By:  Zaffirini                                         S.B. No. 833
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the provision of long-term care services to certain
    1-2  persons with mental retardation.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 222.042, Health and Safety Code, is
    1-5  amended to read as follows:
    1-6        Sec. 222.042.  LICENSING OF ICF-MR BEDS AND FACILITIES.  The
    1-7  department may not license or approve as meeting licensing
    1-8  standards new ICF-MR beds or the expansion of an existing ICF-MR
    1-9  facility unless <:>
   1-10              <(1)>  the new beds or the expansion was included in
   1-11  the plan approved by the Health and Human Services Commission in
   1-12  accordance with Section 533.062 <Interagency Council on ICF-MR
   1-13  Facilities in accordance with Section 2.43, Texas Mental Health and
   1-14  Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
   1-15  Statutes); and>
   1-16              <(2)  the Texas Department of Mental Health and Mental
   1-17  Retardation has approved the beds or the expansion for
   1-18  certification in accordance with Section 2.44, Texas Mental Health
   1-19  and Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
   1-20  Statutes)>.
   1-21        SECTION 2.  Section 533.062, Health and Safety Code, is
   1-22  amended to read as follows:
   1-23        Sec. 533.062.  PLAN ON LONG-TERM CARE FOR PERSONS WITH MENTAL
    2-1  RETARDATION <ICF-MR FACILITIES>.  (a)  The department shall
    2-2  biennially develop a proposed <annually> plan on long-term care for
    2-3  persons with mental retardation <for the creation of new beds in
    2-4  the ICF-MR program>.
    2-5        (b)  The proposed plan must specify the capacity of the HCS
    2-6  waiver program for persons with mental retardation and the number
    2-7  and levels of new ICF-MR beds to be authorized <created> in each
    2-8  region.  In developing the proposed plan, the department shall
    2-9  consider:
   2-10              (1)  the needs of the population to be served;
   2-11              (2)  projected appropriation amounts for the biennium
   2-12  <the resources of the governmental entities responsible for
   2-13  providing services>; and
   2-14              (3)  the requirements of applicable federal law.
   2-15        (c)  Each proposed plan shall cover the subsequent fiscal
   2-16  biennium <year>.  The department shall conduct a public hearing on
   2-17  the proposed plan.  Not later than July 1 of each even-numbered
   2-18  year, the department shall submit the plan to the Health and Human
   2-19  Services Commission <Interagency Council on ICF-MR Facilities> for
   2-20  approval.
   2-21        (d)  The Health  and Human Services Commission may modify the
   2-22  proposed plan as necessary before its final approval.  In
   2-23  determining the appropriate number of ICF-MR facilities for persons
   2-24  with a related condition, the department and the Health and Human
   2-25  Services Commission shall consult with the Texas Department of
    3-1  Human Services <board by rule shall adopt the plan approved by the
    3-2  Interagency Council on ICF-MR Facilities>.
    3-3        (e)  The Health and Human Services Commission shall submit
    3-4  the proposed plan as part of the consolidated health and human
    3-5  services budget recommendation required under Section 13, Article
    3-6  4413(502), Revised Statutes <The department may submit to the
    3-7  Interagency Council on ICF-MR Facilities proposed amendments to a
    3-8  plan in operation that the department considers necessary>.
    3-9        (f)  After legislative action on the appropriation for
   3-10  long-term care services for persons with mental retardation, the
   3-11  Health and Human Services Commission shall adjust the plan to
   3-12  ensure that the number of ICF-MR beds licensed or approved as
   3-13  meeting license requirements and the capacity of the HCS waiver
   3-14  program are within appropriated funding amounts.
   3-15        (g)  After any necessary adjustments, the Health and Human
   3-16  Services Commission shall approve the final biennial plan and
   3-17  publish the plan in the Texas Register.
   3-18        (h)  The department may submit proposed amendments to the
   3-19  plan to the Health and Human Services Commission.
   3-20        (i)  In this section, "HCS waiver program" means services
   3-21  under the Texas Medicaid home and community-based services waiver
   3-22  program for persons with mental retardation adopted in accordance
   3-23  with 42 U.S.C. Section 1396n.
   3-24        SECTION 3.  With respect to the plan for the 1994-1995
   3-25  biennium only, the Texas Department of Mental Health and Mental
    4-1  Retardation shall submit the proposed biennial plan to the Health
    4-2  and Human Services Commission within 30 days of the effective date
    4-3  of this Act.
    4-4        SECTION 4.  Section 533.061, Health and Safety Code, is
    4-5  repealed.
    4-6        SECTION 5.  (a)  In addition to the changes in law made by
    4-7  this Act relating to the provision of services to persons with
    4-8  mental retardation, this Act conforms certain provisions of the
    4-9  Health and Safety Code relating to the provision of those services
   4-10  to changes in the law made by Chapter 248, Acts of the 72nd
   4-11  Legislature, Regular Session, 1991.
   4-12        (b)  Chapter 248, Acts of the 72nd Legislature, Regular
   4-13  Session, 1991, is repealed.
   4-14        SECTION 6.  This Act does not affect the transfer of powers,
   4-15  duties, rights, and obligations of the Texas Department of Health
   4-16  to the Texas Department of Human Services or another agency as
   4-17  prescribed by Section 1.11, Chapter 15, Acts of the 72nd
   4-18  Legislature, 1st Called Session, 1991, or by any other law.
   4-19        SECTION 7.  This Act takes effect September 1, 1993.
   4-20        SECTION 8.  The importance of this legislation and the
   4-21  crowded condition of the calendars in both houses create an
   4-22  emergency and an imperative public necessity that the
   4-23  constitutional rule requiring bills to be read on three several
   4-24  days in each house be suspended, and this rule is hereby suspended.