73R9025 CBH-F
By Zaffirini S.B. No. 833
Substitute the following for S.B. No. 833:
By McDonald C.S.S.B. No. 833
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
1-12 the 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:
1-24 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
2-26 Human Services <The board by rule shall adopt the plan approved by
2-27 the Interagency Council on ICF-MR Facilities>.
3-1 (e) The Health and Human Services Commission shall submit
3-2 the proposed plan as part of the consolidated health and human
3-3 services budget recommendation required under Section 13, Article
3-4 4413(502), Revised Statutes <The department may submit to the
3-5 Interagency Council on ICF-MR Facilities proposed amendments to a
3-6 plan in operation that the department considers necessary>.
3-7 (f) After legislative action on the appropriation for
3-8 long-term care services for persons with mental retardation, the
3-9 Health and Human Services Commission shall adjust the plan to
3-10 ensure that the number of ICF-MR beds licensed or approved as
3-11 meeting license requirements and the capacity of the HCS waiver
3-12 program are within appropriated funding amounts.
3-13 (g) After any necessary adjustments, the Health and Human
3-14 Services Commission shall approve the final biennial plan and
3-15 publish the plan in the Texas Register.
3-16 (h) The department may submit proposed amendments to the
3-17 plan to the Health and Human Services Commission.
3-18 (i) In this section, "HCS waiver program" means services
3-19 under the state Medicaid home and community-based services waiver
3-20 program for persons with mental retardation adopted in accordance
3-21 with 42 U.S.C. Section 1396n(c).
3-22 SECTION 3. Section 533.061, Health and Safety Code, is
3-23 repealed.
3-24 SECTION 4. (a) Not later than October 1, 1993, the Texas
3-25 Department of Mental Health and Mental Retardation shall submit to
3-26 the Health and Human Services Commission the proposed plan for the
3-27 1994-1995 biennium as required by Section 533.062, Health and
4-1 Safety Code, as amended by this Act.
4-2 (b) In addition to the changes in law made by this Act
4-3 relating to the provision of services to persons with mental
4-4 retardation, this Act conforms certain provisions of the Health and
4-5 Safety Code relating to the provision of those services to changes
4-6 in the law made by Section 1, Chapter 248, Acts of the 72nd
4-7 Legislature, Regular Session, 1991.
4-8 (c) Section 1, Chapter 248, Acts of the 72nd Legislature,
4-9 Regular Session, 1991, is repealed.
4-10 SECTION 5. This Act does not affect the transfer of powers,
4-11 duties, rights, and obligations of the Texas Department of Health
4-12 to the Texas Department of Human Services or another agency as
4-13 prescribed by Section 1.11, Chapter 15, Acts of the 72nd
4-14 Legislature, 1st Called Session, 1991, or by any other law.
4-15 SECTION 6. This Act takes effect September 1, 1993.
4-16 SECTION 7. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.