HBA-NRS H.B. 2446 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2446
By: Glaze
Public Health
3/22/2001
Introduced



BACKGROUND AND PURPOSE 

In its interim report to the 77th Texas Legislature, the House Committee on
Public Health (committee) examined the requirements imposed on emergency
medical service (EMS) providers in rural areas and determined whether
individual requirements encourage or hinder the provision of services. The
committee outlined several policy options including allowing an advisory
council to advise the Texas Board of Health (board) on emergency medical
services, allowing counties to reimburse EMS providers under the Indigent
Health Care and Treatment Act at Medicaid rates, and considering the
standardization and simplification of EMS terminology and classification of
providers. The committee also met with the Texas Department of Health
(TDH), which recommended establishing a peer assistance program and
providing confidentiality for the regional advisory council's quality
improvement and data process. House Bill 2446 addresses the recommendations
outlined in the interim report along with recommendations by TDH. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.  

ANALYSIS

House Bill 2446 amends the Health and Safety Code to require the governor
to ensure that approximately one half of the members of the advisory
council that advises the Texas Board of Health (board) regarding matters
related to the responsibilities of the board, the commissioner of health
(commissioner), and the Texas Department of Health (department) under the
Emergency Medical Services Act are residents of rural areas of the state.
The bill requires the advisory council to assess the need for emergency
medical services in rural areas and to develop a strategic plan for
refining the educational requirements for certification and maintaining
certification as emergency medical services personnel and for developing
emergency medical services and trauma care systems (Sec. 773.012).  

The bill authorizes the department to establish, approve, and fund a peer
assistance program in accordance with minimum criteria established by the
Texas Commission on Alcohol and Drug Abuse and in accordance with board
rules (Sec. 773.013). The bill provides that the proceedings and records of
organized committees of emergency medical services and trauma care systems
relating to the review, evaluation, or improvement of such systems are
confidential and not subject to disclosure by court subpoena or otherwise
(Sec. 773.095).  

The bill requires a trauma care facility to be designated by the
department's bureau of emergency management according to the level of
trauma care and services provided in accordance with the American College
of Surgeons guidelines for level I and level II trauma facilities and rules
adopted by the board for level III and IV trauma facilities. The bill
removes the level V trauma designation (Sec. 773.115). 

H.B. 2446 amends the Government Code to include survivors of an emergency
services volunteer, an emergency care attendant, and a licensed paramedic
in the list of those eligible for financial assistance through the
Employees Retirement System of Texas (Sec. 615.003).  
 
The bill amends the Health and Safety Code to authorize a county, in
accordance with department rules, to receive payments through Medicaid for
emergency medical services provided under the Indigent Health Care and
Treatment Act (Sec. 61.0285).  

The bill modifies the composition of the advisory committee for the
executive committee of the Center for Rural Health Initiatives to include
an individual who provides emergency medical services in a rural area who
is certified or licensed as an emergency care attendant or at a higher
level of training. 

EFFECTIVE DATE

September 1, 2001.