Texas 2017 - 85th Regular

Texas House Bill HB1148 Compare Versions

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Version 2 (New)

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1	1	By: Davis of Harris (Senate Sponsor - Nelson) H.B. No. 1148
2	2	(In the Senate - Received from the House April 3, 2017;
3	3	May 16, 2017, read first time and referred to Committee on Health &
4	4	Human Services; May 19, 2017, reported favorably by the following
5	5	vote: Yeas 8, Nays 0; May 19, 2017, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to emergency health care services and trauma care systems.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter B, Chapter 773, Health and Safety
14	14	Code, is amended by adding Section 773.026 to read as follows:
15	15	Sec. 773.026. EMERGENCY HEALTH CARE SERVICES COORDINATION
16	16	PLAN. (a) The administrative cooperatives designated under
17	17	Section 773.125, in consultation with each trauma service area
18	18	regional advisory council and the advisory council established by
19	19	Section 773.012, shall collectively develop a written 25-year plan
20	20	for coordinating emergency health care services throughout this
21	21	state.
22	22	(b) The emergency health care services coordination plan
23	23	must include strategies to provide services for:
24	24	(1) trauma care;
25	25	(2) stroke care;
26	26	(3) cardiac care;
27	27	(4) neonatal care;
28	28	(5) maternal care;
29	29	(6) mental health crisis care;
30	30	(7) emergency medical services coordination; and
31	31	(8) any other area of care provided under the
32	32	authority of a trauma service area regional advisory council.
33	33	(c) The administrative cooperatives and advisory councils
34	34	shall develop and submit the emergency health care services
35	35	coordination plan to the department not later than September 1,
36	36	2021. This subsection expires September 1, 2022.
37	37	SECTION 2. Section 773.112, Health and Safety Code, is
38	38	amended by adding Subsection (d) to read as follows:
39	39	(d) The executive commissioner, in consultation with the
40	40	department, shall conduct a comprehensive review of the rules
41	41	adopted under this section every seven years.
42	42	SECTION 3. Subchapter E, Chapter 773, Health and Safety
43	43	Code, is amended by adding Sections 773.125, 773.126, 773.127, and
44	44	773.128 to read as follows:
45	45	Sec. 773.125. ADMINISTRATIVE COOPERATIVES: DESIGNATION.
46	46	(a) The department shall designate eight or more administrative
47	47	cooperatives to provide administrative functions for each trauma
48	48	service area regional advisory council located in the public health
49	49	region served by the cooperative. When designating the
50	50	administrative cooperative for a public health region, the
51	51	department shall consider:
52	52	(1) any local support for an administrative
53	53	cooperative applicant within the public health region; and
54	54	(2) the geographic area of and number of individuals
55	55	served by each trauma service area regional advisory council
56	56	located in the public health region.
57	57	(b) A trauma service area regional advisory council may
58	58	apply to the department in accordance with department rules to be
59	59	designated as an administrative cooperative for other trauma
60	60	service area regional advisory councils in the public health
61	61	region.
62	62	(c) An applicant must demonstrate the applicant has the
63	63	personnel, knowledge, skills, and resources necessary to provide
64	64	the administrative functions for each trauma service area regional
65	65	advisory council in the applicant's public health region.
66	66	(c-1) An applicant must submit an initial application under
67	67	Subsection (b) not later than September 1, 2018. The department
68	68	shall designate a qualified applicant to serve as the
69	69	administrative cooperative not later than September 1, 2019. An
70	70	applicant designated to serve as an administrative cooperative
71	71	under this subsection shall carry out the duties imposed by Section
72	72	773.126 as soon as practicable after the selection and not later
73	73	than September 1, 2020. This subsection expires September 1, 2021.
74	74	(d) If a trauma service area regional advisory council
75	75	eligible to serve as an administrative cooperative under this
76	76	section has not applied for the designation in a public health
77	77	region, the department shall designate the trauma service area
78	78	regional advisory council with the most appropriate qualifications
79	79	in the public health region to serve as the administrative
80	80	cooperative for that region.
81	81	Sec. 773.126. ADMINISTRATIVE COOPERATIVES: DUTIES. (a)
82	82	Except as provided by Section 773.128, an administrative
83	83	cooperative shall perform all administrative functions, including
84	84	contract management, grant application management, employee
85	85	benefit management, human resource management, and payroll, for
86	86	each trauma service area regional advisory council under the
87	87	cooperative's jurisdiction. Administrative functions do not
88	88	include program activities or activity coordination performed by a
89	89	trauma service area regional advisory council under the
90	90	administrative cooperative's jurisdiction.
91	91	(b) The department shall directly contract with an
92	92	administrative cooperative for administrative duties provided by
93	93	the cooperative as required by this section.
94	94	(c) An administrative cooperative shall administer and
95	95	distribute funds to each trauma service area regional advisory
96	96	council under the cooperative's jurisdiction in accordance with
97	97	department rules. In adopting rules under this subsection, the
98	98	executive commissioner shall require that an administrative
99	99	cooperative distribute funds according to a trauma service area
100	100	regional advisory council's population, annual number of trauma
101	101	care runs, geographic size, and annual number of deaths.
102	102	(d) An administrative cooperative shall enter into a
103	103	centralized purchasing agreement with the trauma service area
104	104	regional advisory councils under the cooperative's jurisdiction
105	105	and other cooperatives to consolidate purchases for the trauma
106	106	service area regional advisory councils as appropriate.
107	107	(e) An administrative cooperative shall submit to the
108	108	department in the manner required by the department an annual
109	109	report on the amount of money spent by the administrative
110	110	cooperative in providing consolidated administrative services for
111	111	the trauma service area regional advisory councils under the
112	112	cooperative's jurisdiction compared to the amount of money that
113	113	would have been spent if each trauma service area regional advisory
114	114	council had provided its own administrative services.
115	115	Sec. 773.127. ADMINISTRATIVE COOPERATIVES: TRANSFER OF
116	116	TRAUMA SERVICE AREA REGIONAL ADVISORY COUNCILS. (a) A trauma
117	117	service area regional advisory council may apply to the department
118	118	in accordance with department rules for a transfer from the
119	119	jurisdiction of the trauma service area regional advisory council's
120	120	administrative cooperative to the jurisdiction of another
121	121	administrative cooperative that is willing and capable of providing
122	122	administrative services for the trauma service area regional
123	123	advisory council in a more cost-effective manner than the current
124	124	administrative cooperative is able to provide the services.
125	125	(b) The executive commissioner shall develop criteria for
126	126	determining whether an administrative cooperative has the
127	127	personnel, knowledge, skills, and resources necessary to provide
128	128	administrative services in a more cost-effective manner for a
129	129	trauma service area regional advisory council applying for a
130	130	transfer to that administrative cooperative's jurisdiction under
131	131	this section.
132	132	Sec. 773.128. ADMINISTRATIVE COOPERATIVES: REQUEST BY
133	133	TRAUMA SERVICE AREA REGIONAL ADVISORY COUNCIL TO RETAIN CERTAIN
134	134	ADMINISTRATIVE FUNCTIONS. (a) A trauma service area regional
135	135	advisory council may file a written request with the department to
136	136	retain an administrative function that has been delegated to an
137	137	administrative cooperative. The request must include evidence that
138	138	the trauma service area regional advisory council has the
139	139	personnel, knowledge, skills, and resources necessary to perform
140	140	the administrative function in a more cost-effective manner than
141	141	the function is being performed by the administrative cooperative.
142	142	(b) The department shall grant a request that includes
143	143	sufficient evidence for the department to determine that the trauma
144	144	service area regional advisory council has the personnel,
145	145	knowledge, skills, and resources required by this section and shall
146	146	notify the administrative cooperative of the department's
147	147	decision.
148	148	SECTION 4. The executive commissioner of the Health and
149	149	Human Services Commission shall adopt all rules necessary to
150	150	implement the change in law made by this Act not later than January
151	151	1, 2018.
152	152	SECTION 5. The change in law made by this Act applies only
153	153	to a contract executed on or after the effective date of this Act. A
154	154	contract executed before the effective date of this Act is governed
155	155	by the law applicable to the contract immediately before the
156	156	effective date of this Act, and that law is continued in effect for
157	157	that purpose.
158	158	SECTION 6. This Act takes effect September 1, 2017.
159	159	* * * * *