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A BILL TO BE ENTITLED
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AN ACT
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relating to the funding of certain emergency medical services, |
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trauma facilities, and trauma care systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 773.122, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 773.122. PAYMENTS FROM ACCOUNT [THE ACCOUNTS]. |
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SECTION 2. Sections 773.122(a), (b), (c), (d), (e), (f), |
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and (g), Health and Safety Code, are amended to read as follows: |
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(a) The commissioner, with advice and counsel from the |
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chairpersons of the trauma service area regional advisory councils, |
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shall use money in the account [accounts] established under Section |
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[Sections 771.072(f) and] 773.006 to fund county and regional |
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emergency medical services, designated trauma facilities, and |
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trauma care systems in accordance with this section. |
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(b) The commissioner shall maintain a reserve of $500,000 of |
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money appropriated from the account [accounts] for extraordinary |
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emergencies. |
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(c) In any fiscal year the commissioner shall use 50 percent |
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of the appropriated money remaining from the account [accounts], |
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after any amount necessary to maintain the reserve established by |
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Subsection (b) is deducted, to fund, in connection with an effort to |
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provide coordination with the appropriate trauma service area, the |
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cost of supplies, operational expenses, education and training, |
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equipment, vehicles, and communications systems for local |
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emergency medical services. The money shall be distributed on |
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behalf of eligible recipients in each county to the trauma service |
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area regional advisory council for that county. To receive a |
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distribution under this subsection, the regional advisory council |
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must be incorporated as an entity that is exempt from federal income |
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tax under Section 501(a), Internal Revenue Code of 1986, and its |
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subsequent amendments, by being listed as an exempt organization |
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under Section 501(c)(3) of the code. The share of the money |
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allocated to the eligible recipients in a county's geographic area |
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shall be based on the relative geographic size and population of the |
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county and on the relative number of emergency or trauma care runs |
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performed by eligible recipients in the county. Money that is not |
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disbursed by a regional advisory council to eligible recipients for |
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approved functions by the end of the fiscal year in which the funds |
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were disbursed may be retained by the regional advisory council to |
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be used during the following fiscal year in accordance with this |
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subsection. Money that is not disbursed by the regional advisory |
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council during the following fiscal year shall be returned to the |
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account. |
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(d) In any fiscal year, the commissioner may use not more |
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than 20 percent of the appropriated money remaining from the |
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account [accounts], after any amount necessary to maintain the |
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reserve established by Subsection (b) is deducted, for operation of |
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the 22 trauma service areas and for equipment, communications, and |
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education and training for the areas. Money distributed under this |
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subsection shall be distributed on behalf of eligible recipients in |
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each county to the trauma service area regional advisory council |
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for that county. To receive a distribution under this subsection, |
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the regional advisory council must be incorporated as an entity |
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that is exempt from federal income tax under Section 501(a), |
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Internal Revenue Code of 1986, and its subsequent amendments, by |
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being listed as an exempt organization under Section 501(c)(3) of |
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the code. A regional advisory council's share of money distributed |
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under this section shall be based on the relative geographic size |
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and population of each trauma service area and on the relative |
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amount of trauma care provided. Money that is not disbursed by a |
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regional advisory council to eligible recipients for approved |
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functions by the end of the fiscal year in which the funds were |
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disbursed may be retained by the regional advisory council to be |
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used during the following fiscal year in accordance with this |
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subsection. Money that is not disbursed by the regional advisory |
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council during the following fiscal year shall be returned to the |
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account. |
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(e) In any fiscal year, the commissioner may use not more |
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than three percent of the appropriated money from the account |
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[accounts] after any amount necessary to maintain the reserve |
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established by Subsection (b) is deducted to fund the |
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administrative costs of the bureau of emergency management of the |
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department associated with administering the state emergency |
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medical services program, the trauma program, and the account |
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[accounts] and to fund the costs of monitoring and providing |
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technical assistance for those programs and the account [accounts]. |
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(f) In any fiscal year, the commissioner shall use at least |
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27 percent of the appropriated money remaining from the account |
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[accounts] after any amount necessary to maintain the reserve |
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established by Subsection (b) is deducted and the money from the |
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account [accounts] not otherwise distributed under this section to |
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fund a portion of the uncompensated trauma care provided at |
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facilities designated as state trauma facilities by the department. |
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The administrator of a designated facility may request a regional |
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advisory council chairperson to petition the department for |
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disbursement of funds to a designated trauma facility in the |
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chairperson's trauma service area that has provided uncompensated |
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trauma care. Funds may be disbursed under this subsection based on |
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a proportionate share of uncompensated trauma care provided in the |
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state and may be used to fund innovative projects to enhance the |
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delivery of patient care in the overall emergency medical services |
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and trauma care system. |
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(g) The department shall review the percentages for |
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disbursement of funds in the account [accounts] on an annual basis |
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and shall make recommendations for proposed changes to ensure that |
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appropriate and fair funding is provided under this section. |
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SECTION 3. Section 773.123, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 773.123. CONTROL OF EXPENDITURES FROM ACCOUNT |
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[ACCOUNTS]. Money distributed from the account [accounts] |
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established under Section [Sections 771.072(f) and] 773.006 shall |
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be used in accordance with Section 773.122 on the authorization of |
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the executive committee of the trauma service area regional |
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advisory council. |
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SECTION 4. Section 771.072(g), Health and Safety Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2015. |