HEALTH & SAFETY CODE
CHAPTER 104. STATEWIDE HEALTH COORDINATING COUNCIL AND STATE HEALTH
PLAN
SUBCHAPTER A. GENERAL PROVISIONS
§ 104.001. POLICY; PURPOSE. (a) The policy of this
state and the purpose of this chapter are to:
(1) ensure that health care services and facilities
are available to all citizens in an orderly and economical manner;
and
(2) meet the requirements of applicable federal law.
(b) To achieve this purpose it is essential that:
(1) appropriate health planning activities are
undertaken and implemented; and
(2) health care services and facilities are provided
in a cost-effective manner, compatible with the health care needs
of the different areas and populations of the state.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 18, eff. Sept. 1, 1993.
§ 104.002. DEFINITION. In this chapter, "health care
facility" means a public or private hospital, skilled nursing
facility, intermediate care facility, ambulatory surgical
facility, family planning clinic that performs ambulatory surgical
procedures, rural or urban health initiative clinic, kidney disease
treatment facility, inpatient rehabilitation facility, and any
other facility designated a health care facility by federal law.
The term does not include the office of physicians or practitioners
of the healing arts practicing individually or in groups.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 104.003. FEDERAL LAW. A reference in this chapter to
federal law is a reference to any pertinent federal authority,
including:
(1) the National Health Planning and Resources
Development Act of 1974 (Pub. L. No. 93-641) , as amended by the
Health Planning and Resources Development Amendments of 1979 (Pub.
L. No. 96-79);
(2) Public Laws 79-725, 88-164, 89-749, and 92-603;
and
(3) the federal rules and regulations adopted under a
law specified by Subdivision (1) or (2).
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 104.004. INTERAGENCY COOPERATION. Each state agency,
department, instrumentality, grantee, political subdivision, and
institution of higher education shall cooperate with the department
in performing assigned duties and functions.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 104.005. LIMITATIONS ON POWERS OF DEPARTMENT. This
chapter does not authorize the department or an official or
employee of the department to:
(1) supervise or control the practice of medicine, the
manner in which physician's services in private practice are
provided, or the selection, tenure, compensation, or fees of a
physician in the delivery of physician's services; or
(2) perform a duty or function under Title XI of the
Social Security Act (42 U.S.C. § 1301 et seq.) or a rule or
regulation adopted under that Act.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
SUBCHAPTER B. STATEWIDE HEALTH COORDINATING COUNCIL
§ 104.011. COMPOSITION OF COUNCIL. (a) The statewide
health coordinating council is composed of 17 members determined as
follows:
(1) the commissioner of health and human services or a
representative designated by the commissioner;
(2) the presiding officer of the Texas Higher
Education Coordinating Board or a representative designated by the
presiding officer;
(3) the presiding officer of the department or a
representative designated by the presiding officer;
(4) the presiding officer of the Texas Department of
Mental Health and Mental Retardation or a representative designated
by the presiding officer; and
(5) the following members appointed by the governor:
(A) three health care professionals from the
allied health, dental, medical, mental health, and pharmacy
professions, no two of whom may be from the same profession;
(B) one registered nurse;
(C) two representatives of a university or
health-related institution of higher education;
(D) one representative of a junior or community
college with a nursing program;
(E) one hospital administrator;
(F) one managed care administrator; and
(G) four public members.
(b) The appointments of the governor shall be with the
advice and consent of the senate.
(c) The governor shall designate a member of the council as
the presiding officer of the council to serve in that capacity at
the will of the governor.
(d) Appointments to the council shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointees.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 19, eff. Sept. 1, 1993; Acts
1997, 75th Leg., ch. 1386, § 1, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1411, § 11.01, eff. Sept. 1, 1999; Acts 2003,
78th Leg., ch. 198, § 2.192(a), eff. Sept. 1, 2003.
§ 104.0111. CONFLICT OF INTEREST. (a) In this
section, "Texas trade association" means a cooperative and
voluntarily joined association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the statewide health
coordinating council if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of medicine;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of medicine.
(c) A person may not be a member of the council if the person
is required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on behalf
of a profession related to the operation of the council.
Added by Acts 1999, 76th Leg., ch. 1411, § 11.02, eff. Sept. 1,
1999.
§ 104.0112. GROUNDS FOR REMOVAL. (a) It is a ground
for removal from the statewide health coordinating council that a
member:
(1) does not have at the time of taking office the
qualifications required by Section 104.011(a);
(2) does not maintain during service on the council
the qualifications required by Section 104.011(a);
(3) is ineligible for membership under Section
104.0111;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled council meetings that the member is eligible to attend
during a calendar year without an excuse approved by a majority vote
of the council.
(b) The validity of an action of the council is not affected
by the fact that it is taken when a ground for removal of a council
member exists.
(c) If the commissioner has knowledge that a potential
ground for removal exists, the commissioner shall notify the
presiding officer of the council of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
commissioner shall notify the next highest ranking officer of the
council, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 1999, 76th Leg., ch. 1411, § 11.02, eff. Sept. 1,
1999.
§ 104.0113. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the statewide health
coordinating council may not vote, deliberate, or be counted as a
member in attendance at a meeting of the council until the person
completes a training program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the council;
(2) the programs operated by the council;
(3) the role and functions of the council;
(4) the rules of the council;
(5) the current budget for the council;
(6) the results of the most recent formal audit of the
council;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
council or the Texas Ethics Commission.
(c) A person appointed to the council is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
Added by Acts 1999, 76th Leg., ch. 1411, § 11.02, eff. Sept. 1,
1999.
§ 104.0115. TERMS. (a) Members of the council serve
for staggered six-year terms, with the terms of four or five members
expiring August 31 of each odd-numbered year.
(b) An appointment to fill a vacancy is for the unexpired
term.
Added by Acts 1993, 73rd Leg., ch. 747, § 20, eff. Sept. 1, 1993.
Amended by Acts 2003, 78th Leg., ch. 728, § 6, eff. June 20,
2003.
§ 104.012. RULES. The statewide health coordinating
council shall adopt rules governing the development and
implementation of the state health plan.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 104.013. FEES. The statewide health coordinating
council may establish and charge fees for public health planning,
data, and statistical services.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 104.014. ASSISTANCE. The department, in accordance
with rules adopted by the statewide health coordinating council,
shall assist the council in performing the council's duties and
functions.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 104.0141. DIVISION OF POLICY AND MANAGEMENT
RESPONSIBILITIES. The statewide health coordinating council shall
develop and implement policies that clearly separate the
policymaking responsibilities of the council and the management
responsibilities of the commissioner and the staff of the
department.
Added by Acts 1999, 76th Leg., ch. 1411, § 11.03, eff. Sept. 1,
1999.
§ 104.0142. INFORMATION ABOUT STANDARDS OF
CONDUCT. The commissioner or the commissioner's designee shall
provide to members of the statewide health coordinating council, as
often as necessary, information regarding the requirements for
office under this chapter, including information regarding a
person's responsibilities under applicable laws relating to
standards of conduct for state officers.
Added by Acts 1999, 76th Leg., ch. 1411, § 11.03, eff. Sept. 1,
1999.
§ 104.015. ADVISORY BOARDS AND AD HOC COMMITTEES. The
statewide health coordinating council may form advisory boards or
ad hoc committees composed of health care experts from the public
and private sectors to review policy matters related to the
council's purpose.
Added by Acts 1997, 75th Leg., ch. 1386, § 2, eff. Sept. 1, 1997.
§ 104.0155. NURSING ADVISORY COMMITTEE. (a) The
statewide health coordinating council shall form a nursing advisory
committee the majority of the members of which must be nurses. The
committee:
(1) must include:
(A) members of associations that represent
nurses, educators of nurses, and employers of nurses;
(B) members who represent nurse licensing
boards; and
(C) a nurse researcher; and
(2) may include other members who are health care
experts from the public or private sector, nurses, nurse educators,
employers of nurses, or consumers of nursing services.
(b) The committee shall:
(1) review policy matters on the collection of data
and reports performed under Chapter 105 that relate to the nursing
profession;
(2) subject to approval of the council, develop
priorities and an operations plan for the nursing resource section
under Section 105.002(b); and
(3) review reports and information before
dissemination.
(c) A nurse member of the committee and a nurse member of the
statewide health coordinating council shall cochair the committee.
(d) Chapter 2110, Government Code, does not apply to the
committee formed under this section.
(e) Meetings of the committee under this section are subject
to Chapter 551, Government Code.
Added by Acts 2003, 78th Leg., ch. 728, § 7, eff. June 20, 2003.
§ 104.016. PUBLIC TESTIMONY. The statewide health
coordinating council shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the council and to speak on any issue under the jurisdiction of the
council.
Added by Acts 1999, 76th Leg., ch. 1411, § 11.04, eff. Sept. 1,
1999.
SUBCHAPTER C. STATE HEALTH PLAN
§ 104.021. PROPOSED STATE HEALTH PLAN. (a) The
department, in accordance with rules adopted by the statewide
health coordinating council, shall prepare and review a proposed
state health plan every six years and shall revise and update the
plan biennially.
(b) The department shall submit the proposed plan to the
statewide health coordinating council.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1993, 73rd Leg., ch. 747, § 21, eff. Sept. 1, 1993.
§ 104.022. STATE HEALTH PLAN. (a) Information needed
for the development of the state health plan shall be gathered
through systematic methods designed to include local, regional, and
statewide perspectives.
(b) The statewide health coordinating council, in
consultation with the Health and Human Services Commission, shall
issue overall directives for the development of the state health
plan.
(c) The department shall consult with the Texas Department
of Mental Health and Mental Retardation, the Texas Department of
Human Services, and other appropriate health-related state
agencies designated by the governor before performing the duties
and functions prescribed by state and federal law regarding the
development of the state health plan.
(d) The statewide health coordinating council shall provide
guidance to the department in developing the state health plan.
(e) The state health plan shall be developed and used in
accordance with applicable state and federal law. The plan must
identify:
(1) major statewide health concerns;
(2) the availability and use of current health
resources of the state, including resources associated with
state-supported institutions of higher education; and
(3) future health service and facility needs of the
state.
(f) The state health plan must:
(1) propose strategies for the correction of major
deficiencies in the service delivery system;
(2) propose strategies for involving state-supported
institutions of higher education in providing health services and
for coordinating those efforts with health and human services
agencies in order to close gaps in services; and
(3) provide direction for the state's legislative and
executive decision-making processes to implement the strategies
proposed by the plan.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 627, § 3, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 747, § 22, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 76, § 8.126, eff. Sept. 1, 1995.
§ 104.023. REVIEW OF STATE HEALTH PLAN. The statewide
health coordinating council shall submit the state health plan to
the Health and Human Services Commission for review and comment
before the plan is sent to the governor.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 1991, 72nd Leg., ch. 627, § 14, eff. Sept. 1, 1991; Acts
1995, 74th Leg., ch. 76, § 8.127, eff. Sept. 1, 1995.
§ 104.024. SUBMISSION OF PLAN TO GOVERNOR. The
statewide health coordinating council shall approve the state
health plan for submission to the governor in accordance with
applicable federal law and, not later than November 1 of each
even-numbered year, submit the plan to the governor for adoption.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 104.025. IMPLEMENTATION OF STATE HEALTH PLAN. The
statewide health coordinating council shall promote the
implementation of the recommendations made in the state health
plan.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 104.026. COST DATA. (a) A state agency directly
affected by a recommendation in the state health plan shall submit
cost data for the implementation of the recommendation to the
department and to the statewide health coordinating council, and
shall indicate whether the agency is requesting funds in a manner
consistent with the plan's recommendation.
