Bill Text: TX HB26 | 2011 | 82nd Legislature 1st Special | Engrossed
Bill Title: Relating to the containment of costs incurred in the correctional health care system and to studies regarding delivery of health care services by certain nurses.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2011-06-22 - Received from the House [HB26 Detail]
Download: Texas-2011-HB26-Engrossed.html
| By: Madden | H.B. No. 26 | |
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| relating to the containment of costs incurred in the correctional | ||
| health care system and to studies regarding delivery of health care | ||
| services by certain nurses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 499, Government Code, is | ||
| amended by adding Section 499.055 to read as follows: | ||
| Sec. 499.055. POPULATION MANAGEMENT BASED ON INMATE HEALTH. | ||
| The department shall adopt policies designed to manage inmate | ||
| population based on similar health conditions suffered by inmates. | ||
| The policies adopted under this section must maximize | ||
| organizational efficiencies and reduce health care costs to the | ||
| department by housing inmates with similar health conditions in the | ||
| same unit or units that are, if possible, served by or located near | ||
| one or more specialty health care providers most likely to be needed | ||
| for the treatment of the health condition. | ||
| SECTION 2. (a) Section 501.063, Government Code, is | ||
| amended to read as follows: | ||
| Sec. 501.063. INMATE FEE [ |
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| CARE [ |
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| or under contract with the department, other than a halfway house, | ||
| who initiates a visit to a health care provider shall pay a health | ||
| care services fee [ |
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| of $100 [ |
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| (2) The fee imposed under Subdivision (1) covers all | ||
| visits to a health care provider that the inmate initiates until the | ||
| first anniversary of the imposition of the fee. | ||
| (3) The inmate shall pay [ |
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| out of the inmate's trust fund. If the balance in the fund is | ||
| insufficient to cover the fee [ |
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| deposit to the fund shall be applied toward the balance owed until | ||
| the total amount owed is paid. | ||
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| before any deductions are made from an inmate's trust fund under | ||
| this section [ |
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| required by Subsection (a). | ||
| (c) [ |
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| health care as a result of the inmate's failure or inability to pay | ||
| a fee under this section [ |
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| (d) [ |
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| this section in an account in the general revenue fund that may be | ||
| used only to pay the cost of correctional health care | ||
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| year, the comptroller shall transfer any surplus from the preceding | ||
| fiscal year to the state treasury to the credit of the general | ||
| revenue fund. | ||
| (b) Effective September 1, 2015, Section 501.063, | ||
| Government Code, is amended to read as follows: | ||
| Sec. 501.063. INMATE COPAYMENTS FOR CERTAIN HEALTH CARE | ||
| VISITS. (a) An inmate confined in a facility operated by or under | ||
| contract with the department, other than a halfway house, who | ||
| initiates a visit to a health care provider shall make a copayment | ||
| to the department in the amount of $3. The inmate shall make the | ||
| copayment out of the inmate's trust fund. If the balance in the | ||
| fund is insufficient to cover the copayment, 50 percent of each | ||
| deposit to the fund shall be applied toward the balance owed until | ||
| the total amount owed is paid. | ||
| (b) The department may not charge a copayment for health | ||
| care: | ||
| (1) provided in response to a life-threatening or | ||
| emergency situation affecting the inmate's health; | ||
| (2) initiated by the department; | ||
| (3) initiated by the health care provider or | ||
| consisting of routine follow-up, prenatal, or chronic care; or | ||
| (4) provided under a contractual obligation that is | ||
| established under the Interstate Corrections Compact or under an | ||
| agreement with another state that precludes assessing a copayment. | ||
| (c) The department shall adopt policies to ensure that | ||
| before an inmate initiates a visit to a health care provider, the | ||
| inmate is informed that a $3 copayment will be deducted from the | ||
| inmate's trust fund as required by Subsection (a). | ||
| (d) The department may not deny an inmate access to health | ||
| care as a result of the inmate's failure or inability to make a | ||
| copayment. | ||
| (e) The department shall deposit money received under this | ||
| section in an account in the general revenue fund that may be used | ||
| only to pay the cost of administering this section. At the | ||
| beginning of each fiscal year, the comptroller shall transfer any | ||
| surplus from the preceding fiscal year to the state treasury to the | ||
| credit of the general revenue fund. | ||
| SECTION 3. Subchapter B, Chapter 501, Government Code, is | ||
| amended by adding Section 501.067 to read as follows: | ||
| Sec. 501.067. AVAILABILITY OF CERTAIN MEDICATION. (a) In | ||
| this section, "over-the-counter medication" means medication that | ||
| may legally be sold and purchased without a prescription. | ||
| (b) The department shall make over-the-counter medication | ||
| available for purchase by inmates in each inmate commissary | ||
| operated by or under contract with the department. | ||
| (c) The department may not deny an inmate access to | ||
| over-the-counter medications as a result of the inmate's inability | ||
| to pay for the medication. The department shall pay for the cost of | ||
| over-the-counter medication for inmates who are unable to pay for | ||
| the medication out of the profits of inmate commissaries operated | ||
| by or under contract with the department. | ||
| (d) The department may adopt policies concerning the sale | ||
| and purchase of over-the-counter medication under this section as | ||
| necessary to ensure the safety and security of inmates in the | ||
| custody of, and employees of, the department, including policies | ||
| concerning the quantities and types of over-the-counter medication | ||
| that may be sold and purchased under this section. | ||
| SECTION 4. Section 501.147(d), Government Code, is amended | ||
| to read as follows: | ||
| (d) Notwithstanding Subsection (c) or any other provision | ||
| of this subchapter [ |
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| may [ |
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| contracts [ |
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| confined by the department. | ||
| SECTION 5. Subchapter E, Chapter 501, Government Code, is | ||
| amended by adding Section 501.1485 to read as follows: | ||
| Sec. 501.1485. CORRECTIONS MEDICATION AIDES. (a) The | ||
| department, in cooperation with The University of Texas Medical | ||
| Branch at Galveston and the Texas Tech University Health Sciences | ||
| Center, shall develop and implement a training program for | ||
| corrections medication aides that uses a curriculum specific to | ||
| administering medication in a correctional setting. | ||
| (b) In developing the curriculum for the training program, | ||
| the department, The University of Texas Medical Branch at | ||
| Galveston, and the Texas Tech University Health Sciences Center | ||
| shall: | ||
| (1) consider the content of the curriculum developed | ||
| by the American Correctional Association for certified corrections | ||
| nurses; and | ||
| (2) modify as appropriate the content of the | ||
| curriculum developed under Chapter 242, Health and Safety Code, for | ||
| medication aides administering medication in convalescent and | ||
| nursing homes and related institutions to produce content suitable | ||
| for administering medication in a correctional setting. | ||
| (c) The department shall submit an application for the | ||
| approval of a training program developed under this section, | ||
| including the curriculum, to the Department of Aging and Disability | ||
| Services in the manner established by the executive commissioner of | ||
| the Health and Human Services Commission under Section 161.083, | ||
| Human Resources Code. | ||
| SECTION 6. Section 251.012, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 251.012. EXEMPTIONS FROM LICENSING REQUIREMENT. The | ||
| following facilities are not required to be licensed under this | ||
| chapter: | ||
| (1) a home and community support services agency | ||
| licensed under Chapter 142 with a home dialysis designation; | ||
| (2) a hospital licensed under Chapter 241 that | ||
| provides dialysis only to individuals receiving: | ||
| (A) [ |
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| from the hospital; or | ||
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| due to a disaster declared by the governor or a federal disaster | ||
| declared by the president of the United States occurring in this | ||
| state or another state during the term of the disaster declaration; | ||
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| (3) a hospital operated by or on behalf of the state as | ||
| part of the managed health care provider network established under | ||
| Chapter 501, Government Code, that provides dialysis only to | ||
| individuals receiving: | ||
| (A) inpatient services from the hospital; or | ||
| (B) outpatient services while serving a term of | ||
| confinement in a facility operated by or under contract with the | ||
| Texas Department of Criminal Justice; | ||
| (4) an end stage renal disease facility operated by or | ||
| on behalf of the state as part of the managed health care provider | ||
| network established under Chapter 501, Government Code, that | ||
| provides dialysis only to individuals receiving those services | ||
| while serving a term of confinement in a facility operated by or | ||
| under contract with the Texas Department of Criminal Justice; or | ||
| (5) the office of a physician unless the office is used | ||
| primarily as an end stage renal disease facility. | ||
| SECTION 7. Subchapter D, Chapter 161, Human Resources Code, | ||
| is amended by adding Section 161.083 to read as follows: | ||
| Sec. 161.083. CORRECTIONS MEDICATION AIDES. (a) The | ||
| executive commissioner shall establish: | ||
| (1) minimum standards and procedures for the approval | ||
| of corrections medication aide training programs, including | ||
| curricula, developed under Section 501.1485, Government Code; | ||
| (2) minimum requirements for the issuance, denial, | ||
| renewal, suspension, and revocation of a permit to a corrections | ||
| medication aide, including the payment of an application or renewal | ||
| fee in an amount necessary to cover the costs incurred by the | ||
| department in administering this section; and | ||
| (3) the acts and practices that are within and outside | ||
| the scope of a permit issued under this section. | ||
| (b) Not later than the 90th day after receipt of an | ||
| application for approval of a corrections medication aide training | ||
| program developed under Section 501.1485, Government Code, the | ||
| department shall: | ||
| (1) approve the program, if the program meets the | ||
| minimum standards and procedures established under Subsection | ||
| (a)(1); or | ||
| (2) provide notice to the Texas Department of Criminal | ||
