Texas 2017 - 85th 1st C.S.

Texas House Bill HB328 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S10895 JG-D
2	2	By: Davis of Harris H.B. No. 328
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to emergency health care services and trauma care systems.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 773, Health and Safety
10	10	Code, is amended by adding Section 773.026 to read as follows:
11	11	Sec. 773.026. EMERGENCY HEALTH CARE SERVICES COORDINATION
12	12	PLAN. (a) The administrative cooperatives designated under
13	13	Section 773.125, in consultation with each trauma service area
14	14	regional advisory council and the advisory council established by
15	15	Section 773.012, shall collectively develop a written 25-year plan
16	16	for coordinating emergency health care services throughout this
17	17	state.
18	18	(b) The emergency health care services coordination plan
19	19	must include strategies to provide services for:
20	20	(1) trauma care;
21	21	(2) stroke care;
22	22	(3) cardiac care;
23	23	(4) neonatal care;
24	24	(5) maternal care;
25	25	(6) mental health crisis care;
26	26	(7) emergency medical services coordination; and
27	27	(8) any other area of care provided under the
28	28	authority of a trauma service area regional advisory council.
29	29	(c) The administrative cooperatives and advisory councils
30	30	shall develop and submit the emergency health care services
31	31	coordination plan to the department not later than September 1,
32	32	2021. This subsection expires September 1, 2022.
33	33	SECTION 2. Section 773.112, Health and Safety Code, is
34	34	amended by adding Subsection (d) to read as follows:
35	35	(d) The executive commissioner, in consultation with the
36	36	department, shall conduct a comprehensive review of the rules
37	37	adopted under this section every seven years.
38	38	SECTION 3. Subchapter E, Chapter 773, Health and Safety
39	39	Code, is amended by adding Sections 773.125, 773.126, 773.127, and
40	40	773.128 to read as follows:
41	41	Sec. 773.125. ADMINISTRATIVE COOPERATIVES: DESIGNATION.
42	42	(a) The department shall designate eight or more administrative
43	43	cooperatives to provide administrative functions for each trauma
44	44	service area regional advisory council located in the public health
45	45	region served by the cooperative. When designating the
46	46	administrative cooperative for a public health region, the
47	47	department shall consider:
48	48	(1) any local support for an administrative
49	49	cooperative applicant within the public health region; and
50	50	(2) the geographic area of and number of individuals
51	51	served by each trauma service area regional advisory council
52	52	located in the public health region.
53	53	(b) A trauma service area regional advisory council may
54	54	apply to the department in accordance with department rules to be
55	55	designated as an administrative cooperative for other trauma
56	56	service area regional advisory councils in the public health
57	57	region.
58	58	(c) An applicant must demonstrate the applicant has the
59	59	personnel, knowledge, skills, and resources necessary to provide
60	60	the administrative functions for each trauma service area regional
61	61	advisory council in the applicant's public health region.
62	62	(c-1) An applicant must submit an initial application under
63	63	Subsection (b) not later than December 1, 2018. The department
64	64	shall designate qualified applicants to serve as administrative
65	65	cooperatives not later than December 1, 2019. An applicant
66	66	designated to serve as an administrative cooperative under this
67	67	subsection shall carry out the duties imposed by Section 773.126 as
68	68	soon as practicable after the selection and not later than December
69	69	1, 2020. This subsection expires September 1, 2021.
70	70	(d) If a trauma service area regional advisory council
71	71	eligible to serve as an administrative cooperative under this
72	72	section has not applied for the designation in a public health
73	73	region, the department shall designate the trauma service area
74	74	regional advisory council with the most appropriate qualifications
75	75	in the public health region to serve as the administrative
76	76	cooperative for that region.
77	77	Sec. 773.126. ADMINISTRATIVE COOPERATIVES: DUTIES. (a)
78	78	Except as provided by Section 773.128, an administrative
79	79	cooperative shall perform all administrative functions, including
80	80	contract management, grant application management, employee
81	81	benefit management, human resource management, and payroll, for
82	82	each trauma service area regional advisory council under the
83	83	cooperative's jurisdiction. Administrative functions do not
84	84	include program activities or activity coordination performed by a
85	85	trauma service area regional advisory council under the
86	86	administrative cooperative's jurisdiction.
87	87	(b) The department shall directly contract with an
88	88	administrative cooperative for administrative duties provided by
89	89	the cooperative as required by this section.
90	90	(c) An administrative cooperative shall administer and
91	91	distribute funds to each trauma service area regional advisory
92	92	council under the cooperative's jurisdiction in accordance with
93	93	department rules. In adopting rules under this subsection, the
94	94	executive commissioner shall require an administrative cooperative
95	95	to distribute funds according to a trauma service area regional
96	96	advisory council's population, annual number of trauma care runs,
97	97	geographic size, and annual number of deaths.
98	98	(d) An administrative cooperative shall enter into a
99	99	centralized purchasing agreement with the trauma service area
100	100	regional advisory councils under the cooperative's jurisdiction
101	101	and other cooperatives to consolidate purchases for the trauma
102	102	service area regional advisory councils as appropriate.
103	103	(e) An administrative cooperative shall submit to the
104	104	department in the manner required by the department an annual
105	105	report on the amount of money spent by the administrative
106	106	cooperative in providing consolidated administrative services for
107	107	the trauma service area regional advisory councils under the
108	108	cooperative's jurisdiction compared to the amount of money that
109	109	would have been spent if each trauma service area regional advisory
110	110	council had provided its own administrative services.
111	111	Sec. 773.127. ADMINISTRATIVE COOPERATIVES: TRANSFER OF
112	112	TRAUMA SERVICE AREA REGIONAL ADVISORY COUNCILS. (a) A trauma
113	113	service area regional advisory council may apply to the department
114	114	in accordance with department rules for a transfer from the
115	115	jurisdiction of the trauma service area regional advisory council's
116	116	administrative cooperative to the jurisdiction of another
117	117	administrative cooperative willing and capable of providing
118	118	administrative services for the trauma service area regional
119	119	advisory council in a more cost-effective manner than the current
120	120	administrative cooperative's provision of the services.
121	121	(b) The executive commissioner shall develop criteria for
122	122	determining whether an administrative cooperative has the
123	123	personnel, knowledge, skills, and resources necessary to provide
124	124	administrative services in a more cost-effective manner for a
125	125	trauma service area regional advisory council applying for a
126	126	transfer to that administrative cooperative's jurisdiction under
127	127	this section.
128	128	Sec. 773.128. ADMINISTRATIVE COOPERATIVES: REQUEST BY
129	129	TRAUMA SERVICE AREA REGIONAL ADVISORY COUNCIL TO RETAIN CERTAIN
130	130	ADMINISTRATIVE FUNCTIONS. (a) A trauma service area regional
131	131	advisory council may file a written request with the department to
132	132	retain an administrative function delegated to an administrative
133	133	cooperative. The request must include evidence the trauma service
134	134	area regional advisory council has the personnel, knowledge,
135	135	skills, and resources necessary to perform the administrative
136	136	function in a more cost-effective manner than the current
137	137	administrative cooperative's performance of the function.
138	138	(b) The department shall grant a request that includes
139	139	sufficient evidence for the department to determine the trauma
140	140	service area regional advisory council has the personnel,
141	141	knowledge, skills, and resources required by this section and shall
142	142	notify the administrative cooperative of the department's
143	143	decision.
144	144	SECTION 4. The executive commissioner of the Health and
145	145	Human Services Commission shall adopt all rules necessary to
146	146	implement the change in law made by this Act not later than May 1,
147	147	2018.
148	148	SECTION 5. The change in law made by this Act applies only
149	149	to a contract executed on or after the effective date of this Act. A
150	150	contract executed before the effective date of this Act is governed
151	151	by the law applicable to the contract immediately before the
152	152	effective date of this Act, and that law is continued in effect for
153	153	that purpose.
154	154	SECTION 6. This Act takes effect December 1, 2017.