S.B. No. 2193
AN ACT
relating to programs established and operated by federally
qualified health centers to provide primary care access to certain
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 2, Health and Safety Code, is
amended by adding Chapter 76 to read as follows:
CHAPTER 76. FEDERALLY QUALIFIED HEALTH CENTER PRIMARY CARE ACCESS
PROGRAM
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 76.001. PURPOSES. The purposes of this chapter are to:
(1) increase access to primary care services at
federally qualified health centers for low-income or at-risk
individuals;
(2) improve the health of the employees of
participating employers and their families by improving access to
health care;
(3) contribute to economic development by assisting
small businesses in remaining competitive through employment of a
healthy workforce and provision of health care benefits that
attract employees; and
(4) encourage innovative solutions for providing and
funding health care services and benefits for participating
employees.
Sec. 76.002. DEFINITIONS. In this chapter:
(1) "Department of insurance" means the Texas
Department of Insurance.
(2) "Employee" means an individual who is employed by
an employer for compensation. The term includes a partner of a
partnership and a proprietor of a sole proprietorship.
(3) "Federally qualified health center" has the
meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B).
(4) "Program" means a primary care access program a
federally qualified health center establishes and operates under
this chapter.
SUBCHAPTER B. PRIMARY CARE ACCESS PROGRAM
Sec. 76.051. ESTABLISHMENT AND OPERATION OF PROGRAM. (a) A
federally qualified health center may establish and operate a
primary care access program for the provision of primary care
services and benefits directly to the employees of participating
employers and their dependents within the service area of the
federally qualified health center.
(b) A program operated under this chapter shall, within the
service area of the federally qualified health center and to the
extent practicable:
(1) reduce the number of individuals who lack access
to primary care services;
(2) reduce the cost of primary care services for small
business employers and their employees;
(3) promote preventive care and reduce the incidence
of preventable health conditions, such as heart disease, cancer,
diabetes, and low birth weight in infants;
(4) promote efficient and collaborative delivery of
primary care services;
(5) serve as a model for the innovative use of health
information technology; and
(6) provide fair payment rates for participating
health care providers.
(c) A federally qualified health center may require that
participating employees and dependents obtain primary health care
services provided under a program only from health care providers
at the federally qualified health center.
(d) A federally qualified health center that operates a
program under this subchapter is not subject to regulation by the
department of insurance as an insurer or health maintenance
organization.
Sec. 76.052. PARTICIPATION BY EMPLOYERS; SHARE OF COST.
(a) A federally qualified health center may establish program
participation criteria for employers, employees of the employer,
and the employees' dependents.
(b) A federally qualified health center may:
(1) require participating employers and their
employees to pay a share of the premium or other cost of the primary
care services;
(2) contract with a health foundation or other
nonprofit organization to support payment of the employer's or
employee's share under Subdivision (1); and
(3) screen employees and their dependents for
eligibility to enroll in other state programs and for federal
subsidies in the health insurance marketplace.
Sec. 76.053. FUNDING. (a) In addition to grants awarded
under Subchapter C, a federally qualified health center may accept
gifts, grants, or donations from any source to administer and
finance the program.
(b) A federally qualified health center shall actively
solicit gifts, grants, and donations to:
(1) fund primary care services and benefits provided
under the program; and
(2) reduce the cost of participation in the program
for employers and their employees.
SUBCHAPTER C. PRIMARY CARE ACCESS GRANT PROGRAM
Sec. 76.101. GRANT PROGRAM. (a) The department of
insurance, in collaboration with the commission, shall establish
and administer a grant program to award grants to federally
qualified health centers operating a program under this chapter.
(b) In awarding a grant under this section, the department
of insurance shall consider whether the program will accomplish the
purposes of this chapter and meet the objectives established under
Section 76.051(b).
(c) The department of insurance shall establish performance
objectives for a grant recipient and monitor whether the recipient
meets those objectives.
(d) In addition to money appropriated by the legislature,
the department of insurance may accept gifts, grants, or donations
from any source to administer and finance the grant program.
Sec. 76.102. REPORT. Not later than December 1 of each
even-numbered year, the department of insurance and the commission
shall jointly submit to the governor, the lieutenant governor, and
the speaker of the house of representatives a report:
(1) evaluating the success of the program in
accomplishing the purposes of this chapter; and
(2) recommending any legislative or other action
necessary to facilitate or improve the program.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2193 passed the Senate on
April 27, 2023, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2193 passed the House on
May 5, 2023, by the following vote: Yeas 144, Nays 0,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor