I will be the Temporary Chair of the Marion County Convention and Permanent Chair for the second straight County Convention unless they vote me out, which is doubtful. I will also be Acting Party Chair for Marion County to the Texas Democratic Convention.

I have had dealings with our Hospital District in the past few years and have successfully forced then to reluctantly change multiple policies which were out of compliance with State and Federal Laws and Constitutions, and the Texas Administrative Code.

My research indicates that there are multiple Hospital Districts whose policies are still out of compliance with the Laws and Codes. Our system makes it impossible for persons outside of these Hospital Districts to take the necessary actions to force these districts to change these policies.

I have blogged about this in a few blog posts on DailyKos.

Victory! Tomtech wins Healthcare for the poor

I'm Going to War Again (Legal Advice Requested)

This year, I have developed a Resolution for presentation to the Texas Democratic Convention asking for their support on this issue via directing the Party Chairman to prepare a proposal for presentation to our legislators in the hope that the legislature takes up the issue during the 2013 Legislative session.

There is nothing else I can do, short of getting severely ill, to effect change through my local hospital district and nothing I can do to effect needed changes by other hospital districts throughout the State.

Obamacare doesn't provide any additional healthcare for the poorest among us and the only path I see to get needed changes to the policies of our State's Hospital Districts is through the Legislature.

Please present the attached Resolution to the delegates of your county. The approval of one County gets this to the SDEC while two counties' approval bypasses the SDEC and gets this to the Resolutions Committee at the State Convention. With more Counties supporting the resolution it should be easier to get this incorporated into the Majority Report of the Resolutions Committee and approved by the Convention as a whole.

Please inform me if this is passed at your County's Convention.

Feel free to call me at (XXX) XXX-XXX (Fogbowers can PM me and I'll give you my number) if you have questions or suggestions.

Indigent Health Care Improvements Act
Resolution of the Texas Democratic Convention

Whereas The Patient Protection and Affordable Care Act (Obamacare) doesn't provide health care to the Indigent population.

Whereas The Texas Constitution allows the creation of Hospital Districts to “assume full responsibility for providing medical and hospital care for its needy inhabitants”.

Whereas under the Indigent Health Care and Treatment Act Counties “shall provide health care assistance” to residents who are not covered by a public hospital or hospital district.

Whereas there are no external administrative appeal or review paths available to applicants when a Hospital District denies them eligibility or a requested service.

Whereas current law allows Public Hospitals and Hospital Districts to decrease the services provided to eligible residents to levels below congressionally mandated minimum levels by underfunding the programs even when there are available avenues for additional funding.

Whereas Hospital Districts routinely establish policies which burden plan participants with requirements that place administrative hurdles between plan participants and health care providers.

Whereas Hospital Districts may inform providers when there is a lack of funds for particular levels of care and the providers would be better placed to coordinate a care plan with plan participants in the event that funds are not available for providing a complete set of normally covered services.

Be it resolved that, The _______ Texas Democratic Convention directs the Texas Democratic Party Chair to oversee the preparation of a legislative proposal to achieve the following goals.

1. The Texas Department of State Health Services shall:
   
   1. note on all leters of rejection or approval for any services where enough data is collected whether the applicants for any services meets the qualifications established under Section 61.006 of the Texas Health and Safety Code for indigent health care.
   2. establish a system where applicants for County, Public Hospital, and Hospital District Indigent Health Care Programs may file complaints concerning the application process or services provided by County, Public Hospital, and Hospital District Indigent Health Care Programs.
   3. establish a system to review complaints for indications that a County, Public Hospital, or Hospital District's Indigent Health Care Program has established rules or procedures which fail to comply with legally mandated standards.
   4. be given authority to mandate that County, Public Hospital, and Hospital District's Indigent Health Care Programs establich rules and procedures which comply with legally mandated standards.
   5. be given authority and standing to bring mandamus action against a County, Public Hospital, or Hospital District to bring their rules and procedures into compliance with legally mandated standards.
2. County, Public Hospital, and Hospital District Indigent Health Care Programs:
   
   1. shall be required to approve, upon afferance that their financial situation is unchanged, any resident's application for indigent health care whose most recent letters of determination of eligility, which is not less than 6 months old, from the Texas Department of State Health Services shows that they meet the qualifications established under Section 61.006 of the Texas Health and Safety Code.
   2. which were unable to provide all the basic services listed in the applicable section of Chapter 61 of the Texas Health and Safety Code during the current fiscal year to all of their Indigent Health Care Programs participants who requested those services shall make a good faith effort to obtain the funding necessary to provide those services to all participants who request then in the next fiscal year.

Be it resolved that The _______ Texas Democratic Convention directs the Texas Democratic Party Chair to present the legislative proposal prepared in the previous clauses to the Democratic legislators elected to the _____ Texas Legislature.


Approved by the ___Precinct Caucus for ___________________ County. _ ____________________
Precinct Caucus Chair

Passed by the ____________________ County/Senate District Convention.

____________________
County/Senate District Convention Chair

Referred/Recommended to the Permanent Resolutions Committee.
____________________
Temporary Resolution Committee Chair

Approved for presentation within the Majority/Minority report to the Texas Democratic Convention.
____________________
Permanent Resolutions Committee Chair

Prepared by XXXXXXXX XXXXXXX, Acting XXXXX County Party Chair to the 2012 Texas Democratic Convention. (XXX-XXX-XXXX Tomtech@sbcglobal.net)

Texas' County Conventions are next weekend and I want to send this to the County Chairs in the hope that they put my Resolution up for a vote so that it can get to the State convention.

Whereas The Patient Protection and Affordable Care Act (Obamacare) doesn't provide health care to the Indigent population.

Whereas The Texas Constitution allows the creation of Hospital Districts to “assume full responsibility for providing medical and hospital care for its needy inhabitants”.

Whereas under the Indigent Health Care and Treatment Act Counties “shall provide health care assistance” to residents who are not covered by a public hospital or hospital district.

Whereas there are no external administrative appeal or review paths available to applicants when a Hospital District denies them eligibility or a requested service.

Whereas current law allows Public Hospitals and Hospital Districts to decrease the services provided to eligible residents to levels below congressionally mandated minimum levels by underfunding the programs even when there are available avenues for additional funding.

Whereas Hospital Districts routinely establish policies which burden plan participants with requirements that place administrative hurdles between plan participants and health care providers.

Whereas Hospital Districts may inform providers when there is a lack of funds for particular levels of care and the providers would be better placed to coordinate a care plan with plan participants in the event that funds are not available for providing a complete set of normally covered services.

In either case, though, the word "reluctantly" is unnecessary in a sentence with the word "forced" in it. One does not need to be "forced" to do something one is eager to do.

I suggest the word "forced" is itself also unnecessary.

That statement is a part of the e-mail which will be sent to the County Democratic Chairs. It isn't part of the formal resolution.

When it takes 10 month, 4 Board meeting, two lawyers working together, and a suit presented to them and ready to be files the next day, I think the word forced is justified.

It may be justified, but the word has strong negative connotations. "Coereced" or "pursuaded" would be better, but these are still a little off-putting. Better still would be, "I worked with the board to....."

...
All in all, a great week full of accomplishing goals even though I was hobbling on the sore knee the entire time.

Cause of Action: Since Plaintiff is an eligible partipant of the County Hospital District's Indigent Health Care Program, Plaintiff seeks declaratory judgement, as defined by Chapter 37 of Title 2 of Texas' Civil Practice and Remedies Code, that the Plaintiff has the right to receive up to three prescriptions a month from the County Hospital District under the Chapter 61 (The Indigent Health Care and Treatment Act) of Texas' Health and Safety Code.