By: Zerwas, Kolkhorst, et al. H.B. No. 273
(Senate Sponsor - Patrick)
(In the Senate - Received from the House April 28, 2011;
April 28, 2011, read first time and referred to Committee on Health
and Human Services; May 13, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 5,
Nays 2; May 13, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 273 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating to creation of a study committee for the Interstate Health
Care Compact.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. FINDINGS. (a) The legislature finds that the
Interstate Health Care Compact authorizes the legislature to
suspend the operation of federal laws, rules, regulations, and
orders regarding health care that are inconsistent with a state law
or regulation.
(b) By exercising the authority described by Subsection (a)
of this section, the state assumes primary responsibility to
regulate health care in this state.
(c) Alternatively, the legislature may suspend a federal
law, rule, regulation, or order relating to a limited area of health
care.
(d) By exercising the authority described by Subsection (c)
of this section, the state assumes primary responsibility to
regulate health care for only that limited area of health care.
(e) The first step toward implementation of the Interstate
Health Care Compact in this state is the creation of a study
committee to make recommendations to the governor and legislature
about the most efficient use of the authority provided by the
Interstate Health Care Compact.
SECTION 2. DEFINITIONS. In this Act:
(1) "Committee" means the Texas Health Care Compact
Advisory Committee.
(2) "Compact" means the Interstate Health Care
Compact.
(3) "Health care" means care, services, supplies, or
plans related to the health of an individual, including:
(A) preventive, diagnostic, therapeutic,
rehabilitative, maintenance, or palliative care, counseling,
service, assessment, or treatment related to the physical or mental
condition or function of an individual or the structure or function
of the body;
(B) the sale or dispensing of a drug, device,
equipment, or other item in accordance with a prescription; and
(C) provision or payment by an individual or
group health benefit plan of the cost of care, services, or supplies
related to the health of an individual. The term does not include
care, services, supplies, or plans provided by the United States
Department of Defense and United States Department of Veterans
Affairs, or provided to Native Americans.
SECTION 3. TEXAS HEALTH CARE COMPACT ADVISORY COMMITTEE.
The Texas Health Care Compact Advisory Committee is established to
make recommendations to the legislature and governor on the
implementation of the Interstate Health Care Compact in this state.
SECTION 4. MEMBERSHIP. (a) The committee is composed of 11
members, appointed as follows:
(1) five individuals experienced in the delivery of or
payment for health care services in this state appointed by the
governor;
(2) three members of the senate appointed by the
lieutenant governor; and
(3) three members of the house of representatives
appointed by the speaker of the house of representatives.
(b) The members of the committee must be individuals who
reflect the geographic diversity of this state.
(c) Each state agency involved in the delivery or regulation
of health care in this state may appoint one individual to serve on
the committee in a nonvoting capacity.
(d) The governor shall select the presiding officer of the
committee from the membership of the committee.
SECTION 5. POWERS AND DUTIES. (a) The committee shall:
(1) examine the state's capability to assume
regulatory authority over health care;
(2) recommend:
(A) the appropriate scope of authority and
responsibility for the state consistent with the state's capability
to assume regulatory authority over health care;
(B) an organizational structure to exercise
regulatory authority over health care;
(C) a timetable for implementation; and
(D) specific amendments to state laws and
regulations that are necessary to implement the committee's
recommendations under this subdivision; and
(3) estimate funding requirements to implement the
recommendations.
(b) The committee shall hold public hearings on the state's
capability to assume regulatory authority over health care.
(c) The committee may adopt rules necessary to conduct
business under and implement this Act.
SECTION 6. SUPPORT. (a) The committee may request
assistance from any state executive or legislative governmental
entity.
(b) The committee may solicit and accept gifts and grants
for the support of the committee's activities.
(c) The legislature may appropriate funds for the support of
the committee's activities.
(d) The committee may employ staff.
SECTION 7. REPORT. Not later than December 1, 2012, the
committee shall report to the governor and the legislature the
recommendations made under Section 5 of this Act.
SECTION 8. EXPIRATION. This Act expires August 31, 2013.
SECTION 9. EFFECTIVE DATE. This Act takes effect September
1, 2011, but only if Senate Bill 25 or another bill of the 82nd
Legislature, Regular Session, 2011, enacting the Interstate Health
Care Compact becomes law. If that bill does not become law, this Act
has no effect.
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