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AN ACT
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relating to the functions of the statewide health coordinating |
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council; providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 104.001, Health and |
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Safety Code, is amended to read as follows: |
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(a) The policy of this state and the purpose of this chapter |
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are to[:
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[(1)] ensure that health care services and facilities |
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are available to all citizens in an orderly and economical manner[;
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and
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[(2) meet the requirements of applicable federal law]. |
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SECTION 2. Section 104.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 104.002. DEFINITIONS [DEFINITION]. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Commissioner" means the commissioner of the |
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Department of State Health Services. |
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(3) "Department" means the Department of State Health |
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Services. |
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(4) "Executive commissioner" means the executive |
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commissioner of the Health and Human Services Commission. |
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(5) "Health[, "health] care facility" means a public |
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or private hospital, skilled nursing facility, intermediate care |
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facility, ambulatory surgical center [facility], family planning |
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clinic that performs ambulatory surgical procedures, rural or urban |
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health initiative clinic, end stage renal disease facility [kidney
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disease treatment facility], and inpatient rehabilitation |
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facility[, and any other facility designated a health care facility
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by federal law]. The term does not include the office of physicians |
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or practitioners of the healing arts practicing individually or in |
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groups. |
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SECTION 3. Subsection (a), Section 104.011, Health and |
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Safety Code, is amended to read as follows: |
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(a) The statewide health coordinating council is composed |
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of 17 members determined as follows: |
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(1) the executive commissioner [of health and human
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services] or a representative designated by the executive |
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commissioner; |
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(2) the chair [presiding officer] of the Texas Higher |
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Education Coordinating Board or a representative designated by the |
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presiding officer; |
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(3) the commissioner [presiding officer of the
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department] or a representative designated by the commissioner |
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[presiding officer]; |
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(4) the presiding officer of the [Texas] Department of |
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Aging and Disability Services [Mental Health and Mental
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Retardation] or a representative designated by the presiding |
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officer; and |
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(5) the following members appointed by the governor: |
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(A) three health care professionals from the |
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allied health, dental, medical, mental health, and pharmacy |
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professions, no two of whom may be from the same profession; |
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(B) one registered nurse; |
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(C) two representatives of a university or |
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health-related institution of higher education; |
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(D) one representative of a junior or community |
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college with a nursing program; |
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(E) one hospital administrator; |
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(F) one managed care administrator; and |
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(G) four public members. |
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SECTION 4. Section 104.015, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 104.015. ADVISORY BOARDS AND AD HOC COMMITTEES. The |
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statewide health coordinating council may form advisory boards or |
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ad hoc committees composed of individuals [health care experts] |
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from the public and private sectors to review policy matters |
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related to the council's purpose. |
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SECTION 5. Subsection (a), Section 104.0155, Health and |
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Safety Code, is amended to read as follows: |
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(a) The statewide health coordinating council shall form a |
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nursing advisory committee the majority of the members of which |
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must be nurses. The committee: |
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(1) must include: |
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(A) members of associations that represent |
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nurses, educators of nurses, and employers of nurses; |
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(B) members who represent the Texas Board of |
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Nursing [nurse licensing boards]; and |
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(C) a nurse researcher; and |
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(2) may include other members who are health care |
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experts from the public or private sector, nurses, nurse educators, |
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employers of nurses, or consumers of nursing services. |
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SECTION 6. Subsections (b) and (c), Section 104.022, Health |
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and Safety Code, are amended to read as follows: |
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(b) The statewide health coordinating council, in |
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consultation with the commission [Health and Human Services
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Commission], shall issue overall directives for the development of |
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the state health plan. |
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(c) The department shall consult with the [Texas] |
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Department of Aging and Disability Services [Mental Health and
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Mental Retardation], the commission [Texas Department of Human
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Services], and other appropriate health-related state agencies |
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designated by the governor before performing the duties and |
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functions prescribed by state and federal law regarding the |
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development of the state health plan. |
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SECTION 7. Subsections (a) and (b), Section 104.042, Health |
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and Safety Code, are amended to read as follows: |
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(a) The executive commissioner [board] by rule shall |
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establish reasonable procedures for the collection of data by the |
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department from health care facilities and for the distribution of |
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data necessary to facilitate and expedite proper and effective |
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health planning and resource development. |
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(b) The executive commissioner [board] by rule shall |
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specify the type of data required, the entities required to submit |
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the data, and the period during which the data must be submitted. |
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SECTION 8. Subsection (f), Section 104.0421, Health and |
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Safety Code, is amended to read as follows: |
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(f) The department shall continue to assist the council and |
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the health professions resource center with the development of the |
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state health plan. The council shall coordinate related health |
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planning functions within the department. The staff of the health |
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professions resource center shall continue to be department |
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employees but are governed by the council. [The staff of the Bureau
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of State Health Data and Policy Analysis that previously assisted
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the council shall continue to assist the council.] |
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SECTION 9. Subsections (a) and (c), Section 104.043, Health |
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and Safety Code, are amended to read as follows: |
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(a) If the department does not receive necessary data from |
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an entity as required by the executive commissioner's [board] |
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rules, the department shall send to the entity a notice requiring |
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the entity to submit the data not later than the 30th day after the |
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date on which the entity receives the notice. |
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(c) At the request of the executive commissioner, the |
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attorney general shall sue in the name of the state to recover the |
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civil penalty. |
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SECTION 10. Section 105.005, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 105.005. RULES. The executive commissioner of the |
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Health and Human Services Commission [board] may adopt rules to |
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govern the reporting and collection of data. |
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SECTION 11. Section 311.033, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A hospital that does not submit to the department the |
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data required under this section is subject to civil penalties |
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under Section 104.043. |
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SECTION 12. Sections 104.003 and 104.041, Health and Safety |
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Code, are repealed. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1326 passed the Senate on |
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April 30, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1326 passed the House on |
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May 27, 2009, by the following vote: Yeas 148, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |