Texas 2013 - 83rd Regular

Texas Senate Bill SB143 Compare Versions

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1	1	83R28434 KEL-D
2	2	By: Nelson, et al. S.B. No. 143
3	3	(Branch, Zerwas)
4	4	Substitute the following for S.B. No. 143: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to programs designed to enhance medical education in this
10	10	state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 3, Education Code, is amended
13	13	by adding Chapter 58A to read as follows:
14	14	CHAPTER 58A. PROGRAMS SUPPORTING GRADUATE MEDICAL EDUCATION
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 58A.001. DEFINITION. In this chapter, "board" means
17	17	the Texas Higher Education Coordinating Board.
18	18	SUBCHAPTER B. GRADUATE MEDICAL EDUCATION
19	19	RESIDENCY EXPANSION
20	20	Sec. 58A.021. ADMINISTRATION. The board shall allocate
21	21	funds appropriated for purposes of this subchapter and may adopt
22	22	necessary rules regarding the allocation of those funds.
23	23	Sec. 58A.022. PLANNING GRANTS. (a) The board shall award
24	24	one-time planning grants to entities located in this state that:
25	25	(1) have never had a graduate medical education
26	26	program; and
27	27	(2) are eligible for Medicare funding of graduate
28	28	medical education.
29	29	(b) The board shall award planning grants on a competitive
30	30	basis according to criteria adopted by the board. The board shall
31	31	determine the number of grants awarded and the amount of each grant
32	32	consistent with any conditions provided by legislative
33	33	appropriation. A grant received under this section must be used for
34	34	the purpose of planning additional first-year residency positions.
35	35	(c) An application for a planning grant for a state fiscal
36	36	year must be submitted to the board not later than July 15 preceding
37	37	that fiscal year. Not later than August 15, the board shall make
38	38	decisions about grant awards for the following state fiscal year.
39	39	(d) An entity that is awarded a planning grant and
40	40	establishes new first-year residency positions after receipt of the
41	41	grant is eligible for additional funds for each such position
42	42	established, as provided by appropriation.
43	43	Sec. 58A.023. GRANTS FOR UNFILLED RESIDENCY POSITIONS. (a)
44	44	The board shall award grants to graduate medical education programs
45	45	to enable those programs to fill accredited but unfilled first-year
46	46	residency positions. The board shall determine the number of
47	47	grants awarded and the amount of each grant consistent with any
48	48	conditions provided by legislative appropriation.
49	49	(b) A grant received under this section must be expended to
50	50	support the direct resident costs to the program, including the
51	51	resident stipend and benefits.
52	52	(c) A grant application must include proof of the accredited
53	53	but unfilled positions to which the application applies. An
54	54	application for a grant must be submitted to the board not later
55	55	than October 1 preceding the period for which the grant is made.
56	56	The board shall make decisions about grant awards not later than
57	57	January 1 preceding the grant period.
58	58	(d) The board may distribute a grant amount for a residency
59	59	position only on receiving verification that the applicable
60	60	residency position has been filled.
61	61	(e) Grant amounts are awarded under this section for two
62	62	consecutive state fiscal years. For each first-year residency
63	63	position for which a program receives an initial grant amount in a
64	64	fiscal year, the board shall award the program an equal grant amount
65	65	for the following fiscal year.
66	66	Sec. 58A.024. GRANTS FOR PROGRAM EXPANSION OR NEW PROGRAM.
67	67	(a) The board shall award grants to enable existing graduate
68	68	medical education programs to increase the number of first-year
69	69	residency positions or to provide for the establishment of new
70	70	graduate medical education programs with first-year residency
71	71	positions. The board shall determine the number of grants awarded
72	72	and the amount of each grant consistent with any conditions
73	73	provided by legislative appropriation.
74	74	(b) A grant received under this section must be expended to
75	75	support the direct resident costs to the program, including the
76	76	resident stipend and benefits.
77	77	(c) A grant application must include a plan for receiving
78	78	accreditation for the increased number of positions or for the new
79	79	program, as applicable. An application for a grant must be
80	80	submitted to the board not later than October 1 preceding the period
81	81	for which the grant is made. The board shall make decisions about
82	82	grant awards not later than January 1 preceding the grant period.
83	83	(d) The board may distribute a grant amount for a residency
84	84	position only on receiving verification that the applicable
85	85	residency position has been filled.
86	86	(e) Grant amounts are awarded under this section for three
87	87	consecutive state fiscal years. For each first-year residency
88	88	position for which a program receives an initial grant amount in a
89	89	fiscal year, the board shall award the program an equal grant amount
90	90	for the following two fiscal years.
