HBA-JRA H.B. 1748 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1748 By: Van de Putte Public Health 3/25/1999 Introduced 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 renovate the physical facilities of TCID, construct physical facilities for a tuberculosis research laboratory at The University of Texas Health Science Center at San Antonio, and transfer tuberculosis services and employees, as appropriate, from TCID to The University of Texas Health Science Center at San Antonio, and authorizes the board to coordinate statewide medical management of tuberculosis through The University of Texas Health Center at Tyler. Additionally, this bill 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 Texas Board of Health, the board of regents of The University of Texas System, and the secretary of state in SECTION 3 and that rulemaking authority previously delegated to the Texas Department of Health is transferred to the board of regents of The University of Texas System in SECTION 3 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. RENOVATION OF PHYSICAL FACILITIES OF TEXAS CENTER FOR INFECTIOUS DISEASE. Requires the Texas Board of Health (board) to contract for the renovation of the physical facilities of the Texas Center for Infectious Disease (TCID). Provides that 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 provision of tuberculosis and other health care services and women's health laboratory services. SECTION 2. TUBERCULOSIS AND OTHER HEALTH CARE SERVICES. Requires the board to contract with the board of regents of The University of Texas System (board of regents) to provide all tuberculosis and other health care services and women's health laboratory services that are provided at TCID on the effective date of this Act. SECTION 3. TUBERCULOSIS RESEARCH LABORATORY. (a) Requires the board of regents to contract for the construction of physical facilities for a tuberculosis research laboratory located at The University of Texas Health Science Center at San Antonio to replace the laboratory located at TCID using funds appropriated to The University of Texas System (UT System) for that purpose. (b) Provides that the contract must specify that the physical facilities be constructed to provide all tuberculosis services provided on the effective date of this Act by the tuberculosis research laboratory located at TCID. (c) Requires the board of regents to manage and operate the tuberculosis research laboratory at The University of Texas Health Science Center at San Antonio. (d) Requires the board and the board of regents to adopt a joint memorandum of understanding to facilitate and coordinate the transfer of tuberculosis research laboratory services from TCID to The University of Texas Health Science Center at San Antionio and to transfer employees from the Texas Department of Health (TDH) to UT System if UT System determines that employees are to be transferred. (e) Requires the board and the board of regents, by rule, to adopt the memorandum of understanding. (f) Requires the tuberculosis research laboratory at TCID to close on a date provided by the memorandum of understanding. Transfers all powers, duties, functions, programs, activities, obligations, rights, contracts, records, property, and all funds appropriated by the legislature to TDH relating to the management or operation of the tuberculosis 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 tuberculosis research laboratory means the UT System or The University of Texas Health Science Center at San Antonio, as appropriate. (g) Provides that a rule, policy, procedure, decision, or form adopted by TDH that relates to the management and operation of the tuberculosis research laboratory at TCID is a rule, policy, procedure, decision, or form of the board of regents for the management or operation of The University of Texas Health Science Center at San Antonio and remains in effect until altered by the board. Authorizes the secretary of state to adopt rules as necessary to expedite the implementation of this subsection. 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 include a requirement 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 of the transfer or the tuberculosis research laboratory from TCID to The University of Texas Health Science Center at San Antonio. (b) Provides that a contract entered into by TDH with the board of regents 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. SCHEDULE. Requires the board to enter into the contracts required by this Act by January 1, 2000. Requires UT System to enter into the contract required by Section 3 of this Act by January 1, 2000. Requires the board and the board of regents to adopt the joint memorandum of understanding by Section 4 of this Act by January 1, 2000. SECTION 8. 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 January 1, 2000, or the transfer of the tuberculosis research laboratory to The University of Texas Health Science Center at San Antonio. (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 9. EMERGENCY. Emergency clause. Effective date: upon passage.