84R5847 KKR-F
By: Darby H.B. No. 2008
A BILL TO BE ENTITLED
AN ACT
relating to the funding of certain emergency medical services,
trauma facilities, and trauma care systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 773.122, Health and
Safety Code, is amended to read as follows:
Sec. 773.122. PAYMENTS FROM ACCOUNT [THE ACCOUNTS].
SECTION 2. Sections 773.122(a), (b), (c), (d), (e), (f),
and (g), Health and Safety Code, are amended to read as follows:
(a) The commissioner, with advice and counsel from the
chairpersons of the trauma service area regional advisory councils,
shall use money in the account [accounts] established under Section
[Sections 771.072(f) and] 773.006 to fund county and regional
emergency medical services, designated trauma facilities, and
trauma care systems in accordance with this section.
(b) The commissioner shall maintain a reserve of $500,000 of
money appropriated from the account [accounts] for extraordinary
emergencies.
(c) In any fiscal year the commissioner shall use 50 percent
of the appropriated money remaining from the account [accounts],
after any amount necessary to maintain the reserve established by
Subsection (b) is deducted, to fund, in connection with an effort to
provide coordination with the appropriate trauma service area, the
cost of supplies, operational expenses, education and training,
equipment, vehicles, and communications systems for local
emergency medical services. The money shall be distributed on
behalf of eligible recipients in each county to the trauma service
area regional advisory council for that county. To receive a
distribution under this subsection, the regional advisory council
must be incorporated as an entity that is exempt from federal income
tax under Section 501(a), Internal Revenue Code of 1986, and its
subsequent amendments, by being listed as an exempt organization
under Section 501(c)(3) of the code. The share of the money
allocated to the eligible recipients in a county's geographic area
shall be based on the relative geographic size and population of the
county and on the relative number of emergency or trauma care runs
performed by eligible recipients in the county. Money that is not
disbursed by a regional advisory council to eligible recipients for
approved functions by the end of the fiscal year in which the funds
were disbursed may be retained by the regional advisory council to
be used during the following fiscal year in accordance with this
subsection. Money that is not disbursed by the regional advisory
council during the following fiscal year shall be returned to the
account.
(d) In any fiscal year, the commissioner may use not more
than 20 percent of the appropriated money remaining from the
account [accounts], after any amount necessary to maintain the
reserve established by Subsection (b) is deducted, for operation of
the 22 trauma service areas and for equipment, communications, and
education and training for the areas. Money distributed under this
subsection shall be distributed on behalf of eligible recipients in
each county to the trauma service area regional advisory council
for that county. To receive a distribution under this subsection,
the regional advisory council must be incorporated as an entity
that is exempt from federal income tax under Section 501(a),
Internal Revenue Code of 1986, and its subsequent amendments, by
being listed as an exempt organization under Section 501(c)(3) of
the code. A regional advisory council's share of money distributed
under this section shall be based on the relative geographic size
and population of each trauma service area and on the relative
amount of trauma care provided. Money that is not disbursed by a
regional advisory council to eligible recipients for approved
functions by the end of the fiscal year in which the funds were
disbursed may be retained by the regional advisory council to be
used during the following fiscal year in accordance with this
subsection. Money that is not disbursed by the regional advisory
council during the following fiscal year shall be returned to the
account.
(e) In any fiscal year, the commissioner may use not more
than three percent of the appropriated money from the account
[accounts] after any amount necessary to maintain the reserve
established by Subsection (b) is deducted to fund the
administrative costs of the bureau of emergency management of the
department associated with administering the state emergency
medical services program, the trauma program, and the account
[accounts] and to fund the costs of monitoring and providing
technical assistance for those programs and the account [accounts].
(f) In any fiscal year, the commissioner shall use at least
27 percent of the appropriated money remaining from the account
[accounts] after any amount necessary to maintain the reserve
established by Subsection (b) is deducted and the money from the
account [accounts] not otherwise distributed under this section to
fund a portion of the uncompensated trauma care provided at
facilities designated as state trauma facilities by the department.
The administrator of a designated facility may request a regional
advisory council chairperson to petition the department for
disbursement of funds to a designated trauma facility in the
chairperson's trauma service area that has provided uncompensated
trauma care. Funds may be disbursed under this subsection based on
a proportionate share of uncompensated trauma care provided in the
state and may be used to fund innovative projects to enhance the
delivery of patient care in the overall emergency medical services
and trauma care system.
(g) The department shall review the percentages for
disbursement of funds in the account [accounts] on an annual basis
and shall make recommendations for proposed changes to ensure that
appropriate and fair funding is provided under this section.
SECTION 3. Section 773.123, Health and Safety Code, is
amended to read as follows:
Sec. 773.123. CONTROL OF EXPENDITURES FROM ACCOUNT
[ACCOUNTS]. Money distributed from the account [accounts]
established under Section [Sections 771.072(f) and] 773.006 shall
be used in accordance with Section 773.122 on the authorization of
the executive committee of the trauma service area regional
advisory council.
SECTION 4. Section 771.072(g), Health and Safety Code, is
repealed.
SECTION 5. This Act takes effect September 1, 2015.