 37.007 to read as follows:
Sec. 37.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
program to detect abnormal spinal curvature in children established
under this chapter is subject to review under Chapter 325,
Government Code (Texas Sunset Act), as if it were a state agency
subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 7. Chapter 38, Health and Safety Code, is amended by
adding Section 38.003 to read as follows:
Sec. 38.003. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
program for the control and eradication of pediculosis in minors
established under this chapter is subject to review under Chapter
325, Government Code (Texas Sunset Act), as if it were a state
agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 8. Chapter 39, Health and Safety Code, is amended by
adding Section 39.007 to read as follows:
Sec. 39.007. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
children's outreach heart program is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 9. Chapter 40, Health and Safety Code, is amended by
adding Section 40.008 to read as follows:
Sec. 40.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
epilepsy program established under this chapter is subject to
review under Chapter 325, Government Code (Texas Sunset Act), as if
it were a state agency subject to review under that chapter. If the
program is not continued in existence in accordance with that
chapter, the program is abolished and this chapter expires
September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 10. Chapter 41, Health and Safety Code, is amended
by adding Section 41.008 to read as follows:
Sec. 41.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
hemophilia assistance program is subject to review under Chapter
325, Government Code (Texas Sunset Act), as if it were a state
agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 11. Chapter 42, Health and Safety Code, is amended
by adding Section 42.019 to read as follows:
Sec. 42.019. SUNSET PROVISION. The kidney health care
division is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the division is abolished and this chapter expires September 1,
2019.
SECTION 12. Chapter 43, Health and Safety Code, is amended
by adding Section 43.015 to read as follows:
Sec. 43.015. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
oral health improvement services program is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 13. Chapter 46, Health and Safety Code, is amended
by adding Section 46.008 to read as follows:
Sec. 46.008. APPLICATION OF SUNSET ACT TO SYSTEM. (a) The
system created by Section 46.002(a) is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the system is
not continued in existence in accordance with that chapter, the
system is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the system.
SECTION 14. Chapter 47, Health and Safety Code, is amended
by adding Section 47.010 to read as follows:
Sec. 47.010. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
newborn hearing screening, tracking, and intervention program is
subject to review under Chapter 325, Government Code (Texas Sunset
Act), as if it were a state agency subject to review under that
chapter. If the program is not continued in existence in accordance
with that chapter, the program is abolished and this chapter
expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 15. Section 81.010, Health and Safety Code, is
amended by adding Subsection (l) to read as follows:
(l) The Interagency Coordinating Council for HIV and
Hepatitis is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the council is abolished and this section expires September 1,
2019.
SECTION 16. Chapter 83, Health and Safety Code, is amended
by adding Section 83.0085 to read as follows:
Sec. 83.0085. APPLICATION OF SUNSET ACT TO PROGRAM. (a)
The program created by Section 83.008 is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 17. Subchapter B, Chapter 85, Health and Safety
Code, is amended by adding Section 85.045 to read as follows:
Sec. 85.045. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
state grant program established under this subchapter is subject to
review under Chapter 325, Government Code (Texas Sunset Act), as if
it were a state agency subject to review under that chapter. If the
program is not continued in existence in accordance with that
chapter, the program is abolished and this subchapter expires
September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 18. Subchapter C, Chapter 85, Health and Safety
Code, is amended by adding Section 85.067 to read as follows:
Sec. 85.067. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
Texas HIV medication program is subject to review under Chapter
325, Government Code (Texas Sunset Act), as if it were a state
agency subject to review under that chapter. If the program is not
continued in existence in accordance with that chapter, the program
is abolished and this subchapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 19. Subchapter D, Chapter 85, Health and Safety
Code, is amended by adding Section 85.090 to read as follows:
Sec. 85.090. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
testing, registration, and counseling programs established under
this subchapter are subject to review under Chapter 325, Government
Code (Texas Sunset Act), as if they were a state agency subject to
review under that chapter. If the programs are not continued in
existence in accordance with that chapter, the programs are
abolished and this subchapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the programs.
SECTION 20. Subchapter A, Chapter 86, Health and Safety
Code, is amended by adding Section 86.006 to read as follows:
Sec. 86.006. SUNSET PROVISION. The advisory council is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the council is
abolished and this subchapter expires September 1, 2019.
SECTION 21. Section 86.012, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The advisory committee is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the committee is abolished and this
section expires September 1, 2019.
SECTION 22. Section 86.103, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The advisory council is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished and this
section expires September 1, 2019.
SECTION 23. Chapter 90, Health and Safety Code, is amended
by adding Section 90.004 to read as follows:
Sec. 90.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
osteoporosis program created by Section 90.002 is subject to review
under Chapter 325, Government Code (Texas Sunset Act), as if it were
a state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 24. Chapter 91, Health and Safety Code, is amended
by adding Section 91.004 to read as follows:
Sec. 91.004. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
program created by Section 91.002 is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 25. Subchapter A, Chapter 93, Health and Safety
Code, is amended by adding Section 93.015 to read as follows:
Sec. 93.015. SUNSET PROVISION. The Council on
Cardiovascular Disease and Stroke is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished and this
chapter expires September 1, 2019.
SECTION 26. Chapter 97, Health and Safety Code, is amended
by adding Section 97.008 to read as follows:
Sec. 97.008. APPLICATION OF SUNSET ACT TO PROGRAM. (a) The
arthritis control and prevention program is subject to review under
Chapter 325, Government Code (Texas Sunset Act), as if it were a
state agency subject to review under that chapter. If the program
is not continued in existence in accordance with that chapter, the
program is abolished and this chapter expires September 1, 2019.
(b) To the extent that Chapter 325, Government Code (Texas
Sunset Act), places a duty on a state agency subject to review under
that chapter, the department shall perform the duty as it relates to
the program.
SECTION 27. Chapter 98, Health and Safety Code, as added by
Chapter 359 (S.B. 288), Acts of the 80th Legislature, Regular
Session, 2007, is amended by adding Section 98.003 to read as
follows:
Sec. 98.003. SUNSET PROVISION. The Advisory Panel on
Health Care-Associated Infections and Preventable Adverse Events
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
advisory panel is abolished and this chapter expires September 1,
2019.
SECTION 28. Chapter 101, Health and Safety Code, is amended
by adding Section 101.011 to read as follows:
Sec. 101.011. SUNSET PROVISION. The Texas Council on
Alzheimer's Disease and Related Disorders is subject to Chapter
325, Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the council is abolished and
this chapter expires September 1, 2019.
SECTION 29. Chapter 103, Health and Safety Code, is amended
by adding Section 103.020 to read as follows:
Sec. 103.020. SUNSET PROVISION. The Texas Diabetes Council
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
council is abolished and this chapter expires September 1, 2019.
SECTION 30. Section 105.002(b), Health and Safety Code, is
amended to read as follows:
(b) To [In conjunction with the committee formed under
Section 104.0155, to avoid duplication of effort, and to] the
extent funding is available through fees collected under Section
301.155(c), Occupations Code, the council shall establish a nursing
resource section within the center for the collection and analysis
of educational and employment trends for nurses in this state.
SECTION 31. Sections 105.008(e) and (h), Health and Safety
Code, are amended to read as follows:
(e) The nursing resource section shall contract with an
independent researcher to develop the research design and conduct
the research. The independent researcher must be selected by a
selection committee composed of:
(1) [one representative elected by a majority of the
nursing advisory committee under Section 104.0155, who is the chair
of the selection committee;
[(2)] one representative designated by the Texas
Health Care Policy Council;
(2) [(3)] the presiding officer of the Texas Board of
Nursing;
(3) [(4)] one representative of the Texas Higher
Education Coordinating Board, designated by the governor;
(4) [(5)] one representative designated by the Texas
Hospital Association;
(5) [(6)] one representative designated by the Texas
Association of Business; and
(6) [(7)] one representative designated by a clinical
competency assessment program that meets the requirements of
Section 301.157(d-8), Occupations Code[; and
[(8) the nurse researcher member of the nursing
advisory committee under Section 104.0155].
(h) The executive commissioner of the Health and Human
Services Commission [nursing advisory committee formed under
Section 104.0155] shall oversee [serve as the oversight committee
for] the study.
SECTION 32. Chapter 105, Health and Safety Code, is amended
by adding Section 105.009 to read as follows:
Sec. 105.009. EXPIRATION. This chapter expires July 1,
2014.
SECTION 33. Chapter 112, Health and Safety Code, is amended
by adding Section 112.015 to read as follows:
Sec. 112.015. SUNSET PROVISION. The Border Health
Foundation is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the foundation is abolished and this chapter expires September 1,
2019.
SECTION 34. Section 113.002, Health and Safety Code, is
amended to read as follows:
Sec. 113.002. SUNSET PROVISION; ABOLISHMENT. The Texas
Organ, Tissue, and Eye Donor Council is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the council is abolished and this
chapter expires September 1, 2019 [2017], unless the department and
the council mutually determine that the public interest is best
served by abolition of the council and agree to abolish the council
on an earlier date.
SECTION 35. The heading to Chapter 114, Health and Safety
Code, is amended to read as follows:
CHAPTER 114. [INTERAGENCY] OBESITY COORDINATION EFFORT [COUNCIL]
SECTION 36. Section 114.001, Health and Safety Code, is
amended to read as follows:
Sec. 114.001. DEFINITION. In this chapter, "institution of
higher education" has the meaning assigned by Section 61.003,
Education Code ["council" means the interagency obesity council
created by this chapter].
SECTION 37. Section 114.005, Health and Safety Code, is
amended to read as follows:
Sec. 114.005. REVIEW OF AGENCY PROGRAMS. The institutions
of higher education that receive state money for obesity research
[council] shall jointly review the status of the programs of the
Department of Agriculture, the Department of State Health Services,
and the Texas Education Agency that promote better health and
nutrition and prevent obesity among children and adults in this
state.
SECTION 38. Sections 114.007(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) Not later than January 15 of each even-numbered
[odd-numbered] year, the institutions of higher education
performing the review under Section 114.005 [the council] shall
jointly submit a report to the governor, the lieutenant governor,
and the speaker of the house of representatives on the activities of
the institutions [council] under Section [Sections] 114.005 [and
114.006] during the preceding two calendar years.
(b) A report submitted by the institutions of higher
education [council] under Subsection (a) must include the following
information regarding discussions of agency programs under Section
114.005:
(1) a list of the programs within each agency
[represented on the council] that are designed to promote better
health and nutrition;
(2) an assessment of the steps taken by each program
during the preceding two calendar years;
(3) a report of the progress made by taking these steps
in reaching each program's goals;
(4) the areas of improvement that are needed in each
program; and
(5) recommendations for future goals or legislation.
SECTION 39. Section 115.012, Health and Safety Code, as
added by Chapters 835 (S.B. 1824) and 1133 (H.B. 2196), Acts of the
81st Legislature, Regular Session, 2009, is amended to read as
follows:
Sec. 115.012. SUNSET PROVISION. The Interagency Task Force
for Children With Special Needs is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the task force is abolished and this
chapter expires September 1, 2019 [2015].
SECTION 40. Section 221.005(b), Health and Safety Code, is
amended to read as follows:
(b) This chapter does not exempt a corporation or user from
compliance with Chapter [104 or] 225.
SECTION 41. Section 222.022(1), Health and Safety Code, is
amended to read as follows:
(1) "Health care facility" means a public or private
hospital, skilled nursing facility, intermediate care facility,
ambulatory surgical center, family planning clinic that performs
ambulatory surgical procedures, rural or urban health initiative
clinic, end stage renal disease facility, or inpatient
rehabilitation facility. The term does not include the office of
physicians or practitioners of the healing arts practicing
individually or in groups or [has the meaning assigned by Section
104.002, except that the term does not include] a chemical
dependency treatment facility licensed by the Department of State
Health Services [Texas Commission on Alcohol and Drug Abuse].
SECTION 42. Section 311.033(d), Health and Safety Code, is
amended 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 311.0331 [104.043].
SECTION 43. Subchapter C, Chapter 311, Health and Safety
Code, is amended by adding Section 311.0331 to read as follows:
Sec. 311.0331. FAILURE TO SUBMIT DATA; CIVIL PENALTY. (a)
If the department does not receive necessary data from a hospital as
required by Section 311.033, the department shall send to the
hospital a notice requiring the hospital to submit the data not
later than the 30th day after the date on which the hospital
receives the notice.
(b) A hospital that does not submit the data during the
period determined under Subsection (a) is subject to a civil
penalty of not more than $500 for each day after the period that
hospital fails to submit the data.
(c) At the request of the executive commissioner of the
Health and Human Services Commission, the attorney general shall
sue in the name of the state to recover the civil penalty.
SECTION 44. Section 501.253(a), Insurance Code, is amended
to read as follows:
(a) The office is entitled to information that is
confidential under a law of this state, including Section 843.006
of this code[, Chapter 108, Health and Safety Code,] and Chapter
552, Government Code.
SECTION 45. Section 577.016(a), Health and Safety Code, is
amended to read as follows:
(a) The department may deny, suspend, or revoke a license if
the department finds that the applicant or licensee has
substantially failed to comply with:
(1) department rules;
(2) this subtitle; or
(3) Chapter [Chapters 104 and] 225.
SECTION 46. The following laws are repealed:
(1) Chapter 104, Health and Safety Code;
(2) Chapter 107, Health and Safety Code;
(3) Chapter 108, Health and Safety Code;
(4) Chapter 109, Health and Safety Code; and
(5) Sections 114.002, 114.003, 114.004, 114.006,
114.007(c), and 114.008, Health and Safety Code.
SECTION 47. On September 1, 2011:
(1) the statewide health coordinating council is
abolished;
(2) all property in the custody of the statewide
health coordinating council is transferred to the Department of
State Health Services; and
(3) all contracts, leases, rights, and obligations of
the statewide health coordinating council are transferred to the
Department of State Health Services.
SECTION 48. On September 1, 2011:
(1) the health disparities task force is abolished;
(2) all property in the custody of the health
disparities task force is transferred to the Department of State
Health Services; and
(3) all contracts, leases, rights, and obligations of
the health disparities task force are transferred to the Department
of State Health Services.
SECTION 49. On September 1, 2011:
(1) the Texas Health Care Policy Council is abolished;
(2) all property in the custody of the Texas Health
Care Policy Council is transferred to the Department of State
Health Services; and
(3) all contracts, leases, rights, and obligations of
the Texas Health Care Policy Council are transferred to the
Department of State Health Services.
SECTION 50. On September 1, 2011:
(1) the Interagency Obesity Council is abolished;
(2) all property in the custody of the Interagency
Obesity Council is transferred to the Department of State Health
Services; and
(3) all contracts, leases, rights, and obligations of
the Interagency Obesity Council are transferred to the Department
of State Health Services.
SECTION 51. This Act takes effect September 1, 2011.