85S10895 JG-D
By: Davis of Harris H.B. No. 328
A BILL TO BE ENTITLED
AN ACT
relating to emergency health care services and trauma care systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 773, Health and Safety
Code, is amended by adding Section 773.026 to read as follows:
Sec. 773.026. EMERGENCY HEALTH CARE SERVICES COORDINATION
PLAN. (a) The administrative cooperatives designated under
Section 773.125, in consultation with each trauma service area
regional advisory council and the advisory council established by
Section 773.012, shall collectively develop a written 25-year plan
for coordinating emergency health care services throughout this
state.
(b) The emergency health care services coordination plan
must include strategies to provide services for:
(1) trauma care;
(2) stroke care;
(3) cardiac care;
(4) neonatal care;
(5) maternal care;
(6) mental health crisis care;
(7) emergency medical services coordination; and
(8) any other area of care provided under the
authority of a trauma service area regional advisory council.
(c) The administrative cooperatives and advisory councils
shall develop and submit the emergency health care services
coordination plan to the department not later than September 1,
2021. This subsection expires September 1, 2022.
SECTION 2. Section 773.112, Health and Safety Code, is
amended by adding Subsection (d) to read as follows:
(d) The executive commissioner, in consultation with the
department, shall conduct a comprehensive review of the rules
adopted under this section every seven years.
SECTION 3. Subchapter E, Chapter 773, Health and Safety
Code, is amended by adding Sections 773.125, 773.126, 773.127, and
773.128 to read as follows:
Sec. 773.125. ADMINISTRATIVE COOPERATIVES: DESIGNATION.
(a) The department shall designate eight or more administrative
cooperatives to provide administrative functions for each trauma
service area regional advisory council located in the public health
region served by the cooperative. When designating the
administrative cooperative for a public health region, the
department shall consider:
(1) any local support for an administrative
cooperative applicant within the public health region; and
(2) the geographic area of and number of individuals
served by each trauma service area regional advisory council
located in the public health region.
(b) A trauma service area regional advisory council may
apply to the department in accordance with department rules to be
designated as an administrative cooperative for other trauma
service area regional advisory councils in the public health
region.
(c) An applicant must demonstrate the applicant has the
personnel, knowledge, skills, and resources necessary to provide
the administrative functions for each trauma service area regional
advisory council in the applicant's public health region.
(c-1) An applicant must submit an initial application under
Subsection (b) not later than December 1, 2018. The department
shall designate qualified applicants to serve as administrative
cooperatives not later than December 1, 2019. An applicant
designated to serve as an administrative cooperative under this
subsection shall carry out the duties imposed by Section 773.126 as
soon as practicable after the selection and not later than December
1, 2020. This subsection expires September 1, 2021.
(d) If a trauma service area regional advisory council
eligible to serve as an administrative cooperative under this
section has not applied for the designation in a public health
region, the department shall designate the trauma service area
regional advisory council with the most appropriate qualifications
in the public health region to serve as the administrative
cooperative for that region.
Sec. 773.126. ADMINISTRATIVE COOPERATIVES: DUTIES. (a)
Except as provided by Section 773.128, an administrative
cooperative shall perform all administrative functions, including
contract management, grant application management, employee
benefit management, human resource management, and payroll, for
each trauma service area regional advisory council under the
cooperative's jurisdiction. Administrative functions do not
include program activities or activity coordination performed by a
trauma service area regional advisory council under the
administrative cooperative's jurisdiction.
(b) The department shall directly contract with an
administrative cooperative for administrative duties provided by
the cooperative as required by this section.
(c) An administrative cooperative shall administer and
distribute funds to each trauma service area regional advisory
council under the cooperative's jurisdiction in accordance with
department rules. In adopting rules under this subsection, the
executive commissioner shall require an administrative cooperative
to distribute funds according to a trauma service area regional
advisory council's population, annual number of trauma care runs,
geographic size, and annual number of deaths.
(d) An administrative cooperative shall enter into a
centralized purchasing agreement with the trauma service area
regional advisory councils under the cooperative's jurisdiction
and other cooperatives to consolidate purchases for the trauma
service area regional advisory councils as appropriate.
(e) An administrative cooperative shall submit to the
department in the manner required by the department an annual
report on the amount of money spent by the administrative
cooperative in providing consolidated administrative services for
the trauma service area regional advisory councils under the
cooperative's jurisdiction compared to the amount of money that
would have been spent if each trauma service area regional advisory
council had provided its own administrative services.
Sec. 773.127. ADMINISTRATIVE COOPERATIVES: TRANSFER OF
TRAUMA SERVICE AREA REGIONAL ADVISORY COUNCILS. (a) A trauma
service area regional advisory council may apply to the department
in accordance with department rules for a transfer from the
jurisdiction of the trauma service area regional advisory council's
administrative cooperative to the jurisdiction of another
administrative cooperative willing and capable of providing
administrative services for the trauma service area regional
advisory council in a more cost-effective manner than the current
administrative cooperative's provision of the services.
(b) The executive commissioner shall develop criteria for
determining whether an administrative cooperative has the
personnel, knowledge, skills, and resources necessary to provide
administrative services in a more cost-effective manner for a
trauma service area regional advisory council applying for a
transfer to that administrative cooperative's jurisdiction under
this section.
Sec. 773.128. ADMINISTRATIVE COOPERATIVES: REQUEST BY
TRAUMA SERVICE AREA REGIONAL ADVISORY COUNCIL TO RETAIN CERTAIN
ADMINISTRATIVE FUNCTIONS. (a) A trauma service area regional
advisory council may file a written request with the department to
retain an administrative function delegated to an administrative
cooperative. The request must include evidence the trauma service
area regional advisory council has the personnel, knowledge,
skills, and resources necessary to perform the administrative
function in a more cost-effective manner than the current
administrative cooperative's performance of the function.
(b) The department shall grant a request that includes
sufficient evidence for the department to determine the trauma
service area regional advisory council has the personnel,
knowledge, skills, and resources required by this section and shall
notify the administrative cooperative of the department's
decision.
SECTION 4. The executive commissioner of the Health and
Human Services Commission shall adopt all rules necessary to
implement the change in law made by this Act not later than May 1,
2018.
SECTION 5. The change in law made by this Act applies only
to a contract executed on or after the effective date of this Act. A
contract executed before the effective date of this Act is governed
by the law applicable to the contract immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 6. This Act takes effect December 1, 2017.