Texas 2023 - 88th Regular

Texas Senate Bill SB2193 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	S.B. No. 2193
2	2
3	3
4	4	AN ACT
5	5	relating to programs established and operated by federally
6	6	qualified health centers to provide primary care access to certain
7	7	employees.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 2, Health and Safety Code, is
10	10	amended by adding Chapter 76 to read as follows:
11	11	CHAPTER 76. FEDERALLY QUALIFIED HEALTH CENTER PRIMARY CARE ACCESS
12	12	PROGRAM
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 76.001. PURPOSES. The purposes of this chapter are to:
15	15	(1) increase access to primary care services at
16	16	federally qualified health centers for low-income or at-risk
17	17	individuals;
18	18	(2) improve the health of the employees of
19	19	participating employers and their families by improving access to
20	20	health care;
21	21	(3) contribute to economic development by assisting
22	22	small businesses in remaining competitive through employment of a
23	23	healthy workforce and provision of health care benefits that
24	24	attract employees; and
25	25	(4) encourage innovative solutions for providing and
26	26	funding health care services and benefits for participating
27	27	employees.
28	28	Sec. 76.002. DEFINITIONS. In this chapter:
29	29	(1) "Department of insurance" means the Texas
30	30	Department of Insurance.
31	31	(2) "Employee" means an individual who is employed by
32	32	an employer for compensation. The term includes a partner of a
33	33	partnership and a proprietor of a sole proprietorship.
34	34	(3) "Federally qualified health center" has the
35	35	meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B).
36	36	(4) "Program" means a primary care access program a
37	37	federally qualified health center establishes and operates under
38	38	this chapter.
39	39	SUBCHAPTER B. PRIMARY CARE ACCESS PROGRAM
40	40	Sec. 76.051. ESTABLISHMENT AND OPERATION OF PROGRAM. (a) A
41	41	federally qualified health center may establish and operate a
42	42	primary care access program for the provision of primary care
43	43	services and benefits directly to the employees of participating
44	44	employers and their dependents within the service area of the
45	45	federally qualified health center.
46	46	(b) A program operated under this chapter shall, within the
47	47	service area of the federally qualified health center and to the
48	48	extent practicable:
49	49	(1) reduce the number of individuals who lack access
50	50	to primary care services;
51	51	(2) reduce the cost of primary care services for small
52	52	business employers and their employees;
53	53	(3) promote preventive care and reduce the incidence
54	54	of preventable health conditions, such as heart disease, cancer,
55	55	diabetes, and low birth weight in infants;
56	56	(4) promote efficient and collaborative delivery of
57	57	primary care services;
58	58	(5) serve as a model for the innovative use of health
59	59	information technology; and
60	60	(6) provide fair payment rates for participating
61	61	health care providers.
62	62	(c) A federally qualified health center may require that
63	63	participating employees and dependents obtain primary health care
64	64	services provided under a program only from health care providers
65	65	at the federally qualified health center.
66	66	(d) A federally qualified health center that operates a
67	67	program under this subchapter is not subject to regulation by the
68	68	department of insurance as an insurer or health maintenance
69	69	organization.
70	70	Sec. 76.052. PARTICIPATION BY EMPLOYERS; SHARE OF COST.
71	71	(a) A federally qualified health center may establish program
72	72	participation criteria for employers, employees of the employer,
73	73	and the employees' dependents.
74	74	(b) A federally qualified health center may:
75	75	(1) require participating employers and their
76	76	employees to pay a share of the premium or other cost of the primary
77	77	care services;
78	78	(2) contract with a health foundation or other
79	79	nonprofit organization to support payment of the employer's or
80	80	employee's share under Subdivision (1); and
81	81	(3) screen employees and their dependents for
82	82	eligibility to enroll in other state programs and for federal
83	83	subsidies in the health insurance marketplace.
84	84	Sec. 76.053. FUNDING. (a) In addition to grants awarded
85	85	under Subchapter C, a federally qualified health center may accept
86	86	gifts, grants, or donations from any source to administer and
87	87	finance the program.
88	88	(b) A federally qualified health center shall actively
89	89	solicit gifts, grants, and donations to:
90	90	(1) fund primary care services and benefits provided
91	91	under the program; and
92	92	(2) reduce the cost of participation in the program
93	93	for employers and their employees.
94	94	SUBCHAPTER C. PRIMARY CARE ACCESS GRANT PROGRAM
95	95	Sec. 76.101. GRANT PROGRAM. (a) The department of
96	96	insurance, in collaboration with the commission, shall establish
97	97	and administer a grant program to award grants to federally
98	98	qualified health centers operating a program under this chapter.
99	99	(b) In awarding a grant under this section, the department
100	100	of insurance shall consider whether the program will accomplish the
101	101	purposes of this chapter and meet the objectives established under
102	102	Section 76.051(b).
103	103	(c) The department of insurance shall establish performance
104	104	objectives for a grant recipient and monitor whether the recipient
105	105	meets those objectives.
106	106	(d) In addition to money appropriated by the legislature,
107	107	the department of insurance may accept gifts, grants, or donations
108	108	from any source to administer and finance the grant program.
109	109	Sec. 76.102. REPORT. Not later than December 1 of each
110	110	even-numbered year, the department of insurance and the commission
111	111	shall jointly submit to the governor, the lieutenant governor, and
112	112	the speaker of the house of representatives a report:
113	113	(1) evaluating the success of the program in
114	114	accomplishing the purposes of this chapter; and
115	115	(2) recommending any legislative or other action
116	116	necessary to facilitate or improve the program.
117	117	SECTION 2. This Act takes effect immediately if it receives
118	118	a vote of two-thirds of all the members elected to each house, as
119	119	provided by Section 39, Article III, Texas Constitution. If this
120	120	Act does not receive the vote necessary for immediate effect, this
121	121	Act takes effect September 1, 2023.
122	122	______________________________ ______________________________
123	123	President of the Senate Speaker of the House
124	124	I hereby certify that S.B. No. 2193 passed the Senate on
125	125	April 27, 2023, by the following vote: Yeas 29, Nays 2.
126	126	______________________________
127	127	Secretary of the Senate
128	128	I hereby certify that S.B. No. 2193 passed the House on
129	129	May 5, 2023, by the following vote: Yeas 144, Nays 0,
130	130	two present not voting.
131	131	______________________________
132	132	Chief Clerk of the House
133	133	Approved:
134	134	______________________________
135	135	Date
136	136	______________________________
137	137	Governor