Bill Text: TX HB2244 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to expanding the use of and funding for promotoras, patient health navigators, and community health workers in this state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-10 - Referred to Public Health [HB2244 Detail]
Download: Texas-2011-HB2244-Introduced.html
82R2729 SJM-F | ||
By: Zerwas | H.B. No. 2244 |
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relating to expanding the use of and funding for promotoras, | ||
patient health navigators, and community health workers in this | ||
state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 48, Health and Safety Code, is amended to | ||
read as follows: | ||
CHAPTER 48. [ |
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NAVIGATORS, AND COMMUNITY HEALTH WORKERS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 48.001. DEFINITIONS. In this chapter: | ||
(1) "Advisory committee" means the Promotora Program | ||
Development Advisory Committee. | ||
(2) "Commission" means the Health and Human Services | ||
Commission. | ||
(3) "Compensation" includes receiving payment or | ||
receiving reimbursement for expenses. | ||
(4) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(5) [ |
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"community health worker" means a person who, with or without | ||
compensation, provides a liaison between health care providers and | ||
patients through activities that may include activities such as | ||
assisting in case conferences, providing patient education, making | ||
referrals to health and social services, conducting needs | ||
assessments, distributing surveys to identify barriers to health | ||
care delivery, making home visits, and providing bilingual language | ||
services. | ||
SUBCHAPTER B. TRAINING AND REGULATION OF PROMOTORAS, PATIENT | ||
HEALTH NAVIGATORS, AND COMMUNITY HEALTH WORKERS | ||
Sec. 48.051 [ |
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AND COMMUNITY HEALTH WORKER TRAINING PROGRAM. (a) The commission | ||
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train and educate persons who act as promotoras, patient health | ||
navigators, or community health workers. In establishing the | ||
training program, the commission [ |
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possible, shall consider the report and any findings of the | ||
advisory committee and implement any applicable recommendations of | ||
the advisory committee [ |
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(b) Participation in a training and education program | ||
established under this section is voluntary for a promotora, | ||
patient health navigator, or community health worker who provides | ||
services without receiving any compensation and mandatory for a | ||
promotora, patient health navigator, or community health worker who | ||
provides services for compensation. The executive commissioner | ||
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navigator, or community health worker from mandatory training who | ||
has served for three or more years or who has 1,000 or more hours of | ||
experience. | ||
Sec. 48.052 [ |
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PROMOTORAS, PATIENT HEALTH NAVIGATORS, AND COMMUNITY HEALTH | ||
WORKERS. (a) The commission [ |
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operate a certification program for persons who act as promotoras, | ||
patient health navigators, or community health workers. In | ||
establishing the program, the executive commissioner [ |
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adopt rules that provide minimum standards and guidelines, | ||
including participation in the training and education program under | ||
Section 48.051 [ |
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under this section. In adopting the minimum standards and | ||
guidelines, the executive commissioner [ |
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report and any findings of the advisory committee and adopt any | ||
applicable recommendations of the advisory committee [ |
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(b) Receipt of a certificate issued under this section may | ||
not be a requirement for a person to act as a promotora, patient | ||
health navigator, or community health worker without receiving any | ||
compensation and is a requirement for a person to act as a | ||
promotora, patient health navigator, or community health worker for | ||
compensation. | ||
(c) The commission [ |
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shall require health and human services agencies to use certified | ||
promotoras to the extent possible in health outreach and education | ||
programs for recipients of medical assistance under Chapter 32, | ||
Human Resources Code. | ||
Sec. 48.053. RULES. The executive commissioner shall adopt | ||
