Texas 2011 - 82nd Regular

Texas House Bill HB2610 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Guillen, Hopson, Dukes H.B. No. 2610
2	2	(Senate Sponsor - Deuell)
3	3	(In the Senate - Received from the House May 9, 2011;
4	4	May 10, 2011, read first time and referred to Committee on Health
5	5	and Human Services; May 18, 2011, reported favorably by the
6	6	following vote: Yeas 9, Nays 0; May 18, 2011, sent to printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to facilitating access to certain public assistance
12	12	benefits programs and health care providers and services through a
13	13	community-based navigator program and through promotoras and
14	14	community health workers.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Chapter 531, Government Code, is amended by
17	17	adding Subchapter S to read as follows:
18	18	SUBCHAPTER S. COMMUNITY-BASED NAVIGATOR PROGRAM
19	19	Sec. 531.751. DEFINITIONS. In this subchapter:
20	20	(1) "Community-based organization" and "faith-based
21	21	organization" have the meanings assigned by Section 535.001.
22	22	(2) "Navigator" means a person who is:
23	23	(A) a volunteer or other representative of a
24	24	faith- or community-based organization; and
25	25	(B) certified by the commission to provide or
26	26	facilitate the provision of information or assistance through the
27	27	faith- or community-based organization to individuals applying or
28	28	seeking to apply online through the Texas Integrated Eligibility
29	29	Redesign System (TIERS) or any other electronic eligibility system
30	30	that is linked to or made a part of that system for public
31	31	assistance benefits administered by the commission.
32	32	Sec. 531.752. ESTABLISHMENT OF COMMUNITY-BASED NAVIGATOR
33	33	PROGRAM. If the executive commissioner determines that a statewide
34	34	community-based navigator program can be established and operated
35	35	using existing resources and without disrupting other commission
36	36	functions, the commission shall establish a statewide
37	37	community-based navigator program through which the commission
38	38	will train and certify as navigators volunteers and other
39	39	representatives of faith- and community-based organizations to
40	40	assist individuals applying or seeking to apply online for public
41	41	assistance benefits through the Texas Integrated Eligibility
42	42	Redesign System (TIERS) or any other electronic eligibility system
43	43	that is linked to or made a part of that system. In establishing the
44	44	navigator program, the commission shall solicit the expertise and
45	45	assistance of interested persons, including faith- and
46	46	community-based organizations, and may establish a work group or
47	47	other temporary, informal group of interested persons to provide
48	48	input and assistance.
49	49	Sec. 531.753. PROGRAM STANDARDS. The executive
50	50	commissioner shall adopt standards to implement this subchapter,
51	51	including standards:
52	52	(1) subject to Section 531.754, regarding the
53	53	qualifications and training required for certification as a
54	54	navigator;
55	55	(2) regarding the suspension, revocation, and, if
56	56	appropriate, periodic renewal of a navigator certificate;
57	57	(3) to protect the confidentiality of applicant
58	58	information handled by navigators; and
59	59	(4) regarding any other issues the executive
60	60	commissioner determines are appropriate.
61	61	Sec. 531.754. TRAINING PROGRAM. The commission shall
62	62	develop and administer a training program for navigators. The
63	63	program must include training on:
64	64	(1) how to complete an online application for public
65	65	assistance benefits through the Texas Integrated Eligibility
66	66	Redesign System (TIERS);
67	67	(2) the importance of maintaining the confidentiality
68	68	of information handled by a navigator;
69	69	(3) the importance of obtaining and submitting
70	70	complete and accurate information when completing an application
71	71	for public assistance benefits online through the Texas Integrated
72	72	Eligibility Redesign System (TIERS);
73	73	(4) the financial assistance program, the
74	74	supplemental nutrition assistance program, the medical assistance
75	75	program, the child health plan program, and any other public
76	76	assistance benefits program for which an individual may complete an
77	77	online application through the Texas Integrated Eligibility
78	78	Redesign System (TIERS); and
79	79	(5) how an individual may apply for other public
80	80	assistance benefits for which an individual may not complete an
81	81	online application through the Texas Integrated Eligibility
82	82	Redesign System (TIERS).
