82R13387 PMO-D
	By: Zerwas, Kolkhorst, et al.	H.B. No. 273

	A BILL TO BE ENTITLED
	AN ACT
	relating to creation of a study committee for the Interstate Health
	Care Compact.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  FINDINGS. (a) The legislature finds that the
	Interstate Health Care Compact authorizes the legislature to
	suspend the operation of federal laws, rules, regulations, and
	orders regarding health care that are inconsistent with a state law
	or regulation.
	(b)  By exercising the authority described by Subsection (a)
	of this section, the state assumes primary responsibility to
	regulate health care in this state.
	(c)  Alternatively, the legislature may suspend a federal
	law, rule, regulation, or order relating to a limited area of health
	care.
	(d)  By exercising the authority described by Subsection (c)
	of this section, the state assumes primary responsibility to
	regulate health care for only that limited area of health care.
	(e)  The first step toward implementation of the Interstate
	Health Care Compact in this state is the creation of a study
	committee to make recommendations to the governor and legislature
	about the most efficient use of the authority provided by the
	Interstate Health Care Compact.
	SECTION 2.  DEFINITIONS. In this Act:
	(1)  "Committee" means the Texas Health Care Compact
	Advisory Committee.
	(2)  "Compact" means the Interstate Health Care
	Compact.
	(3)  "Health care" means care, services, supplies, or
	plans related to the health of an individual, including:
	(A)  preventive, diagnostic, therapeutic,
	rehabilitative, maintenance, or palliative care, counseling,
	service, assessment, or treatment related to the physical or mental
	condition or function of an individual or the structure or function
	of the body;
	(B)  the sale or dispensing of a drug, device,
	equipment, or other item in accordance with a prescription; and
	(C)  provision or payment by an individual or
	group health benefit plan of the cost of care, services, or supplies
	related to the health of an individual. The term does not include
	care, services, supplies, or plans provided by the United States
	Department of Defense and United States Department of Veterans
	Affairs, or provided to Native Americans.
	SECTION 3.  TEXAS HEALTH CARE COMPACT ADVISORY COMMITTEE.
	The Texas Health Care Compact Advisory Committee is established to
	make recommendations to the legislature and governor on the
	implementation of the Interstate Health Care Compact in this state.
	SECTION 4.  MEMBERSHIP. (a) The committee is composed of 15
	members, appointed as follows:
	(1)  five members appointed by the governor;
	(2)  five members appointed by the lieutenant governor;
	and
	(3)  five members appointed by the speaker of the house
	of representatives.
	(b)  The governor shall select the presiding officer of the
	committee from the membership of the committee.
	SECTION 5.  POWERS AND DUTIES. (a) The committee shall:
	(1)  examine the state's capability to assume
	regulatory authority over health care;
	(2)  recommend:
	(A)  the appropriate scope of authority and
	responsibility for the state consistent with the state's capability
	to assume regulatory authority over health care;
	(B)  an organizational structure to exercise
	regulatory authority over health care;
	(C)  a timetable for implementation; and
	(D)  specific amendments to state laws and
	regulations that are necessary to implement the committee's
	recommendations under this subdivision; and
	(3)  estimate funding requirements to implement the
	recommendations.
	(b)  The committee shall hold public hearings on the state's
	capability to assume regulatory authority over health care.
	(c)  The committee may adopt rules necessary to conduct
	business under and implement this Act.
	SECTION 6.  SUPPORT. (a)  The committee may request
	assistance from any state executive or legislative governmental
	entity.
	(b)  The committee may solicit and accept gifts and grants
	for the support of the committee's activities.
	(c)  The legislature may appropriate funds for the support of
	the committee's activities.
	(d)  The committee may employ staff.
	SECTION 7.  REPORT. Not later than December 1, 2012, the
	committee shall report to the governor and the legislature the
	recommendations made under Section 5 of this Act.
	SECTION 8.  EXPIRATION.  This Act expires August 31, 2013.
	SECTION 9.  EFFECTIVE DATE.  This Act takes effect September
	1, 2011, but only if Senate Bill 25 or another bill of the 82nd
	Legislature, Regular Session, 2011, enacting the Interstate Health
	Care Compact becomes law. If that bill does not become law, this Act
	has no effect.