87R13877 TYPED By: Rose H.B. No. 4302 A BILL TO BE ENTITLED AN ACT relating to the continuation of the MEDCARES grant program and transfer of the oversight and administration of the program from the Department of State Health Services to the Health and Human Services Commission. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter F, Chapter 1001, Health and Safety Code is hereby repealed. SECTION 2. Section 261.005, Family Code, is amended to read as follows: Sec. 261.005. REFERENCE TO EXECUTIVE COMMISSIONER OR COMMISSION. Except as provided for in Subchapter G, [I]in this chapter: (1) a reference to the executive commissioner or the executive commissioner of the Health and Human Services Commission means the commissioner of the department; and (2) a reference to the Health and Human Services Commission means the department. SECTION 3. Subchapter G, Chapter 261, Family Code, is enacted to read as follows: SUBCHAPTER G. TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION SYSTEM (MEDCARES) Sec. 261.601. REFERENCE TO EXECUTIVE COMMISSIONER OR COMMISSION. In this Subchapter: (1) a reference to the executive commissioner means the executive commissioner of the Health and Human Services Commission; and (2) a reference to the commission means the Health and Human Services Commission. Sec. 261.602 TEXAS MEDICAL CHILD ABUSE RESOURCES AND EDUCATION SYSTEM GRANT PROGRAM. (a) The commission shall maintain the Texas Medical Child Abuse Resources and Education System (MEDCARES) grant program to award grants for the purpose of developing and supporting regional programs to improve the assessment, diagnosis, and treatment of child abuse and neglect as described by the report submitted to the 80th Legislature by the committee on pediatric centers of excellence relating to abuse and neglect in accordance with Section 266.0031, Family Code, as added by Chapter 1406 (S.B. 758), Acts of the 80th Legislature, Regular Session, 2007. (b) The commission may award grants to hospitals or academic health centers with expertise in pediatric health care and a demonstrated commitment to developing basic and advanced programs and centers of excellence for the assessment, diagnosis, and treatment of child abuse and neglect. (c) The department shall encourage collaboration among grant recipients in the development of program services and activities. Sec. 261.602. USE OF GRANT. A grant awarded under this subchapter may be used to support: (1) comprehensive medical evaluations, psychosocial assessments, treatment services, and written and photographic documentation of abuse; (2) education and training for health professionals, including physicians, medical students, resident physicians, child abuse fellows, and nurses, relating to the assessment, diagnosis, and treatment of child abuse and neglect; (3) education and training for community agencies involved with child abuse and neglect, law enforcement officials, child protective services staff, and children's advocacy centers involved with child abuse and neglect; (4) medical case reviews and consultations and testimony regarding those reviews and consultations; (5) research, data collection, and quality assurance activities, including the development of evidence-based guidelines and protocols for the prevention, evaluation, and treatment of child abuse and neglect; (6) the use of telemedicine and other means to extend services from regional programs into underserved areas; and (7) other necessary activities, services, supplies, facilities, and equipment as determined by the department. Sec. 261.603. GIFTS AND GRANTS. The commission may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this subchapter. Sec. 261.604. REQUIRED REPORT. Not later than December 1 of each even-numbered year, the commission shall submit a report to the governor and the legislature regarding the grant activities of the program and grant recipients, including the results and outcomes of grants provided under this subchapter. Sec. 261.605. RULES. The executive commissioner may adopt rules as necessary to implement this subchapter. Sec. 261.606. APPROPRIATION REQUIRED. The commission is not required to award a grant under this subchapter unless the commission is specifically appropriated money for purposes of this subchapter. SECTION 4. The administration and oversight activities of the MEDCARES grant program is transferred from the Department of State Health Services to the Health and Human Services Commission as of the of the effective date of this Act. SECTION 5. This Act takes effect September 1, 2021.