83	83	Sec. 531.755. PUBLICATION OF NAVIGATOR LIST. The
84	84	commission shall maintain and publish on the commission's Internet
85	85	website a list of certified navigators.
86	86	SECTION 2. Chapter 48, Health and Safety Code, is amended to
87	87	read as follows:
88	88	CHAPTER 48. [TRAINING AND REGULATION OF] PROMOTORAS AND COMMUNITY
89	89	HEALTH WORKERS
90	90	SUBCHAPTER A. GENERAL PROVISIONS
91	91	Sec. 48.001. DEFINITIONS. In this chapter:
92	92	(1) "Advisory committee" means the Promotora and
93	93	Community Health Worker Training and Certification Advisory
94	94	Committee.
95	95	(2) "Commission" means the Health and Human Services
96	96	Commission.
97	97	(3) "Commissioner" means the commissioner of state
98	98	health services.
99	99	(4) "Compensation" includes receiving payment or
100	100	receiving reimbursement for expenses.
101	101	(5) "Department" means the Department of State Health
102	102	Services.
103	103	(6) "Executive commissioner" means the executive
104	104	commissioner of the Health and Human Services Commission.
105	105	(7) [(2)] "Promotora" or "community health worker"
106	106	means a person who, with or without compensation, provides a
107	107	liaison between health care providers and patients through
108	108	activities that may include activities such as assisting in case
109	109	conferences, providing patient education, making referrals to
110	110	health and social services, conducting needs assessments,
111	111	distributing surveys to identify barriers to health care delivery,
112	112	making home visits, and providing bilingual language services.
113	113	SUBCHAPTER B. TRAINING AND REGULATION OF PROMOTORAS AND COMMUNITY
114	114	HEALTH WORKERS
115	115	Sec. 48.051 [48.002]. PROMOTORA AND COMMUNITY HEALTH
116	116	WORKER TRAINING PROGRAM. (a) The department shall establish and
117	117	operate a program designed to train and educate persons who act as
118	118	promotoras or community health workers. In establishing the
119	119	training program, the department, to the extent possible, shall
120	120	consider the [report and any findings of and implement any]
121	121	applicable recommendations of the advisory committee [Promotora
122	122	Program Development Committee].
123	123	(b) Participation in a training and education program
124	124	established under this section is voluntary for a promotora or
125	125	community health worker who provides services without receiving any
126	126	compensation and mandatory for a promotora or community health
127	127	worker who provides services for compensation. The executive
128	128	commissioner [board] may adopt rules to exempt a promotora or
129	129	community health worker from mandatory training who has served for
130	130	three or more years or who has 1,000 or more hours of experience.
131	131	Sec. 48.052 [48.003]. CERTIFICATION PROGRAM FOR
132	132	PROMOTORAS AND COMMUNITY HEALTH WORKERS. (a) The department shall
133	133	establish and operate a certification program for persons who act
134	134	as promotoras or community health workers. In establishing the
135	135	program, the executive commissioner [board] shall adopt rules that
136	136	provide minimum standards and guidelines, including participation
137	137	in the training and education program under Section 48.051
138	138	[48.002], for issuance of a certificate to a person under this
139	139	section. In adopting the minimum standards and guidelines, the
140	140	executive commissioner [board] shall consider the [report and any
141	141	findings of and adopt any] applicable recommendations of the
142	142	advisory committee [Promotora Program Development Committee].
143	143	(b) Receipt of a certificate issued under this section may
144	144	not be a requirement for a person to act as a promotora or community
145	145	health worker without receiving any compensation and is a
146	146	requirement for a person to act as a promotora or community health
147	147	worker for compensation.
148	148	(c) The commission [Health and Human Services Commission]
149	149	shall require health and human services agencies to use certified
150	150	promotoras to the extent possible in health outreach and education
151	151	programs for recipients of medical assistance under Chapter 32,
152	152	Human Resources Code.
153	153	Sec. 48.053. RULES. The executive commissioner shall adopt
154	154	rules for the administration of this subchapter.
