Enrolled Bill Summary

Senate Bill 374 adds and amends provisions of the Government Code, the Human Resources Code, and the Health and Safety Code to abolish the Texas Department on Aging (TDA) as of September 1, 2003, change the name of the Texas Department of Human Services (DHS) to the Texas Department of Aging and Disability Services (TDADS), and to transfer all powers and duties of TDA to TDADS. In addition, the act amends provisions of the Chronically Ill and Disabled Children's Services Act, changing its name to the Children with Special Health Care Needs Services Act and adding requirements relating to health benefits plan coverage and cost-sharing.

The act requires the Health and Human Services Commission, DHS, and TDA to assist communities in developing community-based systems for long-term care service delivery and to provide resources and assistance at the request of a community. The commission must evaluate the feasibility of establishing an integrated local system of access and services for the elderly and disabled and study the feasibility of a subacute care pilot project. The act requires a health and human services agency with a community initiative proposal to submit it to the commission for approval. The commissioner of health and human services must maintain no fewer than 28 area agencies on aging and must require the Texas Planning Council for Developmental Disabilities, which is to serve as the lead agency, and the Office for the Prevention of Developmental Disabilities to prepare a joint biennial report on services to persons with disabilities. The commission must develop a system of blended funds to allow a community to customize services. The act also amends requirements relating to nursing facility licensure.

The act adds and amends requirements relating to TDA authority, including requiring that it create an Aging Policy Council, provide expertise to agencies, the legislature, and other elected officials on aging issues, and conduct research and planning on issues that affect elderly individuals. The act adds and amends requirements relating to TDA service standards and agreements, including requiring it to develop standardized assessment procedures with DHS to share information on common clients in a similar service region. TDA and DHS must jointly develop a plan on aging as required by the federal Older Americans Act of 1965 and must conduct a statewide needs assessment for long-term care services.

The act transfers all licensing and regulation of home and community support services and home health medication aides and the certification of home and community support services agencies under the federal Medicare program from the Texas Department of Health to DHS. The act transfers certain programs of the Texas Rehabilitation Commission to DHS and provides for the transfer of all funds, obligations, and contracts related to the programs. The act provides for the formation of a work group to assist DHS and the Texas Department of Mental Health and Mental Retardation in studying coordination of long-term care services. It creates a work group on children's long-term care and health programs and transfers the Medically Dependent Children's Waiver Program from the Texas Department of Health to DHS.

Other than the September 1, 2003, effective date for the abolishment of the Texas Department on Aging and the name change of the Texas Department of Human Services, the effective date of Senate Bill 374 is September 1, 1999.