Texas 2011 - 82nd Regular

Texas House Bill HB273 Compare Versions

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1	1	By: Zerwas, Kolkhorst, et al. H.B. No. 273
2	2	(Senate Sponsor - Patrick)
3	3	(In the Senate - Received from the House April 28, 2011;
4	4	April 28, 2011, read first time and referred to Committee on Health
5	5	and Human Services; May 13, 2011, reported adversely, with
6	6	favorable Committee Substitute by the following vote: Yeas 5,
7	7	Nays 2; May 13, 2011, sent to printer.)
8	8	COMMITTEE SUBSTITUTE FOR H.B. No. 273 By: Patrick
9	9
10	10
11	11	A BILL TO BE ENTITLED
12	12	AN ACT
13	13	relating to creation of a study committee for the Interstate Health
14	14	Care Compact.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. FINDINGS. (a) The legislature finds that the
17	17	Interstate Health Care Compact authorizes the legislature to
18	18	suspend the operation of federal laws, rules, regulations, and
19	19	orders regarding health care that are inconsistent with a state law
20	20	or regulation.
21	21	(b) By exercising the authority described by Subsection (a)
22	22	of this section, the state assumes primary responsibility to
23	23	regulate health care in this state.
24	24	(c) Alternatively, the legislature may suspend a federal
25	25	law, rule, regulation, or order relating to a limited area of health
26	26	care.
27	27	(d) By exercising the authority described by Subsection (c)
28	28	of this section, the state assumes primary responsibility to
29	29	regulate health care for only that limited area of health care.
30	30	(e) The first step toward implementation of the Interstate
31	31	Health Care Compact in this state is the creation of a study
32	32	committee to make recommendations to the governor and legislature
33	33	about the most efficient use of the authority provided by the
34	34	Interstate Health Care Compact.
35	35	SECTION 2. DEFINITIONS. In this Act:
36	36	(1) "Committee" means the Texas Health Care Compact
37	37	Advisory Committee.
38	38	(2) "Compact" means the Interstate Health Care
39	39	Compact.
40	40	(3) "Health care" means care, services, supplies, or
41	41	plans related to the health of an individual, including:
42	42	(A) preventive, diagnostic, therapeutic,
43	43	rehabilitative, maintenance, or palliative care, counseling,
44	44	service, assessment, or treatment related to the physical or mental
45	45	condition or function of an individual or the structure or function
46	46	of the body;
47	47	(B) the sale or dispensing of a drug, device,
48	48	equipment, or other item in accordance with a prescription; and
49	49	(C) provision or payment by an individual or
50	50	group health benefit plan of the cost of care, services, or supplies
51	51	related to the health of an individual. The term does not include
52	52	care, services, supplies, or plans provided by the United States
53	53	Department of Defense and United States Department of Veterans
54	54	Affairs, or provided to Native Americans.
55	55	SECTION 3. TEXAS HEALTH CARE COMPACT ADVISORY COMMITTEE.
56	56	The Texas Health Care Compact Advisory Committee is established to
57	57	make recommendations to the legislature and governor on the
58	58	implementation of the Interstate Health Care Compact in this state.
59	59	SECTION 4. MEMBERSHIP. (a) The committee is composed of 11
60	60	members, appointed as follows:
61	61	(1) five individuals experienced in the delivery of or
62	62	payment for health care services in this state appointed by the
63	63	governor;
64	64	(2) three members of the senate appointed by the
65	65	lieutenant governor; and
66	66	(3) three members of the house of representatives
67	67	appointed by the speaker of the house of representatives.
68	68	(b) The members of the committee must be individuals who
69	69	reflect the geographic diversity of this state.
70	70	(c) Each state agency involved in the delivery or regulation
71	71	of health care in this state may appoint one individual to serve on
72	72	the committee in a nonvoting capacity.
73	73	(d) The governor shall select the presiding officer of the
74	74	committee from the membership of the committee.
75	75	SECTION 5. POWERS AND DUTIES. (a) The committee shall:
76	76	(1) examine the state's capability to assume
77	77	regulatory authority over health care;
78	78	(2) recommend:
79	79	(A) the appropriate scope of authority and
80	80	responsibility for the state consistent with the state's capability
81	81	to assume regulatory authority over health care;
82	82	(B) an organizational structure to exercise
83	83	regulatory authority over health care;
84	84	(C) a timetable for implementation; and
85	85	(D) specific amendments to state laws and
86	86	regulations that are necessary to implement the committee's
87	87	recommendations under this subdivision; and
88	88	(3) estimate funding requirements to implement the
89	89	recommendations.
90	90	(b) The committee shall hold public hearings on the state's
91	91	capability to assume regulatory authority over health care.
92	92	(c) The committee may adopt rules necessary to conduct
93	93	business under and implement this Act.
94	94	SECTION 6. SUPPORT. (a) The committee may request
95	95	assistance from any state executive or legislative governmental
96	96	entity.
97	97	(b) The committee may solicit and accept gifts and grants
98	98	for the support of the committee's activities.
99	99	(c) The legislature may appropriate funds for the support of
100	100	the committee's activities.
101	101	(d) The committee may employ staff.
102	102	SECTION 7. REPORT. Not later than December 1, 2012, the
103	103	committee shall report to the governor and the legislature the
104	104	recommendations made under Section 5 of this Act.
105	105	SECTION 8. EXPIRATION. This Act expires August 31, 2013.
106	106	SECTION 9. EFFECTIVE DATE. This Act takes effect September
107	107	1, 2011, but only if Senate Bill 25 or another bill of the 82nd
108	108	Legislature, Regular Session, 2011, enacting the Interstate Health
109	109	Care Compact becomes law. If that bill does not become law, this Act
110	110	has no effect.
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