HBA-MPM H.B. 2202 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2202
By: Tillery
Public Education
4/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there are no school-based health clinics across the state that
provide health services to children without access to health care due to
lack of providers or extreme poverty.  H.B. 2202 authorizes a school
district to establish school-based student health centers (centers) to meet
these needs and authorizes the centers to provide services to a student
only if the district obtains written consent from the student's parent,
guardian, or person having legal control of the student. Furthermore, this
bill authorizes a district to seek assistance in establishing and operating
a health center from any public health agency located in the community, and
requires a public health agency, upon request, to cooperate and provide
assistance to a district to the extent possible; and authorizes the
district and a public health agency to, by agreement, jointly establish,
operate, and fund a health center. This bill also requires the Texas
Education Agency to award grants to assist districts with the costs of
operating health centers and provides that in order to be eligible to
receive a grant for a health center, a district must furnish matching funds
at least equal to the amount received under the grant.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the State Board of Education in SECTION
1 (Section 38.011, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Education Code, by adding Section 38.011, as
follows: 

Sec. 38.011.  SCHOOL-BASED STUDENT HEALTH CENTERS.  (a)  Authorizes a
school district (district) to establish a school-based student health
center (health center) at one or more campuses in the district to meet the
health care needs of students without other access to health care, after
consultation with the appropriate campus-level planning and decisionmaking
committees (committee) established under Subchapter F (District-Level and
SiteBased Decision-Making), Chapter 11 (School Districts), Education Code.
Authorizes the health center to provide services in mental health care,
physical health care, including immunizations, family and home support,
health education, or social services. 

(b)  Authorizes a health center to provide services to a student only if
the district obtains written consent from the student's parent, guardian,
or person having legal control of the student on a consent form developed
by the district.  Provides that the consent form must list each category of
service available at the health center in a format that allows a person to
consent to one or more categories of service.  

(c)  Requires health center staff and person whose consent is obtained
under Subsection (b) to jointly identify any health-related concerns of the
student that may be interfering with the student's ability to succeed in
school and to jointly accept responsibility for addressing those concerns. 

(d)  Authorizes a district to seek assistance in establishing and operating
a health center from any public health agency located in the community.
Requires a public health agency, upon request, to cooperate and provide
assistance to a district to the extent  possible, considering the resources
available to the public health agency.  Authorizes the district and a
public health agency to, by agreement, jointly establish, operate, and fund
a health center. 

(e)  Requires a district to seek all available sources of funding available
to compensate for the cost of services provided by the health center,
including money available under the state Medicaid program or private
health insurance or health benefits plans. 

(f)  Requires the Texas Education Agency (agency) to award grants to assist
districts with the costs of operating health centers in accordance with
this section, subject to available appropriations.  Requires the State
Board of Education (board), after consultation with the Health and Human
Services Commission (commission), by rule, to establish procedures for
awarding grants under this subsection.  Provides that the procedures must
include a statewide competitive process under which the agency evaluates
proposals submitted by districts according to guidelines and objectives
adopted by the board with assistance from the commission.  Prohibits the
agency from awarding more than $250,000 per health center location. 

(g)  Provides that in order to be eligible to receive a grant for a health
center, a district must furnish matching funds at least equal to the amount
received under the grant. Provides that the matching funds may be obtained
from any source available to the district, including community or
foundation donations, individual contributions, and local governmental
agency operating funds. 

SECTION 2.  Requires the agency, with assistance from the commission, to
evaluate the impact of the health centers operating in this state on
student health and student readiness to learn and succeed in school, and to
submit a report on this evaluation to the legislature which includes
recommendations for state funding of health centers no later than January
15, 2001. 

SECTION 3.Emergency clause.
  Effective date: upon passage.