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