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TASCS End-Of-Session Report For The 88th Texas Legislative Session

The Texas ASC Society, along with Congress Avenue Partners, spoke up and out on important industry topics during this year’s legislative session.

texas ambulatory surgery center society txlege

Throughout the year, the Texas Ambulatory Surgery Center Society’s (TASCS) advocacy and regulatory efforts are enhanced, thanks to its lobby team, Congress Avenue Partners (CAP). A large part of the government relations and public affairs firm’s strategies come into play during the Texas legislative session. This year alone, the team tracked approximately 300 bills for TASCS, due in large part because members filed a record number of bills after coming off the pandemic session in 2021.  In addition, the budget surplus added to the increase in bill filing, as members saw this session as a once-in-a-lifetime opportunity to make investments in new and existing programs.  

tascs member in txlege office

Prior to session, TASCS and CAP anticipated the legislature’s intent in addressing big health care issues, and how ambulatory surgery centers could be caught up in blanket legislation, with broad definitions of health care facility or health care provider, and this is exactly what happened. The legislature was laser focused on transparency related to health care facilities, physicians, and providers in a way that we have not seen before. Members filed bills to restrict physician/provider authority, eliminate fees, mandate price controls, and require specific payment methods. While claiming these changes would lower health care costs and provide greater consumer protections, the practical outcome would have distorted the health care marketplace, jeopardized the livelihood of providers, resulted in significant financial losses or increased costs for providers, and/or contributed to the rising prices of health care for the consumer.  

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TASCS + ASCA: Advocating For High-Quality, Cost-Effective Healthcare In Texas

National Advocacy Day helps build relationships with policymakers who make decisions that directly impact ambulatory surgery centers – facilities that provide same-day surgical care.

national advocacy day

This week, Texas Ambulatory Surgery Center Society (TASCS) Board Members Akshay Tavkar of Kelsey-Seybold Clinic and Kayla Schneeweiss-Keene of Mann Cataract Surgery Center, Executive Director Krista DuRapau, and honorary Texan Amanda Penrod of RFX Solutions participated in the Ambulatory Surgery Center Association’s (ASCA) National Advocacy Day.

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How to Comply with Senate Bill 809 and Report Emergency Funds

Texas Health and Human Services explains how to meet the requirements of SB 809, so ASCs can properly report on emergency health funds procured during the pandemic.

During the 87th Texas legislative session, Senate Bill 809 passed, which requires several healthcare institutions to report emergency funds for COVID-19, as well as how much has been spent related to the public health emergency. Texas Health and Human Services’ senior financial analyst for hospital finance, Tori Ponson, and the organization’s senior financial analyst for acute care, Mohib Nawab, went over this new bill and its requirements with TASCS members.

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Effects Of The Pandemic: ASCs’ Critical Role & The Nursing Shortage

While the pandemic has led to a nursing shortage, it also reminded people of the importance of ambulatory surgery centers.

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87th Texas Legislative End-Of-Session Report

 
 
As we pull our minds out of Session Mode and review the last five months, we’re caught somewhere between astonishment and relief. At the close of the interim, Texas was staring down one of the most challenging social, economic, and political periods in modern American history. We watched COVID-19 rage around the globe and a controversial Presidential election play out, and anxiously waited to determine the capacity of the 87th Legislature. Our mid-2020 revenue update from Texas Comptroller of Public Accounts (CPA) Glenn Hegar was grim, projecting a fiscal 2021 ending shortfall of almost $5B and a severe reduction in General Revenue-Related (GR-R) funds. State agencies and higher education institutions were directed to identify savings within their budgets that would reduce total GR and GR-R appropriations by five percent, and budget writers were charged with leveraging every available dollar to help Texans facing a global pandemic, a recession, and mass unemployment.
 
Amidst all of this, the 87th Texas Legislature got to work. House District 21 Rep. Dade Phelan was sworn in as Speaker of the House with broad support, and his endorsement from Gov. Greg Abbott suggested some much-needed harmony among state leadership. January’s revenue estimates from the Comptroller were surprisingly optimistic, projecting a much smaller shortfall and a little more flexibility in GR-R. We were reminded to be cautious, but able to exhale and enjoy Texas’ economic resilience. The Governor announced his priorities for the session and the Senate lowered the threshold of votes required to bring bills to the floor in a way that (almost magically) extended precedence to Republican legislative priorities. House and Senate committee assignments mitigated possible discord between the chambers by establishing Republicans as Chairs of nearly every powerful committee. Really, the biggest uncertainty (COVID-19 aside) was when we would receive updated Census numbers. Redistricting committees scheduled hearings and sought stakeholder feedback with little more than a hypothetical to work with. It was uncomfortable and hectic, but “Better the devil you know…”.
 
February’s winter storm was the devil we hadn’t met. The grief visited upon Texas homes and the realization that our carefully designed system didn’t protect them inspired grief in everyone else. We all wanted accountability, but no one seemed to know who was in charge. Finger-pointing was executed so freely we thought someone would lose an eye. The Public Utility Commission (PUC) of Texas and the Electric Reliability Council of Texas (ERCOT) were both—voluntarily or otherwise—gutted of their leadership. A flurry of bills was drafted and debated, and we appeared on the verge of dramatically changing Texas’ energy market structure. From a strictly logistical perspective, we were already short on time—bills were still awaiting committee referrals when Winter Storm Uri swept through Texas. Legislators, many of whom experienced the consequences of the storm firsthand, became consumed with finding a fix. For about a month Uri was the lead in every story, and you were an energy expert whether or not you’d ever intended to be. Between the infrastructural damage, grid-wide debt incurred by the emergency pricing protocol, the funds lost due to load-shed, and more, the storm created so much financial devastation that a recovery seemed impossible. The crises of the day expanded and multiplied, delaying the legislative process and further taxing a budget process that was already filled with difficult decisions.
 
Though seemingly impossible, by the end of April—we had House and Senate versions of a two-year budget in hand. Both documents incorporated the five percent reduction to agency budgets, stayed within constitutional spending limits, and honored last session’s commitments to education and public health in addition to prioritizing public safety. The chambers’ symbiosis was enhanced by a May revenue estimate from the CPA projecting increased ending balances for this biennium and the next, as well as improved conditions for the Economic Stabilization Fund (ESF or “Rainy Day Fund”) for 2022-23. The Conference Committee’s work was accepted by both chambers in the final week of May, and but for the contention regarding distribution of federal funds, it was a conflict-free process. HB 2, the supplemental appropriations bill, was also passed without a hitch.
 
Elections, abortion, bail reform, broadband, public safety, religious and second amendment freedoms, etc. have dominated the last few weeks of session. While a few of those priorities have crossed the finish line, we’re not going to be able to tie this session up with a bow and lay it to rest. Though we’ve received new census numbers (and with them, two new U.S. Congressional seats), there will still be a special session required to finalize redistricting. Sixteen billion dollars in federal COVID-19 relief funds are on their way, and the Governor and Legislature have been playing tug-of-war with federal monies since well before the session started. The Lieutenant Governor recently called for another special session after several of his priorities died on the House floor; and in the last 48 hours of session, Democratic House Members organized a walk-out to prevent a final vote on SB 7—this session’s highly controversial elections bill and one of Gov. Greg Abbott’s priorities. The Governor shortly thereafter responded by promising that the issue would be taken up during a special session (without specifying when that would take place) and expressing his intent to veto state budget appropriations for the legislative branch. “No pay for those who abandon their responsibilities. Stay tuned.” 
 
In recent days since Sine Die, the Governor spoke to the estimated timing of a special session or two, stating there will be two special sessions: one on redistricting and COVID relief funds in September or October, and the other occurring before the Fall 2nd called Special.  The 2nd called Special Session agenda will include SB 7, bail reform, and other issues yet to be determined.  In other words… we’ll see you soon for the 87th First and Second Called Special Sessions.

TASCS’s Capitol Day during the 87th Texas Legislative Session

Last week, the Texas Ambulatory Surgery Center Society (TASCS) held its bi-annual Capitol Day virtually. The event was a success that included meetings with a focus group of ambulatory surgery center (ASC) members and various legislative offices, including a welcome kick-off from Senator Dawn Buckingham, MD herself. 

Texas Senator Dawn Buckingham welcomes TASCS Capitol Day to discuss 87th Legislative Session initiatives concerning the healthcare industry.

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TASCS Testifies In Support Of SB 1763

TASCS testifies at the Capitol supporting SB 1763 by Sen. Drew Springer, adding an ASC Representative to the Governor’s EMS and Trauma Advisory Council (GETAC) 

On Tuesday, April 13, 2021, Krista DuRapau, Executive Director for Texas Ambulatory Surgery Center Society, and Steve Blom, Administrator Texas Orthopedics Surgery Center and past TASCS Board Member, testified to the Texas Senate in support of SB 1763 by Sen. Drew Springer which adds an ASC representative to the Governor’s EMS and Trauma Advisory Council (GETAC).   HB 3605 by Rep. John Turner is the House companion. 

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Legislative Recap WE 2/25/21

 

 

The chaos caused by Texas’ winter storm didn’t die down this week so much as it shifted its focus and expanded its reach. Legislative activity resumed and intensified in the midst of the ongoing fallout of Texas’ winter storm, and committees of both the House and Senate held marathon meetings to determine root causes and assign accountability for the crisis. Legislators pressed for answers regarding what went wrong and who was at fault, but largely confronted the reality of systemwide failures and more than enough blame to go around. Testimony was lengthy and exhaustive, but did reveal common themes for the failures from which the state is trying to recover:

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Legislative Recap WE 2/20/21

Gavel to Gavel

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Legislative Recap WE 2/5/21

 

 

 
 

 

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Legislative Recap WE 1/29/21

Gov. Greg Abbott announced this week that he will give the 2021 “State of the State” address on Monday, February 1, 2021 at 7:00 p.m. CT. This address will include an update on Texas’ response to COVID-19, commendations of exceptional Texans, and the Governor’s priorities for the 87th Legislature—setting up the possibility of a handful of emergency items for  the Legislature to consider immediately.
 
Senate Redistricting Committee hearings got underway this week, facing all the same challenges as the rest of the legislative process. Usually conducted during the interim and all throughout the state, these meetings will be held in Austin and the witnesses will testify via two-way videoconferencing. While Committee members were already flying blind without 2020 census data, this week delivered a further blow to their efforts when the U.S. Census Bureau announced that updated population estimates will likely not be available until the end of July. Though hardly a surprise, this does almost guarantee that the Legislature will have to reconvene for a special session.
 
House Speaker Dade Phelan indicated that we can look for House Committee Assignments next week, meaning that legislative deliberations over the House and Senate base budget bills can begin in earnest. It is expected that we will see Appropriations Committee meetings align with those of the Senate Finance Committee, which is scheduled to have its first hearing February 8th.
 
Also in the House, the five-man special election for House District 68 yielded a runoff between Republicans Craig Carter (18.07%) and David Spiller (43.88%). A date for the run-off has not yet been set. HD68 was formerly held by now-Sen. Drew Springer.
 
Over the weekend the Department of State Health Services (DSHS) announced that the state would receive 332,750 first doses of COVID-19 vaccine for the seventh week of vaccine distribution. Those doses were shipped to 212 providers across the state, including 82 large hub providers. The state is ordering 216,350 second doses for individuals that received their first dose a few weeks ago.
Texas Headlines
After 32 years at the agency, Texas Department of Transportation Executive Director James Bass set to retire in May
 

Governor Abbott Executive Order Relating to protection of Texas's energy industry from federal overreach.
 

With a stalled court system, some Texas jails are dangerously overcrowded in the pandemic

 
Texas surpasses 2 million confirmed COVID-19 cases
 

Without census numbers, Texas Senate digs into redistricting with a look at West Texas
 

Census delays will force Texas lawmakers into a special session to redraw political maps
 

Texas rolls out mobile COVID-19 vaccination clinics, starting in rural counties
 

Point of Order: Funding Texas schools during a pandemic
 

Food banks urge lawmakers to stop funding cuts to program assisting hungry Texans
 

TribCast: How Joe Biden's immigration orders are playing out in Texas
 

Gov. Greg Abbott pushes Legislature to protect businesses from coronavirus-related lawsuits
Countdown to Sine Die
motionmailapp.com
 
 
 
What to Expect Next Week
View this document for scheduled legislative meetings. 
Priority Bill Tracking Report
Please click HERE to review bills tracked through January 29, 2021.
Relevant State & Federal COVID-19 Updates from the Week
Please click HERE to read the COVID-19 Updates from the week. 
 

Legislative Recap WE 1/22/21

From our TASCS Lobbyist


The highlight of this week was the House and Senate releasing their base budgets for the 2022-2023 biennium. Both chambers proposed General Revenue expenditures of $119.7 billion, staying under the Legislative Budget Board’s 7.06 percent spending limit. Senate Finance Committee Chair Jane Nelson referenced the “many tools available to balance this budget, which will require us to re-establish our priorities, stretch every dollar and find more efficient ways to deliver services.” The budgets are notably similar, prioritizing teacher’s retirement funding and the investments in public education that were made last session, providing funding for Medicaid caseload growth, and increasing funding for mental health initiatives. Budget hearings are predicted to begin in February. 
 
Both chambers will convene on January 26th, and the House will convene again on the 27th, before adjourning until the following Tuesday, February 2nd.  Remember also that the race to replace former Rep. Drew Springer in House District 68 will be Saturday, January 23rd. We will send out a report as soon as the results are in.
 
On Thursday, President Joe Biden’s Chief Medical Adviser Dr. Anthony Fauci discussed new COVID-19 variants found in South Africa and Brazil. Early evidence suggests that the new variants show greater resistance to the body’s immune response than the dominant strain, and could potentially slightly decrease the effectiveness of the vaccine.  He underscored the importance of widespread mask-wearing and immunization.
 
President Biden also released the new administration’s National Strategy for The COVID-19 Response and Pandemic Preparedness. The document outlines a strategy to mitigate the spread of the virus through expanded mask-wearing, testing, and public health guidance; utilize the Defense Production Act to increase production of vaccination and testing supplies; advance health equity for racial and ethnic groups disproportionately affected by the virus; and increase protections for workers while reopening schools and businesses. This strategy was accompanied by multiple COVID-19-specific executive orders.
 
This week, the Department of State Health Services (DSHS) received 333,650 first doses of COVID-19. DSHS requested that those doses be shipped to 260 providers across the state, including 77 large hub providers.
Texas Headlines
Toxic substance or water supply? Lawmakers to weigh whether wastewater from oil fields could replenish the state's aquifers
 

Success in scramble to succeed Sen. Springer in the Texas House could rely on shifting population
 

Lt. Gov. Dan Patrick Statement on the Texas Senate Budget
 

TribCast: What the new Biden administration means for Texas
 

Texas employers applaud bills to prevent surprise taxes on PPP loans
 

Health officials issue dire warning as Texas sees its worst COVID-19 outbreak
 

Watch: New Texas senators discuss plans to address COVID-19’s impact on health, businesses
 

Reversing Donald Trump policy, Joe Biden will include undocumented immigrants in critical census count
 

Pandemic drives worst annual job losses on record for Texas
 

Texas has a problem with its COVID-19 vaccination data, and the stakes are high. Now the state is scrambling to solve it.
 

Dan Patrick asks Texas to revise coronavirus vaccine distribution plan as eligible people experience frustration trying to locate a dose
What to Expect Next Week
View this document for scheduled legislative meetings. 
Priority Bill Tracking Report
Please click HERE to review bills tracked through January 22, 2021.
Relevant State & Federal COVID-19 Updates from the Week
Please click HERE to read the COVID-19 Updates from the week. 

Legislative Recap WE 1/16/21

From our TASCS Lobbyist

Opening week of the 87thLegislative Session started with better-than-expected news from the Comptroller of Public Accounts. While previous estimates warned of a $4.6 billion deficit, revised estimates place that closer to $1 billion. Additionally, we are entering the session with $112.5 billion available for general-purpose spending during the 2022-23 biennium, just 4% shy of the funds available for the previous session. This is a relief for budget-writers as they try to craft a balanced budget.
 
On Tuesday, the Texas House and Senate gaveled in the 87thTexas Legislature. Rep. Dade Phelan was sworn in as the Speaker of the House of Representatives while Sen. Brian Birdwell was elected President Pro Tempore of the Texas Senate. Both chambers are now adjourned until January 26th, but the rules of procedure were passed before their departure. The most significant change to the Senate rules was a measure lowering the threshold of votes required to bring a bill to the floor to 18 votes, or a three-fifths majority.  Not coincidentally, there are 18 Republicans in the Texas Senate.
 
In the House, the most controversial alteration to the rules was removed almost as quickly as it was introduced. The “Consensus Calendar” was intended to address the time-constraints of the 87thSession and would be charged with bills which, “…in the opinion of the Committee on Calendars, could be considered expeditiously with limited debate.” This provision would include restricted time for speeches and disincentives to introducing amendments during second reading. It was struck from the rules on Thursday with an amendment introduced by Rep. Todd Hunter.
 
Both sets of rules contain amendments in response to the COVID-19 pandemic. The House rules relax the restrictions around emergency adjournment, require face coverings, and expand the information required in hearing notices to ensure access for constituents, but do not allow for virtual testimony. The Senate rules do not directly allude to the pandemic, but consolidate and streamline operations by removing the Committees on Agriculture and Property Tax, adding the Committee on Jurisprudence, and renaming the Committee on Intergovernmental Relations as the Committee on Local Government and the Committee on Water and Rural Affairs as the Committee on Water, Agriculture, and Rural Affairs. The rules also restrict media presence to a designated press area, rather than the whole floor.
 
The rules for both chambers also address redistricting, which will likely take place in a special session as the latest Census numbers are not expected until April. While neither set of rules specifically addresses COVID-19, the Senate rules allow for videoconferencing during regional hearings if a) those meetings are held the capitol and the witness is not in the same physical location, b) the witness is clearly visible and audible, and c) they submit a witness affirmation form prior to testifying.
 
Lt. Governor Dan Patrick released committee assignments which can be found here.  House Committee preference requests from members are due on January 22nd. We will send out a release as soon as committee assignments are posted.  
 
Late last week, the Department of State Health Services (DSHS) released the COVID-19 vaccination hub provider locations. Twenty-eight large providers will receive 158,825 doses of vaccine, allocated according to the number of people each provider estimated it could vaccinate in a week. DSHS and the Texas Department of Emergency Management (TDEM) have released an updated provider map displaying first and second dose availability from providers around the state.













 

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