The Senate Health & Human Services committee met to discuss the following agenda items.
S.B. 1560 (Zaffirini) – relating to chemical dependency treatment facilities. (Pending)
- S.B. 1560 would allow physicians to delegate an employee of the facility to obtain consent for medication treatment; the bill amends Section 462.009(e) of the Health and Safety Code
- The bill would allow non-medication consent to be explained in writing and would clarify language related to a patient being admitted after a screening but prior to an assessment
- The bill was created in response to the shortcomings of the DSHS rulemaking process for H.B. 3146 from the 82nd Legislature, which would have required physicians to be physically present to receive a patient’s consent for medication treatment
- Current practice allows for consent to be obtained from facility staff without a physician being physically present, and H.B. 3146 did not intend to inhibit this process
- Committee substitute – would cleanup and modify definition of mental health professional, and include advanced practice RNs and PAs consistent with scope of licenses for these services
- Cannot provide treatment without patient’s consent
- Requires provision of information to patient regarding prescribed medication and adds a requirement that such information should be shared with the patient’s family under certain circumstances
- A physician must meet with the patient within two days of prescription in order to provide pertinent information about the prescribed medication
- Allow patients to waive right to receive medication for research based treatment and other reasons
- Gives Patients the right to refuse unnecessary and excessive medication
- Cleans up terms regarding the admission process to chemical dependency treatment facilities
S.B. 1475 (Garcia) – relating to establishing an enhanced Medicaid managed care consumer support system. (Pending)
- S.B. 1475 would require the HHSC to establish an enhanced Medicaid managed care consumer support system no later than January 1, 2016
- The bill would direct HHSC to request any federal waiver or authorization necessary to implement the provisions of the bill and authorizes the agency to delay implementation of any provision until such waiver or authorization is granted
- The bill would require 6.1 FTEs to implement the system at a cost of $629,159 in FY 2016, and $587,948 in FY 2017 – 2020
- In addition, HHSC estimates 65 contracted community partners would be required to provide the regional
- Barriers to care include difficulty locating providers; this bill will help manage capacity to accommodate new enrollees to the Medicaid Managed Care system by creating a regional network with satellite offices to address beneficiary needs
- The system will also collect data and complaints pertaining to provided care
- Sen. Garcia reiterated that up to $5 billion dollars in Medicaid support could be lost if this system is not implemented
- Sen. Taylor wants to know how the $5 million fiscal note will be paid for; and voiced concern with the enrollee growth behind this program and how it will detract from budget funds to other areas like education and transportation
- The agency indicates system implementation can be accomplished using the $1 million dollar Rider approved
- Committee Substitute:
- No fiscal impact; $1 million Rider will cover the costs
S.B. 1574 (Uresti) – relating to emergency response employee or volunteers and others exposed or potentially exposed to certain diseases or parasites. (Pending)
- S.B. 1574 would amend the Code of Criminal Procedure, the Government Code, and the Health and Safety Code relating to emergency response personnel’s exposure to certain diseases or parasites, including post-exposure testing and related notifications of results
- The bill would require entities that use emergency response employees or volunteers to designate an infection control officer to conduct administrative and investigative duties; doing so allows treatment for exposure to disease in a more timely manner and gives the appointed officer the ability to communicate freely with hospitals, healthcare providers, medical examiners, and funeral directors
- Generally allows EREs to receive the same information peace officers are afforded when coming in contact with bodily fluids and enables EREs to ask that a court order testing of a person whose bodily fluids the ERE came in contact with during interaction
- Committee Substitute:
- Clarifies intent that an infection control officer is an employee of entity using EREs
- Further defines disease
- Requires person appointed to be infection control officer to be trained in relevant healthcare measures and imposes a notification requirement if ERE’s come in contact with bodily fluid
- Has no fiscal impact
- Sen. Campbell commented that her bill is functionally identical and voiced support for S.B. 1574
Public Testimony
Sherry Leighton, Texas Assoc of Substance Abuse Programs
- For S.B. 1560
- Allows facilities to operate more efficiently and cleans up current statute which is very restrictive
- If this bill isn’t passed a number of detoxification facilities in the state will be required to shut down
Robert Slanger, San Antonio Fire Dept
- For S.B. 1574
- Current exposure protocol affects workers’ compensation rules; if not notified of exposure within 10 days of incident, workers comp won’t cover it
Ryan Norris, San Antonio Professional Firefighters Assoc.
- For S.B. 1574
- This bill lets infection control officers to get into the chain of communication with entities doing testing; this allows timely notification of contamination of reportable disease
Anne Dunkelburg, Center for Public Policy Priorities
- For S.B. 1475
- It’s important for this bill to pass because federal entities will look at this program for compliance with 1115, in order to allow a waiver extension
Jamie Dudensing, Texas Assoc. of Health Plans
- For S.B. 1475
- Working with Sen. Garcia on 3 improvements:
- Coordination with current health plan management system
- Ensuring full support for complaints including eligibility and enrollment
- Making sure staff is properly trained and fully understands Medicaid services
Dennis Borel, Coalition of Texans with Disabilities
- For S.B. 1475
- This bill helps to meet growth of managed care in Texas; this is about assistance to access of needed services
Patty Ducayet, State Long-term Care Ombudsman
- For S.B. 1475
- Face to face interaction with those in need of long-term care is paramount
Jessica Cassidy, Texas Legal Services Center
- For S.B. 1475
- The HICAP model utilizing staff operating out of satellite hubs will make this program highly successful and increase consumer satisfaction
Doni Green, Director of Aging, North Central Texas Council of Governments
- For S.B. 1475
Bills Voted on in Committee
SB 354 (Nelson) – relating to the transfer to the HHSC of contracting authority for children’s advocacy centers and volunteer advocate programs.
- Committee substitute adopted, passed, printed, and placed on local and uncontested calendar
SB 914 (Kolkhorst) – relating to a council on long-term care facility surveys and informal dispute resolution.
- Passed, printed, and placed on local and uncontested calendar
SB 1324 (Menendez) – relating to food and beverage consumption in certain public swimming pools.
- Passed, printed, and placed on local and uncontested calendar
SB 1507 (Garcia) – relating to the appointment of forensic medical director responsible for statewide coordination and oversight of forensic mental health services provided by the Department of State Health Services.
- Committee substitute adopted, passed, printed, and placed on local and uncontested calendar
SB 1753 (Campbell) – relating to the identification of requirements of certain health care providers associated with a hospital.
- Committee substitute adopted, passed, printed, and reported to the full Senate