By Vowell                                             H.B. No. 2000
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the provision of long-term care services to certain
    1-3  persons with mental retardation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 222.042, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 222.042.  LICENSING OF ICF-MR BEDS AND FACILITIES.  The
    1-8  department may not license or approve as meeting licensing
    1-9  standards new ICF-MR beds or the expansion of an existing ICF-MR
   1-10  facility unless <:>
   1-11              <(1)> the new beds or the expansion was included in the
   1-12  plan approved by the Health and Human Services Commission in
   1-13  accordance with Section 533.062 <Interagency Council on ICF MR
   1-14  Facilities in accordance with Section 2.43, Texas Mental Health and
   1-15  Mental Retardation Act (Article 5547 202, Vernon's Texas Civil
   1-16  Statutes), and>
   1-17              <(2)  the Texas Department of Mental Health and Mental
   1-18  Retardation has approved the beds or the expansion for
   1-19  certification in accordance with Section 2.44, Texas Mental Health
   1-20  and Mental Retardation Act (Article 5547 202, Vernon's Texas Civil
   1-21  Statutes)>.
   1-22        SECTION 2.  Section 533.062, Health and Safety Code, is
   1-23  amended to read as follows:
    2-1        Sec. 533.062.  PLAN ON LONG-TERM CARE FOR PERSONS WITH MENTAL
    2-2  RETARDATION <ICF MR FACILITIES>.  (a)  The department shall
    2-3  biennially develop a <annually> proposed plan on long-term care for
    2-4  persons with mental retardation <for the creation of new beds in
    2-5  the ICF MR program>.
    2-6        (b)  The proposed plan must specify the <number> capacity of
    2-7  the HCS waiver program for persons with mental retardation and the
    2-8  number and levels of new ICF-MR beds to be authorized <created> in
    2-9  each region.   In developing the proposed plan, the department
   2-10  shall consider:
   2-11              (1)  the needs of the population to be served;
   2-12              (2)  projected appropriation amounts for the biennium
   2-13  <the resources of the governmental entities responsible for
   2-14  providing services>; and
   2-15              (3)  the requirements of applicable federal law.
   2-16        (c)  Each proposed plan shall cover the subsequent fiscal
   2-17  biennium <year>.  The department shall conduct a public hearing on
   2-18  the proposed plan.  Not later than July 1 of each even-numbered
   2-19  year, the department shall submit the plan to the Health and Human
   2-20  Services Commission <Interagency Council on ICF MR Facilities> for
   2-21  approval.
   2-22        (d)  The Health and Human Services Commission may modify the
   2-23  proposed plan as necessary before its final approval.  In
   2-24  determining the appropriate number of ICF-MR facilities for persons
   2-25  with a related condition, the department and the Health and Human
    3-1  Services Commission shall consult with the Texas Department of
    3-2  Human Services <The board by rule shall adopt the plan approved by
    3-3  the Interagency Council on ICF MR Facilities>.
    3-4        (e)  The Health and Human Services Commission shall submit
    3-5  the proposed plan as part of the consolidated health and human
    3-6  services budget recommendation required under Section 13, Article
    3-7  4413 (502), Revised Statutes <The department may submit to the
    3-8  Interagency Council on ICF MR Facilities proposed amendments to a
    3-9  plan in operation that the department considers necessary>.
   3-10        (f)  After legislative action on the appropriation for
   3-11  long-term care services for persons with mental retardation, the
   3-12  Health and Human Services Commission shall adjust the plan to
   3-13  ensure that the number of ICF-MR beds licensed or approved as
   3-14  meeting license requirements and the capacity of the HCS waiver
   3-15  program are within appropriated funding amounts.
   3-16        (g)  After any necessary adjustments, the Health and Human
   3-17  Services Commission shall approve the final biennial plan and
   3-18  publish the plan in the Texas Register.
   3-19        (h)  The department may submit proposed amendments to the
   3-20  plan to the Health and Human Services Commission.
   3-21        (i)  In this section, HCS waiver program means services under
   3-22  the Texas Medicaid home and community-based services waiver program
   3-23  for persons with mental retardation adopted in accordance with 42
   3-24  U.S.C. Sec. 1915(c).
   3-25        SECTION 3.  With respect to the plan for the 1994-95 biennium
    4-1  only, the Texas Department of Mental Health and Mental Retardation
    4-2  shall submit the proposed biennial plan to the Health and Human
    4-3  Services Commission within 30 days of the effective date of this
    4-4  act.
    4-5        SECTION 4.  Section 533.061, Health and Safety Code, is
    4-6  repealed.
    4-7        SECTION 5.  (a)  In addition to the new changes in law made
    4-8  by this Act relating to the provision of services to persons with
    4-9  mental retardation, this Act conforms certain provisions of the
   4-10  Health and Safety Code relating to the provision of those services
   4-11  to changes in the law made by Section 1, Chapter 248, Acts of the
   4-12  72nd Legislature, Regular Session, 1991.
   4-13        (b)  Section 1, Chapter 248, Acts of the 72nd Legislature,
   4-14  Regular Session, 1991, is repealed.
   4-15        SECTION 6.  This Act does not affect the transfer of powers,
   4-16  duties, rights, and obligations of the Texas Department of Health
   4-17  to the Texas Department of Human Services or another agency as
   4-18  prescribed by Section 1.11, Chapter 15, Acts of the 72nd
   4-19  Legislature, 1st Called Session, 1991, or by any other law.
   4-20        SECTION 7.  This Act takes effect September 1, 1993.
   4-21        SECTION 8.  The importance of this legislation and the
   4-22  crowded condition of the calendars in both houses create an
   4-23  emergency and an imperative public necessity that the
   4-24  constitutional rule requiring bills to be read on three several
   4-25  days in each house be suspended, and this rule is hereby suspended.