91	91	Sec. 58A.025. PRIORITY GRANTS; ADJUSTMENT OF AMOUNTS. (a)
92	92	If the board determines that the number of first-year residency
93	93	positions proposed by eligible applicants under Sections 58A.023
94	94	and 58A.024 exceeds the number authorized by appropriation, in
95	95	awarding grants the board:
96	96	(1) may give priority for up to 50 percent of the
97	97	funded first-year residency positions to be in primary care or
98	98	other critical shortage areas in this state; and
99	99	(2) may not reduce grant amounts awarded per resident
100	100	position, but may proportionately reduce the number of positions
101	101	funded for each program.
102	102	(b) If the board determines that, based on applications
103	103	received, the entire appropriation will not be awarded for that
104	104	year for graduate medical education residency expansion under
105	105	Sections 58A.023 and 58A.024, the board may transfer and use the
106	106	funds for the purposes of Section 58A.022 and may adjust the number
107	107	of grants awarded under that section accordingly.
108	108	Sec. 58A.026. GRANTS FOR ADDITIONAL YEARS OF RESIDENCY.
109	109	(a) If the board determines that funds appropriated for purposes of
110	110	this subchapter are available after all eligible grant applications
111	111	under Sections 58A.022, 58A.023, and 58A.024 have been funded, the
112	112	board shall award grants from excess funds to support residents:
113	113	(1) who have completed at least three years of
114	114	residency; and
115	115	(2) whose residency program is in a field in which this
116	116	state has less than 80 percent of the national average of physicians
117	117	per 100,000 population, as determined by the board.
118	118	(b) Grants shall be awarded under this section in amounts,
119	119	in the number, and in the residency fields determined by the board,
120	120	subject to any conditions provided by legislative appropriation. A
121	121	grant received under this section must be expended to support the
122	122	direct resident costs to the program, including the resident
123	123	stipend and benefits.
124	124	(c) The board may distribute grant amounts only on receiving
125	125	verification that the applicable residency position has been
126	126	filled.
127	127	(d) The board may award grants under this section only from
128	128	funds appropriated for the state fiscal year beginning September 1,
129	129	2016, or for a subsequent state fiscal year.
130	130	SUBCHAPTER C. PRIMARY CARE INNOVATION PROGRAM
131	131	Sec. 58A.051. PRIMARY CARE INNOVATION PROGRAM. Subject to
132	132	available funds, the board shall establish a grant program under
133	133	which the board awards incentive payments to medical schools that
134	134	administer innovative programs designed to increase the number of
135	135	primary care physicians in this state.
136	136	Sec. 58A.052. GIFTS, GRANTS, AND DONATIONS. In addition to
137	137	other money appropriated by the legislature, the board may solicit,
138	138	accept, and spend gifts, grants, and donations from any public or
139	139	private source for the purposes of the program established under
140	140	this subchapter.
141	141	Sec. 58A.053. RULES. In consultation with each medical
142	142	school in this state, the board shall adopt rules for the
143	143	administration of the program established under this subchapter.
144	144	The rules must include:
145	145	(1) administrative provisions relating to the
146	146	awarding of grants under this subchapter, such as:
147	147	(A) eligibility criteria for medical schools;
148	148	(B) grant application procedures;
149	149	(C) guidelines relating to grant amounts;
150	150	(D) procedures for evaluating grant
151	151	applications; and
152	152	(E) procedures for monitoring the use of grants;
153	153	and
154	154	(2) methods for tracking the effectiveness of grants
155	155	that:
156	156	(A) using data reasonably available to the board,
157	157	consider relevant information regarding the career paths of medical
158	158	school graduates during the four-year period following their
159	159	graduation; and
160	160	(B) evaluate whether and for how long those
161	161	graduates work in primary care in this state.
162	162	Sec. 58A.054. ADMINISTRATIVE COSTS. A reasonable amount,
163	163	not to exceed three percent, of any money appropriated for purposes
164	164	of this subchapter may be used by the board to pay the costs of
165	165	administering this subchapter.
166	166	SECTION 2. Section 61.532, Education Code, is amended to
167	167	read as follows:
168	168	Sec. 61.532. ELIGIBILITY. (a) To be eligible to receive
169	169	repayment assistance, a physician must:
170	170	(1) apply to the coordinating board;
171	171	(2) at the time of application, be licensed to
172	172	practice medicine under Subtitle B, Title 3, Occupations Code;
173	173	(3) have completed one, two, three, or four
174	174	consecutive years of practice:
175	175	(A) in a health professional shortage area
176	176	designated by the Department of State Health Services; or
177	177	(B) in accordance with Subsection (b), after
178	178	funds have been fully allocated for the program year to physicians
179	179	qualifying under Paragraph (A); and
180	180	(4) provide health care services to:
181	181	(A) recipients under the medical assistance
182	182	program authorized by Chapter 32, Human Resources Code;
183	183	(B) enrollees under the child health plan program
184	184	authorized by Chapter 62, Health and Safety Code; or
185	185	(C) persons committed to a secure correctional
186	186	facility operated by or under contract with the Texas Juvenile
187	187	Justice Department [Youth Commission] or persons confined in a
188	188	secure correctional facility operated by or under contract with any
189	189	division of the Texas Department of Criminal Justice.
190	190	(b) A physician may complete one or more years of practice
191	191	required by Subsection (a)(3) in a location other than a health
192	192	professional shortage area designated by the Department of State
193	193	Health Services if, during the applicable year or years, the
194	194	physician provides health care services to a designated number of
195	195	patients who are recipients under the medical assistance program
196	196	authorized by Chapter 32, Human Resources Code, or the Texas
197	197	Women's Health Program according to criteria established by the
198	198	board in consultation with the Health and Human Services
199	199	Commission. The Health and Human Services Commission shall verify
200	200	a physician's compliance with this subsection, and the board and
201	201	the commission shall enter into a memorandum of understanding for
202	202	that purpose.
203	203	(c) The board annually shall solicit and collect
204	204	information regarding the specific number of patients described by
205	205	Subsection (a)(4)(A) who are treated by each physician receiving
206	206	loan repayment assistance under this subchapter.
207	207	SECTION 3. Section 61.5391, Education Code, is amended by
208	208	amending Subsection (a) and adding Subsection (c) to read as
209	209	follows:
210	210	(a) The physician education loan repayment program account
211	211	is an account in the general revenue fund. The account is composed
212	212	of:
213	213	(1) gifts and grants contributed to the account;
214	214	(2) earnings on the principal of the account; and
215	215	(3) other amounts deposited to the credit of the
216	216	account, including:
217	217	(A) money deposited under Section 61.539(b) or
218	218	61.5392;
219	219	(B) legislative appropriations; and
220	220	(C) money deposited under Section 155.2415, Tax
221	221	Code.
222	222	(c) Money deposited to the credit of the account under
223	223	Section 61.5392 may be used only to provide loan repayment
224	224	assistance to physicians who establish eligibility for the
225	225	assistance under Section 61.532(a)(4)(A) or (b).
226	226	SECTION 4. Subchapter J, Chapter 61, Education Code, is
227	227	amended by adding Section 61.5392 to read as follows:
228	228	Sec. 61.5392. FEDERAL MATCHING FUNDS. (a) For the
229	229	purposes of this subchapter, the Health and Human Services
230	230	Commission shall seek any federal matching funds that are available
231	231	for the purposes of this section.
232	232	(b) Any amount received under Subsection (a) shall be
233	233	transferred to the comptroller to be deposited in the physician
234	234	education loan repayment program account established under Section
235	235	61.5391. Section 403.095, Government Code, does not apply to any
236	236	amount deposited under this section.
237	237	SECTION 5. (a) As soon as practicable after the effective
238	238	date of this Act, the Texas Higher Education Coordinating Board
239	239	shall adopt rules for the implementation and administration of the
240	240	programs established under Chapter 58A, Education Code, as added by
241	241	this Act. The coordinating board may adopt the initial rules in the
242	242	manner provided by law for emergency rules.
243	243	(b) Not later than October 1, 2013, the Texas Higher
244	244	Education Coordinating Board and the Health and Human Services
245	245	Commission shall enter into the memorandum of understanding
246	246	required by Subsection (b), Section 61.532, Education Code, as
247	247	added by this Act. As soon as practicable after the date of the
248	248	memorandum, the coordinating board shall begin awarding loan
249	249	repayment assistance to physicians who establish eligibility under
250	250	that subsection.
251	251	SECTION 6. This Act takes effect immediately if it receives
252	252	a vote of two-thirds of all the members elected to each house, as
253	253	provided by Section 39, Article III, Texas Constitution. If this
254	254	Act does not receive the vote necessary for immediate effect, this
255	255	Act takes effect September 1, 2013.