TITLE 25.HEALTH SERVICES

Part 6. STATEWIDE HEALTH COORDINATING COUNCIL

Chapter 571. HEALTH PLANNING AND RESOURCE DEVELOPMENT

The Texas Statewide Health Coordinating Council (council) proposes an amendment to §571.1, new §571.2, and the repeal of §§571.2 - 571.7 concerning purpose, general provisions, officers, meetings, committees, state health plan, and plan implementation. In accordance with the Texas Health and Safety Code, Chapter 104, the council proposes the following changes to the rules.

Government Code, §2001.039, requires that each state agency review and consider for readoption each rule adopted by that agency pursuant to the Government Code, Chapter 2001 (Administrative Procedure Act). The council has reviewed §§571.1 - 571.7 and has determined that reasons for adopting the sections continue to exist; however, changes were necessary as described in this preamble.

The council published a Notice of Intention to Review §§571.1 - 571.7 in the November 22, 2002, issue of the Texas Register (27 TexReg 10958). No comments were received concerning the publication of notice.

The council proposes an amendment to §571.1 by incorporating existing §571.2 into this section. The council proposes establishing a new §571.2 by incorporating all of existing §571.6 and §571.7 into new §571.2. These changes will make the council's rules easier to read and to periodically revise.

The council proposes the repeal of §§571.3 - 571.7. The result of the repeal will be to remove all sections relating to the internal operations of the council and allow the council to place them in the council bylaws. This will support a more efficient council operation that would allow changes relating to its internal operation to be made by vote of the council rather than through the lengthy rulemaking process. This should also result in streamlining state government operations.

Ben G. Raimer, M.D., Chair of the Council, has determined that for each year of the first five years the sections are in effect, there will be no fiscal impact on state and local governments.

Dr. Raimer has also determined that for each year of the first five years the sections are in effect, the public benefit anticipated as a result of enforcing the sections will be the revisions of the rules of the council ensuring more efficient exercise of the council's duties. There will be no cost effects on micro-businesses or small businesses since the rules affect only the procedural operations of the council. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no anticipated impact on local employment.

Comments on the proposal may be submitted to Connie Turney, Statewide Health Coordinating Council Project Director, Office of Strategic Health Planning, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7261. Comments will be accepted for 30 days following publication of this proposal in the Texas Register .

25 TAC §571.1, §571.2

The amendment and new section are proposed under the Health and Safety Code, §104.012 and §104.021, which provide the council with the authority to adopt rules concerning the development and implementation of the state health plan.

The amendment and new section affect the Health and Safety Code, Chapter 104.

§571.1. General Provisions [ Purpose ].

(a) Purpose. The purpose of the Statewide Health Coordinating Council (council) is to review and assess major statewide health concerns and the availability and use of the state's health resources, including higher education resources, for addressing these issues in order to provide direction for the state's legislative and executive policy making processes.

(b) Conflict of interest. A member who has a personal or private interest in a measure, proposal, or decision pending before the council shall publicly disclose the fact to the council in a meeting. The member may not vote or otherwise participate in the decision or discussion. The disclosure shall be entered in the minutes of the meeting. An individual does not have a "personal or private interest" in a measure, proposal, or decision if the individual is engaged in a profession, trade, or occupation and the individual's interest is the same as all others similarly engaged in the profession, trade, or occupation.

(c) Assistance. The Texas Department of Health (department) shall assist the council in performing the council's duties and functions as described in a memorandum of understanding between the council and the department.

§571.2.State Health Plan and Plan Implementation.

(a) Proposed state health plan. 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. The council approves the state health plan for submission to the governor for adoption.

(b) Periodic issue papers. The council may direct the department to prepare periodic issue papers analyzing important issues within the scope of the Health and Safety Code, §104.022, for the purpose of informing other governmental entities and the public regarding health concerns facing the state and options for addressing them.

(c) Recommendations. On the basis of periodic issue papers and other information gathered by the council, the council shall prepare recommendations that will be part of the state health plan.

(d) Public comment. The council shall give priority to soliciting public comment from throughout the state on the proposed plan and shall direct the department to prepare and make such revisions to the plan as it considers appropriate.

(e) Plan presentation. The council shall develop and direct strategies for presentation of appropriate sections of the state health plan to the legislature.

(f) Plan implementation. The legislative committee shall develop and submit to the council proposals and strategies for presentation of the state health plan to the legislature and for implementation of the plan.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 18, 2003.

TRD-200302545

Ben G. Raimer, M.D.

Chair

Statewide Health Coordinating Council

Earliest possible date of adoption: June 1, 2003

For further information, please call: (512) 458-7236


25 TAC §§571.2 - 571.7

(Editor's note: The text of the following sections proposed for repeal will not be published. The sections may be examined in the offices of the Statewide Health Coordinating Council or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)

The repeals are proposed under the Health and Safety Code, §104.012 and §104.021, which provide the council with the authority to adopt rules concerning the development and implementation of the state health plan.

The repeals affect the Health and Safety Code, Chapter 104.

§571.2.General Provisions.

§571.3.Officers.

§571.4.Meetings.

§571.5.Committees.

§571.6.State Health Plan.

§571.7.Plan Implementation.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State on April 18, 2003.

TRD-200302546

Ben G. Raimer, M.D.

Chair

Statewide Health Coordinating Council

Earliest possible date of adoption: June 1, 2003

For further information, please call: (512) 458-7236