(b) If the agency does not request funds consistent with the
state health plan's recommendation, the agency shall submit an
explanation and justification of any deviation.
(c) The department shall submit information received under
this section to the Legislative Budget Board and the governor's
budget office not later than November 1 of each even-numbered year.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
SUBCHAPTER D. THE DEPARTMENT AND THE STATE HEALTH PLAN
§ 104.041. STATE HEALTH PLANNING AND DEVELOPMENT
AGENCY. (a) The department is the state health planning and
development agency for this state.
(b) After a public hearing and with the governor's approval,
the department may contract with an appropriate state agency to
perform specific state health planning and development functions of
the department.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
§ 104.042. DATA COLLECTION. (a) The board by rule
shall establish reasonable procedures for the collection of data
from health care facilities and for the distribution of data
necessary to facilitate and expedite proper and effective health
planning and resource development.
(b) The board by rule shall specify the type of data
required, the entities required to submit the data, and the period
during which the data must be submitted.
(c) The department, in accordance with rules adopted by the
statewide health coordinating council, shall collect and
distribute data necessary to support specific state health plan
goals.
(d) The department shall file, index, and periodically
publish in a coherent manner summaries or analyses of the data
collected.
(e) Data received by the department under this section
containing information identifying specific persons or health care
facilities is confidential, is not subject to disclosure under
Chapter 552, Government Code, and may not be released unless all
identifying information is removed.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989. Amended
by Acts 2003, 78th Leg., ch. 728, § 8, eff. June 20, 2003.
§ 104.0421. STATEWIDE DATA COLLECTION AND
COORDINATION. (a) The statewide health coordinating council
shall work with appropriate health professional licensing agencies
to develop uniform standards for health professional data collected
by those agencies to enable the council to maintain a comprehensive
health professional database.
(b) The council shall retrieve data on health professionals
from the appropriate licensing agencies. The council may seek the
assistance of the appropriate licensing agency or department in the
retrieval of data on health professionals.
(c) The council shall monitor and evaluate long-term
regional, statewide, and local health needs. The council shall use
this evaluation for developing recommendations relating to health
education, training, and regulation.
(d) The council shall use data collected under this section
to develop workforce goals for health professionals and to
recommend the appropriate level and distribution of state funding
for education and training to achieve these goals. The council
shall evaluate the short-term and long-term effects of the
recommendations made under this subsection.
(e) The council shall, with the assistance of higher
education agencies and institutions, area health education
centers, teaching hospitals, and health education institutions,
improve coordination of statewide health planning. The council may
seek the assistance of the National Association of Health Data
Organizations, the Association of American Medical Colleges, the
National Council of State Legislatures, the American Association of
Colleges of Osteopathic Medicine, the Association of American
Health Centers, and any other appropriate entities.
(f) The department shall continue to assist the council and
the health professions resource center with the development of the
state health plan. The council shall coordinate related health
planning functions within the department. The staff of the health
professions resource center shall continue to be department
employees but are governed by the council. The staff of the Bureau
of State Health Data and Policy Analysis that previously assisted
the council shall continue to assist the council.
Added by Acts 1997, 75th Leg., ch. 1386, § 8, eff. Sept. 1, 1997.
§ 104.043. FAILURE TO SUBMIT DATA; CIVIL
PENALTY. (a) If the department does not receive necessary data
from an entity as required by the board rules, the department shall
send to the entity a notice requiring the entity to submit the data
not later than the 30th day after the date on which the entity
receives the notice.
(b) An entity that does not submit the data during the
period determined under Subsection (a) is subject to a civil
penalty of not more than $500 for each day after the period that the
entity fails to submit the data.
(c) At the request of the commissioner, the attorney general
shall sue in the name of the state to recover the civil penalty.
Acts 1989, 71st Leg., ch. 678, § 1, eff. Sept. 1, 1989.
