HBA-MPM C.S.H.B. 1444 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1444
By: Delisi
Public Health
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

At the request of the 75th Legislature, a study of the role of local
government in providing public health services was conducted by the Texas
Department of Health (department), the Lyndon Baines Johnson School of
Public Affairs of the University of Texas, the Blackland Research Center,
and the School of Rural Public Health of the Texas A&M University System.
Public health services are defined as population-based services that are
directed to protecting the health of the general public. The study found
that there was a need to address public health issues at a local level. 

C.S.H.B. 1444 amends Chapter 121, Health and Safety Code, to define
essential public health services, and creates a program which provides
program-based grants, determined on a per capita basis, for essential
public health services.  Additionally, this bill creates a local public
health consortium consisting of health science facilities to work with
local health departments and the department. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly granted to the Texas Board of Health in SECTION 2
(Section 121.0065, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 121.002, Health and Safety Code, as follows:

Sec. 121.002.  New title:  DEFINITIONS.  Changes title from "definition" to
"definitions." Defines "essential public health services."  Makes a
nonsubstantive change. 

SECTION 2.  Amends Subchapter A, Chapter 121, Health and Safety Code, by
adding Sections 121.0065, 121.0066, and 121.0067, as follows: 

Sec. 121.0065.  GRANTS FOR ESSENTIAL PUBLIC HEALTH SERVICES.  (a)  Requires
the Texas Department of Health (department), subject to the availability of
funds, to administer a program to appropriate money granted to counties,
municipalities, and public health districts for use by those entities to
provide or pay for essential public health services (services). 

(b)  Authorizes the Texas Board of Health (board) to adopt rules governing
the allocation formula for grants awarded under this section, the manner in
which a municipality, county, or public health district applies for a
grant, the procedures for awarding grants, and the minimum services
provided under the grant and other applicable service standards. 

(c)  Requires a municipality, county, or public health district that
receives a grant to develop in consultation with the department a plan to
evaluate the effectiveness, accessibility, and quality of services provided
under the grant.  Provides that the plan must identify intended outcomes
resulting from the use of the grant money and establish a way to measure
those outcomes.  Provides that the plan must also establish performance
standards for the delivery of the services and a mechanism to measure
compliance with  those standards. 


(d)  Authorizes the governing body of the municipality, the commissioners
court of the county, or the members of a public health district to appoint
a local health board to monitor the use of money received under this
section. 
 
(e)  Authorizes a public health board established under Section 121.034
(Public Health Board) or Section 121.046 (Public Health Board), Health and
Safety Code, to serve as the local health board authorized under Subsection
(d). 

(f) Authorizes the governing body of a municipality or the commissioners
court of a county to serve as the local health board authorized under
Subsection (d).  Authorizes the governing board of the municipality or the
commissioners court of the county to appoint an advisory committee to
advise either body with respect to the use of the money granted under this
section, if either body elects to serve as the local health board. 

(g)  Makes Chapter 783 (Uniform Grant and Contract Management), Government
Code, and standards adopted under it control, if applicable to a grant made
under this section. 

Sec. 121.0066.  ESSENTIAL PUBLIC HEALTH SERVICES PROVIDED BY DEPARTMENT.
Requires the department, subject to the availability of funds, to provide
services for a population for which a municipality, county, or public
health district is not receiving a grant to provide those services under
Section 121.0065, Health and Safety Code. Requires the department to
develop a plan that complies with Section 121.0065(c) to evaluate the
effectiveness, accessibility, and quality of services provided under this
section. 

Sec. 121.0067.  EVALUATION AND REPORT OF DELIVERY OF ESSENTIAL PUBLIC
HEALTH SERVICES.  Requires the department, in cooperation with
municipalities, counties, and public health districts receiving grants, as
well as the consortium established under Subchapter F, to evaluate the
effectiveness, accessibility, and quality of services provided under the
grant program established by Sections 121.0065 and 121.0066, Health and
Safety Code, and the adequacy of funding for those services.  Requires the
department to file a report detailing the results of this evaluation with
the governor and the presiding officer of each house of the legislature.
Authorizes the report to include recommendations relating to legislation to
improve the effectiveness, accessibility, and quality of the services and
the appropriate funding for those services. 

SECTION 3.  Amends Section 121.007(c), Health and Safety Code, to require a
regional director of a public health region to perform the duties of a
health authority in a jurisdiction in a region where there is no health
authority, rather than to do so at the authorization of the board or its
designee. Makes conforming and nonsubstantive changes. 

SECTION 4.  Amends Section 121.028, Health and Safety Code, as follows:

Sec. 121.028.  APPOINTMENT OF HEALTH AUTHORITY. Requires a governing body
or commissioners court that is receiving a grant to appoint a physician as
health authority. Authorizes an individual appointed as health authority to
serve for one or more other jurisdictions under an interlocal contract made
in accordance with Chapter 791 (Interlocal Cooperation Contracts),
Government Code. 

SECTION 5. Amends Section 121.032, Health and Safety Code, as follows:

Sec. 121.032.  POWERS AND DUTIES.  Deletes Subsection (b) regarding
provisions required of a local health department.  Makes a conforming
change. 

SECTION 6.  Amends Chapter 121, Health and Safety Code, by adding
Subchapter F, as follows: 

SUBCHAPTER F.  PUBLIC HEALTH CONSORTIUM
 
Sec. 121.101.  DEFINITION.  Defines "consortium" for purposes of this
subchapter. 

Sec. 121.102.  CONSORTIUM ESTABLISHED.  Requires the department, subject to
availability of funds, to establish a public health consortium composed of
certain health science facilities. 

