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 <annually> proposed 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 <number> capacity of
2-6 the HCS waiver program for persons with mental retardation and the
2-7 number and levels of new ICF-MR beds to be authorized <created> in
2-8 each 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 <The board by rule shall adopt the plan approved by
3-2 the 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 under
3-21 the Texas Medicaid home and community-based services waiver program
3-22 for persons with mental retardation adopted in accordance with 42
3-23 U.S.C. Sec. 1915(c).
3-24 SECTION 3. With respect to the plan for the 1994-95 biennium
3-25 only, the Texas Department of Mental Health and Mental Retardation
4-1 shall submit the proposed biennial plan to the Health and Human
4-2 Services Commission within 30 days of the effective date of this
4-3 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 new changes in law made
4-7 by 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 Section 1, Chapter 248, Acts of the
4-11 72nd Legislature, Regular Session, 1991.
4-12 (b) Section 1, Chapter 248, Acts of the 72nd Legislature,
4-13 Regular 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.