By Hilderbran                                         H.B. No. 2256
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the coordination of delivery of similar state agency
    1-3  programs.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 101.025 of Title 6.  SERVICES FOR THE
    1-6  ELDERLY, Chapter 101. Texas Department on Aging, shall be amended
    1-7  to read as follows:
    1-8        101.025.  Cooperation With Federal and State Agencies.
    1-9  (a)  The department is the state agency designated to handle
   1-10  federal programs relating to the aging that require action within
   1-11  the state and that are not the specific responsibility of another
   1-12  state agency under federal or state law.
   1-13        (b)  The department is not intended to supplant or to take
   1-14  over from the counties and municipalities of this state or from
   1-15  other state agencies or facilities any of the specific
   1-16  responsibilities that they hold.  The Department shall cooperate
   1-17  with federal and state agencies, counties, and municipalities and
   1-18  private agencies or facilities in the state in accomplishing the
   1-19  purposes of this chapter.
   1-20        (c)  Where services under Title III and Options for
   1-21  Independent Living are substantially equivalent to those provided
   1-22  by the Texas Department of Human Services Community Care Programs,
   1-23  the Department on Aging shall adopt the same service standards, and
    2-1  enter into an agreement with the Texas Department of Human Services
    2-2  allowing area agencies on aging to:
    2-3        (1)  jointly contract with the Texas Department of Human
    2-4  Services and service providers, and
    2-5        (2)  utilize the Texas Department of Human Services billing
    2-6  and audit procedures, to eliminate unnecessary duplication and
    2-7  recognize reduced rates through economies of scale.
    2-8        SECTION 2.  Sec. 101.044., Chapter 101, Subchapter C of Title
    2-9  6 Services for the Elderly is amended to read as follows:
   2-10             SUBCHAPTER C. OPTIONS FOR INDEPENDENT LIVING
   2-11                       101.044. Provision of Services
   2-12  (a)  Support services shall include:
   2-13              (1)  case management;
   2-14              (2)  homemaking assistance, including personal care;
   2-15              (3)  residential repair;
   2-16              (4)  benefits counseling;
   2-17              (5)  respite care;
   2-18              (6)  emergency response;
   2-19              (7)  education and training for caregivers;
   2-20              (8)  home-delivered meals; and
   2-21              (9)  transportation
   2-22        (b)  A case manager shall conduct an individual assessment of
   2-23  an elderly person's needs and shall, in consultation with the
   2-24  elderly person and the elderly person's family, create a plan of
   2-25  care that specifies the type, amount, frequency, and duration of
    3-1  support services the elderly person needs.
    3-2        (c)  A plan of care must coordinate the available public and
    3-3  private services and resources that are most appropriate to meet
    3-4  the elderly person's needs.
    3-5        (d)  An area agency on aging may not directly provide
    3-6  <homemaker, home health,> homemaking assistance, residential
    3-7  repair, respite, meal delivery, emergency response, or
    3-8  transportation service unless the area agency receives no response
    3-9  to a request for proposals that meets department standards and can
   3-10  demonstrate that services cannot be provided through a joint
   3-11  contract with Texas Department of Human Services as provided for in
   3-12  Section 101.025(c).
   3-13        SECTION 3.  These amendments become effective September 1,
   3-14  1993.  The agreement between Texas Department on Aging and Texas
   3-15  Department of Human Services must be completed and implemented no
   3-16  later than January 1, 1994.
   3-17        SECTION 4.  The importance of this legislation and the
   3-18  crowded condition of the calendars in both houses create an
   3-19  emergency and an imperative public necessity that the
   3-20  constitutional rule requiring bills to be read on three several
   3-21  days in each house be suspended, and this rule is hereby suspended.