Sec. 121.103.  GENERAL DUTIES.  Sets forth the required duties of the
consortium in consultation with the department and local health units,
local health departments, and public health districts, subject to the
availability of funds. 

SECTION 7.  Repealer:  Sections 121.007(d) and (e) (Public Health Regions),
Health and Safety Code.  These repealed subsections authorize a regional
director to serve as health authority for a city, county, or public health
district in the absence or incapacity of the jurisdiction's appointed
health authority at the request of the governing body of a municipality,
the commissioners court of a county, the members of a public health
district, or other entity appointed as health authority.  Deletes text
requiring the board to adopt procedural rules for requesting and concurring
in the service by a regional director as appointed health authority, and
further deletes text requiring these rules to adopt procedures to prevent
duplication of authority by the appointed health authority and regional
director. 

SECTION 8.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1444 differs from the original bill as follows:

SECTION 1.  The substitute modifies amendments to Section 121.002, Health
and Safety Code, in the original by altering the proposed definition of
"essential public health services."  It also changes the title of this
section from "Definitions" to "Definitions." 

SECTION 2.  The substitute modifies amendments to Subchapter A, Chapter
121, Health and Safety Code, in the original by deleting proposed
conforming and nonsubstantive changes to Section 121.006, and making
changes to proposed Sections 121.0065, 121.0066, and 121.0067, as follows: 

Sec. 121.0065.  The substitute changes the title of this section from
"Population-Based Grants for Essential Public Health Services" to "Grants
for Essential Public Health Services."  (a) Includes public health
districts among those entities to which the Texas Department of Health
(department) is required to administer a program under which appropriated
money, rather than funds, may be granted.  Adds the stipulation that this
grant is subject to the availability of funds.  

(b)  Redesignated from proposed Subsection (c).  The substitute expands and
modifies the rules the board is required to adopt.  Proposed Subsection (b)
of the original bill requiring the department to determine the amount of a
grant made under the program based on the ratio that the population to be
served under the grant bears to the total number of individuals to be
served under all grants and by the department under Section 121.0066,
Health and Safety Code, is deleted. 

(c)  Redesignated from proposed Subsection (d).  Makes a conforming change.

(d) The substitute presents completely new text for this subsection,
authorizing the governing body of the municipality, the commissioners court
of the county, or the members of a public health district to appoint a
local health board to monitor the use of money received under this section. 

(e)  The substitute presents completely new text for this subsection,
authorizing a public health board established under Section 121.034 (Public
Health Board) or Section 121.046 (Public Health Board), Health and Safety
Code, to serve as the local health board  authorized under Subsection (d).
Deletes Subsection (e) of the original, regarding eligibility requirements
for receiving a grant under this section. 

(f) The substitute presents new completely text for this subsection,
authorizing the governing body of a municipality or the commissioners court
of a county to serve as the local health board authorized under Subsection
(d).  Authorizes the governing board of the municipality or the
commissioners court of the county to appoint an advisory committee to
advise either body with respect to the use of the money granted under this
section, if either body elects to serve as the local health board. 

(g)  Redesignated from proposed Subsection (f) of the original.

Sec. 121.0066.  The substitute makes conforming and nonsubstantive changes
to this section. 

Sec. 121.0067. The substitute changes the original by including public
health districts and the consortium established under Subchapter F among
those entities required to evaluate the effectiveness, accessibility, and
quality of services provided under the grant program established by
Sections 121.0065 and 121.0066, Health and Safety Code, and the adequacy of
funding for those services.  The substitute does not delete existing
Subsection 121.006(d), Health and Safety Code, which was deleted  in the
original, to make a conforming change with respect to the definition of
"public health services." 

SECTION 3.  Makes no change.

SECTION 4.  The substitute modifies amendments to the original Section
121.028, Health and Safety Code, by deleting the qualification that a
municipality or county is receiving a  grant under Section 121.0065, Health
and Safety Code for purposes of appointing a physician as health authority
to administer certain laws relating to public health. Requires, rather than
authorizes, the governing body of a municipality or the commissioners court
of a county described by Subsection (a) that is receiving a grant, rather
than is "not" receiving a grant, under Section 121.0065, Health and Safety
Code, to appoint a physician as health authority. 

SECTION 5.  Makes no change.

SECTION 6.  The substitute modifies Chapter 121, Health and Safety Code, by
changing proposed Subchapter F, as follows: 

SUBCHAPTER F:  The substitute changes the title from "Local Public Health
Consortium" to "Public Health Consortium." 

Sec. 121.101. The substitute changes the title from "Definitions" to
"Definition," and deletes the definition of "health science facilities" set
forth in the original. 

Sec. 121.102.  The substitute stipulates that the department's
establishment of a public health consortium (consortium) is subject to the
availability of funds, and sets forth a list of health science facilities"
composing the consortium. 

Sec. 121.103.  The substitute changes the title of this section from
"Duties of Consortium" to "General Duties."  Requires the department, in
consultation with the consortium and local health units, local health
departments, and public health districts to perform certain duties subject
to the availability of funds.  The original bill required the consortium,
in consultation with the department and local health units, local health
departments, and public health districts to perform certain duties.  The
substitute further expands and modifies the duties set forth in the
original bill.  Provides that training curricula described by this section
may include training for local health authorities, rather than training
related to providing prevention services in conjunction with the delivery
of other public health services. 

The substitute deletes SECTION 7 of the original, which sets forth a
procedure with respect to the appointment of the public health task force,
as well as the definitions of "board" and "department."   
SECTION 7 of the substitute is redesignated from SECTION 8 of the original,
and SECTION 9 (long emergency clause) of the original is redesignated as
SECTION 8 in the substitute.