| Justice that the program is not approved and include in the notice a | ||
| description of the actions that are required for the program to be | ||
| approved. | ||
| (c) The department shall issue a permit to or renew the | ||
| permit of an applicant who meets the minimum requirements | ||
| established under Subsection (a)(2). The department shall | ||
| coordinate with the Texas Department of Criminal Justice in the | ||
| performance of the department's duties and functions under this | ||
| subsection. | ||
| SECTION 8. INTERIM STUDY OF INDEPENDENT PRESCRIPTIVE | ||
| AUTHORITY FOR ADVANCED PRACTICE REGISTERED NURSES. (a) The | ||
| speaker of the house and the lieutenant governor shall create and | ||
| appoint a joint interim committee composed of a combination of | ||
| legislators, state officials and citizen members to conduct a joint | ||
| study as described by Subsection (b). | ||
| (b) The study shall examine the independent authority of | ||
| advanced practice registered nurses to diagnose and prescribe drugs | ||
| and medical devices within the scope of the health care providers' | ||
| practice and license, including the impact on inmate health in | ||
| Texas Department of Criminal Justice facilities, including any the | ||
| potential cost savings and other foreseeable consequences of | ||
| expanding the authority in the Nursing Practice Act of advanced | ||
| practice registered nurses in Texas Department of Criminal Justice | ||
| facilities to prescribe medication to patients without statutory | ||
| requirements for physician delegation or collaboration. | ||
| (c) Not later than January 1, 2013, the committees shall | ||
| report the committees' finding and recommendations to the | ||
| lieutenant governor, the speaker of the house of representatives, | ||
| and the governor. The committees shall include in their | ||
| recommendations specific changes to statutes and agency rules that | ||
| may be necessary according to the results of the committees' study | ||
| conducted under this section. | ||
| (d) Not later than November 1, 2011, the lieutenant governor | ||
| and the speaker of the house of representatives shall issue the | ||
| joint interim charge required by this section. | ||
| (e) This section expires January 1, 2013. | ||
| SECTION 9. (a) The Institute for Health Policy at the | ||
| School of Public Health at The University of Texas Health Science | ||
| Center at Houston shall study, with respect to patients who receive | ||
| health care services from an advanced practice nurse, as that term | ||
| is defined in Section 301.152, Occupations Code, patient safety and | ||
| outcomes, including quality of care, health care costs, access to | ||
| health care, and any other measures determined by the institute. | ||
| (b) Not later than October 15, 2012, the Institute for | ||
| Health Policy shall report its findings to the governor, the | ||
| lieutenant governor, the speaker of the house of representatives, | ||
| the Senate Health and Human Services Committee or its successor, | ||
| and the House Public Health Committee or its successor and the joint | ||
| interim committee created and appointed to study independent | ||
| prescriptive authority for advanced practice registered nurses. | ||
| (c) This section expires September 1, 2013. | ||
| SECTION 10. (a) The change in law made by this Act to | ||
| Section 501.147(d), Government Code, does not affect a contract | ||
| executed before the effective date of this Act. Such a contract is | ||
| governed by the law as it existed immediately before the effective | ||
| date of this Act, and that law is continued in effect for that | ||
| purpose. | ||
| (b) The amendment of Section 501.147(d), Government Code, | ||
| by this Act prevails over any conflicting amendment of that section | ||
| by S.B. No. 1 of the 82nd Legislature, 1st Called Session, 2011, | ||
| regardless of the relative dates of enactment. | ||
| SECTION 11. (a) The Texas Department of Criminal Justice, | ||
| in cooperation with The University of Texas Medical Branch at | ||
| Galveston, the Texas Tech University Health Sciences Center, or a | ||
| successor correctional managed health care provider, shall develop | ||
| the training program required by Section 501.1485, Government Code, | ||
| as added by this Act, and the department shall submit an application | ||
| for approval of that program, as required by Subsection (c) of that | ||
| section, not later than January 1, 2012. If after the effective | ||
| date of this Act and before the date the department develops the | ||
| training program described by this subsection The University of | ||
| Texas Medical Branch at Galveston and the Texas Tech University | ||
| Health Sciences Center are no longer represented on the | ||
| Correctional Managed Health Care Committee, or no longer serve as | ||
| correctional managed health care providers, the executive director | ||
| of the department shall request and receive the cooperation of any | ||
| other state agency determined by the executive director to be an | ||
| appropriate resource in the development of the program. | ||
| (b) The change in law made by this Act in amending Section | ||
| 251.012, Health and Safety Code, applies only to dialysis services | ||
| provided on or after the effective date of this Act. Dialysis | ||
| services provided before the effective date of this Act are covered | ||
| by the law in effect immediately before that date, and the former | ||
| law is continued in effect for that purpose. | ||
| (c) The executive commissioner of the Health and Human | ||
| Services Commission shall establish the minimum standards and | ||
| requirements and the acts and practices allowed or prohibited, as | ||
| required by Section 161.083, Human Resources Code, as added by this | ||
| Act, not later than January 1, 2012. | ||
| SECTION 12. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