155	155	SUBCHAPTER C. MAXIMIZING BENEFITS FROM EMPLOYMENT OF
156	156	PROMOTORAS AND COMMUNITY HEALTH WORKERS
157	157	Sec. 48.101. PROMOTORA AND COMMUNITY HEALTH WORKER TRAINING
158	158	AND CERTIFICATION ADVISORY COMMITTEE. (a) The department shall
159	159	establish a statewide Promotora and Community Health Worker
160	160	Training and Certification Advisory Committee composed of
161	161	representatives from relevant entities appointed by the
162	162	commissioner. The commissioner shall appoint a member of the
163	163	advisory committee as presiding officer of the advisory committee.
164	164	(b) The advisory committee shall:
165	165	(1) advise the department and the commission on the
166	166	implementation of standards, guidelines, and requirements under
167	167	this chapter that relate to the training and regulation of
168	168	promotoras and community health workers;
169	169	(2) advise the department on matters related to the
170	170	employment and funding of promotoras and community health workers;
171	171	and
172	172	(3) provide to the department recommendations for a
173	173	sustainable program for promotoras and community health workers
174	174	consistent with the purposes of this subchapter.
175	175	(c) Chapter 2110, Government Code, applies to the advisory
176	176	committee.
177	177	Sec. 48.102. STUDY. (a) The department, in coordination
178	178	with the commission, shall:
179	179	(1) study the desirability and feasibility of
180	180	employing promotoras and community health workers to provide
181	181	publicly and privately funded health care services in this state;
182	182	(2) explore methods of funding and reimbursing
183	183	promotoras and community health workers for the provision of health
184	184	care services and outline the costs to this state of the funding and
185	185	reimbursement; and
186	186	(3) develop recommendations to:
187	187	(A) maximize the employment of and access to
188	188	promotoras and community health workers; and
189	189	(B) expand the funding of and reimbursement for
190	190	services provided by promotoras and community health workers.
191	191	(b) In conducting the study required by Subsection (a), the
192	192	department shall consult:
193	193	(1) relevant national organizations engaged in the
194	194	development of community health worker policy;
195	195	(2) the advisory committee; and
196	196	(3) other individuals or organizations the department
197	197	considers necessary.
198	198	(c) In conducting the study required under Subsection (a),
199	199	the department shall assess the impact of promotoras and community
200	200	health workers on increasing the efficiency of, quality of, and
201	201	access to health care services.
202	202	(d) On or before December 1, 2012, the department shall
203	203	submit to the legislature a report regarding the findings of the
204	204	study conducted under this section.
205	205	(e) This section expires December 31, 2012.
206	206	SECTION 3. The heading to Subtitle B, Title 2, Health and
207	207	Safety Code, is amended to read as follows:
208	208	SUBTITLE B. [TEXAS DEPARTMENT OF] HEALTH PROGRAMS
209	209	SECTION 4. If the executive commissioner of the Health and
210	210	Human Services Commission makes the determination specified by
211	211	Section 531.752, Government Code, as added by this Act, the
212	212	commission shall establish the statewide community-based navigator
213	213	program under Subchapter S, Chapter 531, Government Code, as added
214	214	by this Act, not later than September 1, 2012.
215	215	SECTION 5. Not later than December 31, 2011, the Department
216	216	of State Health Services shall:
217	217	(1) establish the Promotora and Community Health
218	218	Worker Training and Certification Advisory Committee as required by
219	219	Section 48.101, Health and Safety Code, as added by this Act; and
220	220	(2) adopt the rules required by Section 48.053, Health
221	221	and Safety Code, as added by this Act.
222	222	SECTION 6. If before implementing any provision of this Act
223	223	a state agency determines that a waiver or authorization from a
224	224	federal agency is necessary for implementation of that provision,
225	225	the agency affected by the provision shall request the waiver or
226	226	authorization and may delay implementing that provision until the
227	227	waiver or authorization is granted.
228	228	SECTION 7. This Act takes effect September 1, 2011.
229	229	* * * * *