HBA-JRA H.B. 1748 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1748 By: Van de Putte Public Health 7/22/1999 Enrolled BACKGROUND AND PURPOSE Currently, the Texas Department of Health (TDH) operates two hospitals that provide tuberculosis services, the Texas Center for Infectious Diseases (TCID) in San Antonio and the South Texas Hospital in Harlingen. Both hospitals are at a risk of losing accreditation due to aging and deteriorating buildings and lack of adequate operating funds. H.B. 1748 requires the Texas Board of Health (board) to either renovate the existing physical facilities of TCID or construct new facilities for TCID. This bill also requires the board to either renovate the existing facilities or construct new facilities for the mycobacterial-mycology research laboratory at TCID. Additionally, this bill authorizes the board to coordinate statewide medical management of tuberculosis through The University of Texas Health Center at Tyler and requires TDH to collaborate with the United States Immigration and Naturalization Service (INS) regarding transportation of communicable disease patients through INS checkpoints. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the board of regents of The University of Texas System in SECTION 3 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. RENOVATION OR CONSTRUCTION OF PHYSICAL FACILITIES OF TEXAS CENTER FOR INFECTIOUS DISEASE. (a) Requires the Texas Board of Health (board) to contract for the renovation of the existing physical facilities of the Texas Center for Infectious Disease (TCID) or construction of new physical facilities for TCID. (b) Provides that, if the board contracts for renovation of the existing facilities, the contract must specify that the renovations include structural and design changes required for reaccreditation during 1999 by the Joint Commission on Accreditation of Health Care Organizations, compliance with Texas accessibility standards and the federal American with Disabilities Act of 1990, and the continued operation of TCID to provide all tuberculosis, communicable infectious disease health care services, as designated by the commissioner of public health (commissioner), and women's health laboratory services that are provided at the center on the effective date of this Act. (c) Requires the board, if the board contracts for construction of new facilities, to ensure that the facilities are constructed to allow for the provision of all tuberculosis, communicable infectious disease health care services, as designated by the commissioner, and women's health laboratory services that are provided at the center on the effective date of this Act, except those services that the board contracts to be provided at another health care facility. Provides that the contract must specify minimally necessary structural and design renovations to the existing physical facilities required for reaccreditation during 1999 by the Joint Commission on Accreditation of Health Care Organizations, compliance with Texas accessibility standards and the federal American with Disabilities Act of 1990, and the continued operation of the existing facilities until construction of new facilities is completed. SECTION 2. TUBERCULOSIS AND COMMUNICABLE INFECTIOUS DISEASE HEALTH CARE SERVICES. Authorizes the board to contract with the board of regents of The University of Texas System (board of regents) or any other public or private health care entity or provider to provide physicians or other health care professionals who will provide tuberculosis and communicable infectious disease health care services, as designated by the commissioner, at TCID or at another health care facility in proximity to the center. SECTION 3. MYCOBACTERIAL-MYCOLOGY RESEARCH LABORATORY. (a) Requires the board (Board of Health) to contract for the renovation of the existing physical facilities of the mycobacterial-mycology research laboratory located at TCID; construction of new physical facilities for the mycobacterial-mycology research laboratory located at TCID; or construction of physical facilities by The University of Texas System (UT System), if the board of regents agrees to the terms of the contract, for a mycobacterial-mycology research laboratory located at The University of Texas Health Science Center at San Antonio to replace the laboratory located at TCID. (b) Provides that the physical facilities constructed under Subsection (a) must be adequate for the provision of all mycobacterial-mycology services provided on the effective date of this Act by the mycobacterial-mycology research laboratory located at TCID. (c) Requires the board of regents to manage and operate the mycobacterial-mycology research laboratory at The University of Texas Health Science Center at San Antonio if the board contracts with the board of regents for the construction of physical facilities there. (d) Requires the board and the board of regents to adopt a joint memorandum of understanding to facilitate and coordinate the transfer of mycobacterial-mycology research laboratory services from TCID to UT System if the board contracts with the board of regents for the construction of physical facilities at The University of Texas Health Science Center at San Antonio. (e) Requires the mycobacterial-mycology research laboratory at TCID to close on a date provided by the memorandum of understanding. Transfers all powers, duties, functions, programs, activities, rights, contracts, records, property, and all funds appropriated by the legislature to TDH relating to the management or operation of the mycobacterial-mycology research laboratory at TCID to The University of Texas Health Science Center at San Antonio. Provides that a reference in law to TDH or the board that relates to the management and operation of the mycobacterial-mycology research laboratory means the UT System or The University