rules for the administration of this subchapter. | ||
SUBCHAPTER C. MAXIMIZING BENEFITS FROM EMPLOYMENT OF | ||
PROMOTORAS, PATIENT HEALTH NAVIGATORS, AND COMMUNITY HEALTH | ||
WORKERS | ||
Sec. 48.101. PROMOTORA PROGRAM DEVELOPMENT ADVISORY | ||
COMMITTEE. (a) The commission shall establish a statewide | ||
Promotora Program Development Advisory Committee composed of | ||
representatives from relevant entities and state agencies | ||
appointed by the executive commissioner. The executive | ||
commissioner shall appoint a member of the advisory committee as | ||
presiding officer of the advisory committee. | ||
(b) The advisory committee shall assist the commission in: | ||
(1) developing the model plan described by Section | ||
48.102; | ||
(2) interpreting, including performing a cost-benefit | ||
analysis, the results of studies and other information related to | ||
the employment and funding of promotoras, patient health | ||
navigators, and community health workers; | ||
(3) developing recommendations for a sustainable | ||
program for promotoras, patient health navigators, and community | ||
health workers consistent with the purposes of this subchapter; and | ||
(4) preparing the report required by Section 48.103. | ||
(c) Chapter 2110, Government Code, applies to the advisory | ||
committee. | ||
Sec. 48.102. MODEL PLAN. The commission shall create and | ||
implement a model plan to: | ||
(1) maximize the employment of and access to | ||
promotoras, patient health navigators, and community health | ||
workers where practicable; and | ||
(2) expand funding and reimbursement for services | ||
provided by promotoras, patient health navigators, and community | ||
health workers. | ||
Sec. 48.103. COMMISSION STUDY. (a) The commission shall: | ||
(1) study the desirability and feasibility of | ||
employing promotoras, patient health navigators, and community | ||
health workers to provide publicly and privately funded health | ||
services in this state; and | ||
(2) explore methods of funding and reimbursing | ||
promotoras, patient health navigators, and community health | ||
workers for the provision of health care services. | ||
(b) In conducting the study required by Subsection (a), the | ||
commission shall consult: | ||
(1) relevant national organizations engaged in the | ||
development of community health worker policy; | ||
(2) the advisory committee; and | ||
(3) other individuals or organizations the commission | ||
considers necessary to prepare and implement the model plan under | ||
Section 48.102. | ||
(c) The commission shall use the findings of the study | ||
required by Subsection (a) in creating and implementing the model | ||
plan under Section 48.102. | ||
(d) On or before December 1, 2012, the commission shall | ||
submit to the legislature a report regarding the impact of the | ||
implementation of the model plan described by Section 48.102 on: | ||
(1) the cost of avoidable health care expenses in this | ||
state; | ||
(2) the efficiency and quality of health care services | ||
provided in this state; and | ||
(3) the access of individuals in this state to health | ||
care services. | ||
(e) This section expires December 31, 2012. | ||
SECTION 2. The heading to Subtitle B, Title 2, Health and | ||
Safety Code, is amended to read as follows: | ||
SUBTITLE B. [ |
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SECTION 3. Not later than December 31, 2011, the Health and | ||
Human Services Commission shall: | ||
(1) establish the Promotora Program Development | ||
Advisory Committee as required by Section 48.101, Health and Safety | ||
Code, as added by this Act; | ||
(2) adopt the rules required by Section 48.053, Health | ||
and Safety Code, as added by this Act; and | ||
(3) implement the model plan required by Section | ||
48.102, Health and Safety Code, as added by this Act. | ||
SECTION 4. (a) On September 1, 2011, the promotora, patient | ||
health navigator, and community health worker training program | ||
described by Section 48.051, Health and Safety Code, as added by | ||
this Act, and the certification program for promotoras, patient | ||
health navigators, and community health workers described by | ||
Section 48.052, Health and Safety Code, as added by this Act, are | ||
transferred from the Department of State Health Services to the | ||
Health and Human Services Commission. | ||
(b) The rules of the promotora, patient health navigator, | ||
and community health worker training program and certification | ||
program for promotoras, patient health navigators, and community | ||
health workers are continued in effect until superseded by rules | ||
adopted by the executive commissioner of the Health and Human | ||
Services Commission. | ||
SECTION 5. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 6. 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, 2011. |