1. (a) The committee. The Hospital Data Advisory Committee (committee) shall be appointed under and governed by this section. The committee is established under the Health and Safety Code, §11.016, which allows the Board of Health (board) to establish advisory committees.
2. (b) Applicable law. The committee is subject to the Government Code, Chapter 2110, concerning state agency advisory committees.
3. (c) Purpose. The purpose of the committee is to provide advice to the board on hospital reporting requirements and on interpretation and evaluation of the data received.

4. (d) Tasks.

   1. (1) The committee shall advise the board concerning rules relating to the hospital data reporting and collection system.

   2. (2) The committee shall advise the board concerning the interpretation and evaluation of:

      1. (A) hospital financial data;
      2. (B) hospital utilization data;
      3. (C) patient discharge data; and
      4. (D) mental health and chemical dependency data.
   3. (3) The committee shall carry out any other tasks given to the committee by the board.
5. (e) Review and duration. By May 1, 2003, the board will initiate and complete a review of the committee to determine whether the committee should be continued, consolidated with another committee, or abolished. If the committee is not continued or consolidated, the committee shall be abolished on that date.

6. (f) Composition.

   1. (1) The committee shall be composed of 12 members appointed by the board as follows:

      1. (A) four members from the hospital industry;
      2. (B) two members from the insurance industry;

      3. (C) two members from state agencies as follows:

         1. (i) Texas Department of Mental Health and Mental Retardation; and
         2. (ii) Texas Commission on Alcohol and Drug Abuse;
      4. (D) four consumer members.
   2. (2) Since the composition of the committee as it existed on March 1, 1999, is changed under this section, existing members shall continue to serve until the board appoints the two new consumer members under the new composition. At that time, existing members who no longer qualify under paragraph (1) of this subsection shall be removed from the committee.

7. (g) Terms of office. The term of office of each member shall be six years. Members shall serve after expiration of their term until their successor is appointed.

   1. (1) Members shall be appointed for staggered terms so that the terms of a substantially equivalent number of members will expire on December 31 of each even-numbered year.
   2. (2) If a vacancy occurs, an individual shall be appointed to serve the unexpired portion of that term.

8. (h) Officers. The chairman of the board shall appoint a presiding officer and an assistant presiding officer to begin serving on May 1 of each odd-numbered year.

   1. (1) Each officer shall serve until April 30th of each odd-numbered year. Each officer may holdover until his or her replacement is appointed by the chairman of the board.
   2. (2) The presiding officer shall preside at all committee meetings at which he or she is in attendance, call meetings in accordance with this section, appoint subcommittees of the committee as necessary, and cause proper reports to be made to the board. The presiding officer may serve as an ex-officio member of any subcommittee of the committee.
   3. (3) The assistant presiding officer shall perform the duties of the presiding officer in case of the absence or disability of the presiding officer. If the office of presiding officer becomes vacant, the assistant presiding officer will serve until a successor is appointed to complete the unexpired portion of the term of the office of presiding officer.
   4. (4) If the office of assistant presiding officer becomes vacant, it may be filled temporarily by vote of the committee until a successor is appointed by the chairman of the board.
   5. (5) A member shall serve no more than two consecutive terms as presiding officer and/or assistant presiding officer.
   6. (6) The committee may reference its officers by other terms, such as chairperson and vice-chairperson.
9. (7) The presiding officer and assistant presiding officer serving on January 1, 1999, will continue to serve until the chairman of the board appoints their successors.

10. (i) Meetings. The committee shall meet only as necessary to conduct committee business.

    1. (1) A meeting may be called by agreement of Texas Department of Health (department) staff and either the presiding officer or at least three members of the committee.
    2. (2) Department staff shall make meeting arrangements and shall contact committee members to determine availability for a meeting date and place.
    3. (3) The committee is not a "governmental body" as defined in the Open Meetings Act. However, in order to promote public participation, each meeting of the committee shall be announced and conducted in accordance with the Open Meetings Act, Texas Government Code, Chapter 551, with the exception that the provisions allowing executive sessions shall not apply.
    4. (4) Each member of the committee shall be informed of a committee meeting at least five working days before the meeting.
    5. (5) A simple majority of the members of the committee shall constitute a quorum for the purpose of transacting official business.
    6. (6) The committee is authorized to transact official business only when in a legally constituted meeting with a quorum present.
    7. (7) The agenda for each committee meeting shall include an item entitled public comment under which any person will be allowed to address the committee on matters relating to committee business. The presiding officer may establish procedures for public comment, including a time limit on each comment.

11. (j) Attendance. Members shall attend committee meetings as scheduled. Members shall attend meetings of subcommittees to which the member is assigned.

    1. (1) A member shall notify the presiding officer or appropriate department staff if he or she is unable to attend a scheduled meeting.
    2. (2) It is grounds for removal from the committee if a member cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability, is absent from more than half of the committee and subcommittee meetings during a calendar year, or is absent from at least three consecutive committee meetings.
    3. (3) The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a member exists.
    4. (4) The attendance records of the members shall be reported to the board. The report shall include attendance at committee and subcommittee meetings.
12. (k) Staff. Department staff shall provide administrative support for the committee.

13. (l) Procedures. Roberts Rules of Order, Newly Revised, shall be the basis of parliamentary decisions except where otherwise provided by law or rule.

    1. (1) Any committee action must be approved with a quorum present and by a majority vote of the members present.
    2. (2) Each member shall have one vote.
    3. (3) A member may not authorize another individual to represent the member by proxy.
    4. (4) The committee shall make decisions in the discharge of its duties without discrimination based on any person's race, creed, gender, religion, national origin, age, physical condition, or economic status.

    5. (5) Minutes of each committee meeting shall be taken by department staff.

       1. (A) A draft of the minutes approved by the presiding officer shall be provided to the board and each member of the committee within 30 days of each meeting.
       2. (B) After approval by the committee, the minutes shall be signed by the presiding officer.

14. (m) Subcommittees. The committee may establish subcommittees as necessary to assist the committee in carrying out its duties.

    1. (1) The presiding officer shall appoint members of the committee to serve on subcommittees and to act as subcommittee chairpersons. The presiding officer may also appoint nonmembers of the committee to serve on subcommittees.
    2. (2) Subcommittees shall meet when called by the subcommittee chairperson or when so directed by the committee.
    3. (3) A subcommittee chairperson shall make regular reports to the committee at each of its meetings or in interim written reports as needed. The reports shall include an executive summary or minutes of each subcommittee meeting.

15. (n) Statement by members.

    1. (1) The board, the department, and the committee shall not be bound in any way by any statement or action on the part of any committee member except when a statement or action is in pursuit of specific instructions from the board, department, or committee.
    2. (2) The committee and its members may not participate in legislative activity in the name of the board, the department, or the committee except with approval through the department's legislative process. Committee members are not prohibited from representing themselves or other entities in the legislative process.

16. (o) Reports to board. The committee shall file an annual written report with the board.

    1. (1) The report shall list the meeting dates of the committee and any subcommittees, the attendance records of its members, a brief description of actions taken by the committee, a description of how the committee has accomplished the tasks given to the committee by the board, the status of any rules which were recommended by the committee to the board, and anticipated activities of the committee for the next year.
    2. (2) The report shall identify the costs related to the committee's existence, including the cost of agency staff time spent in support of the committee's activities.
    3. (3) The report shall cover the meetings and activities in the immediate preceding 12 months and shall be filed with the board each May. It shall be signed by the presiding officer and appropriate department staff.

17. (p) Reimbursement for expenses. In accordance with the requirements set forth in the Government Code, Chapter 2110, a committee member may receive reimbursement for the member's expenses incurred for each day the member engages in official committee business if authorized by the General Appropriations Act or budget execution process.

    1. (1) No compensatory per diem shall be paid to committee members unless required by law.
    2. (2) A committee member who is an employee of a state agency, other than the department, may not receive reimbursement for expenses from the department.
    3. (3) A nonmember of the committee who is appointed to serve on a subcommittee may not receive reimbursement for expenses from the department.
    4. (4) Each member who is to be reimbursed for expenses shall submit to staff the member's receipts for expenses and any required official forms no later than 14 days after each committee meeting.
    5. (5) Requests for reimbursement of expenses shall be made on official state travel vouchers prepared by department staff.

Source Note:The provisions of this §13.51 adopted to be effective May 22, 1995, 20 TexReg 3459; amended to be effective April 8, 1999, 24 TexReg 2638.