of Texas Health Science Center at San Antonio, as appropriate. (f) Requires the board of regents, before a transfer of the mycobacterial-mycology research laboratory services under a memorandum of understanding under Subsection (d) occurs, to adopt rules and regulations necessary for the operation, control, and management of the mycobacterial-mycology research laboratory at The University of Texas Health Science Center at San Antonio that will take effect when the transfer occurs. SECTION 4. STATEWIDE COORDINATION OF MEDICAL MANAGEMENT OF TUBERCULOSIS. Authorizes the board to contract with the board of regents for the coordination of medical management of tuberculosis throughout this state by The University of Texas Health Center at Tyler. Authorizes the contract to require that the statewide coordination of medical management of tuberculosis include the provision of a full-time medical director; management of a state tuberculosis education center; and, for all health care facilities operated by TDH that provide tuberculosis health care services, credentialling of medical directors, provision of tuberculosis education, medical consultations, and oversight of and protocols for inpatient tuberculosis management, and determination of appropriate placement of tuberculosis patients. SECTION 5. AGREEMENT FOR TRANSPORTATION OF COMMUNICABLE DISEASE PATIENTS. Requires TDH, in cooperation with the governor, to collaborate with the United States Immigration and Naturalization Service to develop a formal agreement regarding transportation of communicable disease patients through Immigration and Naturalization Service checkpoints to TCID. Requires TDH to report the status of negotiations and a summary of TDH activities relating to the agreement to the 77th Legislature. SECTION 6. DISPLACED EMPLOYEES OF TEXAS CENTER FOR INFECTIOUS DISEASE. (a) Requires TDH, to the extent possible, to reassign an employee of TDH at TCID to an open position within TDH for which the employee is qualified if the employee's displacement is due to a contract entered into by TDH under this Act or a transfer of the mycobacterial-mycology research laboratory from TCID to The University of Texas Health Science Center at San Antonio if the board contracts with the board of regents for the construction of physical facilities for the laboratory. (b) Provides that a contract entered into by TDH with the board of regents or any other health care entity or provider under this Act must include a requirement that, to the maximum extent possible as determined by UT System, UT System offer an employee of TCID who is displaced due to the contract a similar position with UT System. SECTION 7. FUTURE USE OF EXISTING FACILITIES. Requires the board, the Texas Department of Mental Health and Mental Retardation, and the General Services Commission to collaborate to prepare leasing and other options for potential future uses of the existing physical facilities on completion of construction of the new physical facilities if the board contracts for construction of new physical facilities for TCID. SECTION 8. SCHEDULE. Requires the board to enter into the contracts required by this Act by September 1, 2000. Requires the board and the board of regents to adopt the joint memorandum of understanding required by Section 3 of this Act by September 1, 2000 if the board contracts with the board of regents for the construction of physical facilities for the mycobacterial-mycology research laboratory. SECTION 9. AMENDMENT. Amends Subchapter B, Chapter 814, Government Code, by adding Section 814.1042, as follows: Sec. 814.1042. TEMPORARY SERVICE RETIREMENT OPTION FOR MEMBERS AFFECTED BY CONTRACTS ENTERED INTO BY TEXAS DEPARTMENT OF HEALTH. (a) Makes this section applicable only to employees whose positions with TDH at TCID are eliminated and who separate from state service as a result of a contract with the board of regents entered into on or after the effective date of this section and on or before September 1, 2000, or a transfer of the mycobacterial-mycology research laboratory to The University of Texas Health Science Center at San Antonio if the board contracts with the board of regents for the construction of physical facilities for the laboratory. (b) Provides that an employee described by Subsection (a) is eligible to retire and receive a service retirement annuity if the member's age and service credit, each increased by three years, would meet age and service requirements for service retirement at the time the employee separates from state service. (c) Provides that an employee described by Subsection (a) is eligible to retire and receive a service retirement annuity on the date on which the employee would have met the age and service requirements for service retirement had the member remained employed by the state if, on the date of separation from state service, the member's age and service credit, each increased by five years, would meet age and service requirements for service retirement. Provides that the annuity of a person is computed on the person's accrued service credit. (d) Authorizes an employee described by Subsection (c), if reemployed by the state before retirement, to use the time between the employee's separation from state service and reemployment only to compute eligibility for service retirement and prohibits it from being used to compute the amount of any service retirement annuity. (e) Requires an employee who applies to retire to provide TDH with documentation required by the retirement system to establish eligibility. (f) Makes this section applicable only to positions eliminated on or after the effective date of this section. SECTION 10. CONTINGENT IMPLEMENTATION. Requires TDH to implement this Act only if the legislature appropriates money specifically for that purpose. SECTION 11. EMERGENCY. Emergency clause. Effective date: upon passage.