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A BILL TO BE ENTITLED
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AN ACT
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relating to the home-delivered meal program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.042, Agriculture Code, is amended by |
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adding Subsection (m) to read as follows: |
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(m) Notwithstanding Subsections (c) and (d) or any other |
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provision of this chapter, the department shall allow a |
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governmental agency, nonprofit private organization, or for-profit |
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private organization to apply to the department for a grant under |
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this section if the agency or organization contracts with an area |
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agency on aging to deliver meals. |
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SECTION 2. Subtitle C, Title 2, Health and Safety Code, is |
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amended by adding Chapter 65 to read as follows: |
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CHAPTER 65. HOME-DELIVERED MEAL PROGRAM |
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Sec. 65.0001. DEFINITIONS. In this chapter: |
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(1) "Area agency on aging" means: |
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(A) an area agency on aging designated under 42 |
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U.S.C. Section 3025(a)(2)(A); or |
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(B) a state agency performing the functions of an |
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area agency on aging under 42 U.S.C. Section 3025(b)(5). |
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(2) "Client" means an individual who is elderly or has |
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a disability and who receives a meal under the program. |
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(3) "Program" means the home-delivered meal program |
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under this chapter. |
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(4) "Provider" means a meal provider who contracts |
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with the commission or an area agency on aging to provide and |
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deliver home-delivered meals under the program. |
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Sec. 65.0002. APPLICABILITY. This chapter does not apply |
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to home-delivered meals provided through the Medicaid managed care |
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program under Chapter 533, Government Code. |
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Sec. 65.0003. PROGRAM MODERNIZATION. (a) The commission |
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shall maintain and revise as necessary operating guidelines for a |
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home-delivered meal program to effectively and efficiently provide |
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meal deliveries to individuals who are elderly or have a |
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disability. |
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(b) The commission may contract with a meal provider to |
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provide home-delivered meals under the program. |
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(c) In awarding a contract to a provider, the commission or |
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area agency on aging shall: |
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(1) prioritize providers who: |
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(A) conduct a face-to-face client visit; |
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(B) deliver hot meals for the program; and |
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(C) comply with reporting requirements for the |
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nutrition services incentive program established under 42 U.S.C. |
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Section 3030a; |
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(2) give extra consideration to providers capable of |
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delivering meals to clients in both rural and urban areas; |
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(3) give extra consideration to providers with the |
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capacity to deliver meals to eligible individuals who are currently |
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on an interest or other waiting list for services under the program; |
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(4) consider the individual dietary needs of clients |
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through condition-specific menus; and |
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(5) negotiate enhanced meal rates to ensure program |
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efficacy. |
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Sec. 65.0004. MEAL REQUIREMENTS. A provider may use |
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frozen, chilled, or shelf-stable meals if: |
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(1) the provider and the client are capable of |
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providing sanitary and safe conditions for storage, thawing, and |
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preparation of the meal; and |
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(2) the client, or another available person for the |
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client, is capable of safely handling the meal. |
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Sec. 65.0005. PACKAGING REQUIREMENTS. (a) A provider |
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shall use supplies and meal transport carriers that allow hot, |
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frozen, chilled, and shelf-stable meals to be packaged and stored |
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separately. |
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(b) For hot, frozen, chilled, or shelf-stable meals that are |
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easily damaged, a provider must use an enclosed meal transport |
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carrier and trays or other containers necessary to protect the |
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meals from contamination, crushing, or spillage during transport. |
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(c) A provider shall equip a meal transport carrier with |
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insulation or supplemental hot or cold sources as necessary to |
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maintain safe temperatures for meals during transport. |
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(d) A provider shall use meal packaging that: |
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(1) is sealed to prevent moisture loss or spillage; |
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(2) allows preservation of the meal at a safe |
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temperature during transport; |
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(3) includes compartments for separating food items to |
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increase visual appeal and minimize spillage; and |
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(4) allows easy access by clients. |
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(e) A provider shall maintain the food temperature of meals |
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prepared and packaged for delivery in accordance with commission |
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rules and area agency on aging requirements for home-delivered |
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meals. |
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Sec. 65.0006. DELIVERY REQUIREMENTS. (a) A provider shall |
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deliver meals: |
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(1) at a commercially reasonable time; and |
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(2) on a date on which the provider and client mutually |
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agree. |
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(b) A provider in accordance with the commission or area |
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agency on aging contract shall provide and deliver meals to each |
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client daily, weekly, or every other week, dependent on the |
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acceptable shelf life of the meal. The provider shall document |
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whether each meal is delivered or undelivered. A client's |
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statement that the client failed to receive a meal delivery |
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constitutes documentation that the meal was not delivered. |
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(c) If a client is not present to accept delivery of a meal, |
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a provider may leave the meal only if the provider ensures the meal |
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is maintained at a safe temperature. |
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(d) For each undelivered meal, a provider shall document the |
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meal as undelivered and the reason the provider was unable to |
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deliver the meal. A provider shall maintain documentation of |
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undelivered meals in accordance with the contract. |
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(e) If a provider violates this section, the commission or |
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area agency on aging may consider the provider in breach of the |
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contract. |
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Sec. 65.0007. CASE MANAGER NOTIFICATION. A provider who |
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has not had contact with the client or the client's responsible |
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party within the time agreed by contract shall notify in writing the |
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client's case manager, if applicable, of the provider's concerns |
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regarding the lack of contact. |
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SECTION 3. (a) In this section: |
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(1) "Area agency on aging," "client," and "program" |
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have the meanings assigned by Section 65.0001, Health and Safety |
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Code, as added by this Act. |
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(2) "Commission" means the Health and Human Services |
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Commission. |
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(b) The commission shall conduct a study examining the |
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interest or other waiting lists of individuals seeking |
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home-delivered meals maintained by the commission and each area |
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agency on aging in the program. |
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(c) In conducting the study under this section, the |
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commission shall identify additional strategies the commission |
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could employ to provide home-delivered meal services to additional |
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clients and eliminate the interest or other waiting lists, |
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including strategies employed by other states and strategies |
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through which the program could receive additional funding. |
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(d) Not later than December 1, 2022, the commission shall |
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submit to the legislature a written report containing the findings |
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of the study conducted under this section and the commission's |
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legislative recommendations. |
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SECTION 4. The executive commissioner of the Health and |
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Human Services Commission shall adopt rules necessary to implement |
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Chapter 65, Health and Safety Code, as added by this Act, and |
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modernize the home-delivered meal program under that chapter. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |