1-1  By:  Zaffirini                                         S.B. No. 833
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  April 6, 1993, reported favorably by the following vote:  Yeas 8,
    1-5  Nays 0; April 6, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Zaffirini          x                               
    1-9        Ellis              x                               
   1-10        Madla              x                               
   1-11        Moncrief           x                               
   1-12        Nelson             x                               
   1-13        Patterson          x                               
   1-14        Shelley            x                               
   1-15        Truan              x                               
   1-16        Wentworth                                      x   
   1-17                         A BILL TO BE ENTITLED
   1-18                                AN ACT
   1-19  relating to the provision of long-term care services to certain
   1-20  persons with mental retardation.
   1-21        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-22        SECTION 1.  Section 222.042, Health and Safety Code, is
   1-23  amended to read as follows:
   1-24        Sec. 222.042.  LICENSING OF ICF-MR BEDS AND FACILITIES.  The
   1-25  department may not license or approve as meeting licensing
   1-26  standards new ICF-MR beds or the expansion of an existing ICF-MR
   1-27  facility unless <:>
   1-28              <(1)>  the new beds or the expansion was included in
   1-29  the plan approved by the Health and Human Services Commission in
   1-30  accordance with Section 533.062 <Interagency Council on ICF-MR
   1-31  Facilities in accordance with Section 2.43, Texas Mental Health and
   1-32  Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
   1-33  Statutes); and>
   1-34              <(2)  the Texas Department of Mental Health and Mental
   1-35  Retardation has approved the beds or the expansion for
   1-36  certification in accordance with Section 2.44, Texas Mental Health
   1-37  and Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
   1-38  Statutes)>.
   1-39        SECTION 2.  Section 533.062, Health and Safety Code, is
   1-40  amended to read as follows:
   1-41        Sec. 533.062.  PLAN ON LONG-TERM CARE FOR PERSONS WITH MENTAL
   1-42  RETARDATION <ICF-MR Facilities>.  (a)  The department shall
   1-43  biennially develop a proposed <annually> plan on long-term care for
   1-44  persons with mental retardation <for the creation of new beds in
   1-45  the ICF-MR program>.
   1-46        (b)  The proposed plan must specify the capacity of the HCS
   1-47  waiver program for persons with mental retardation and the number
   1-48  and levels of new ICF-MR beds to be authorized <created> in each
   1-49  region.  In developing the proposed plan, the department shall
   1-50  consider:
   1-51              (1)  the needs of the population to be served;
   1-52              (2)  projected appropriation amounts for the biennium
   1-53  <the resources of the governmental entities responsible for
   1-54  providing services>; and
   1-55              (3)  the requirements of applicable federal law.
   1-56        (c)  Each proposed plan shall cover the subsequent fiscal
   1-57  biennium <year>.  The department shall conduct a public hearing on
   1-58  the proposed plan.  Not later than July 1 of each even-numbered
   1-59  year, the department shall submit the plan to the Health and Human
   1-60  Services Commission <Interagency Council on ICF-MR Facilities> for
   1-61  approval.
   1-62        (d)  The Health  and Human Services Commission may modify the
   1-63  proposed plan as necessary before its final approval.  In
   1-64  determining the appropriate number of ICF-MR facilities for persons
   1-65  with a related condition, the department and the Health and Human
   1-66  Services Commission shall consult with the Texas Department of
   1-67  Human Services <board by rule shall adopt the plan approved by the
   1-68  Interagency Council on ICF-MR Facilities>.
    2-1        (e)  The Health and Human Services Commission shall submit
    2-2  the proposed plan as part of the consolidated health and human
    2-3  services budget recommendation required under Section 13, Article
    2-4  4413(502), Revised Statutes <The department may submit to the
    2-5  Interagency Council on ICF-MR Facilities proposed amendments to a
    2-6  plan in operation that the department considers necessary>.
    2-7        (f)  After legislative action on the appropriation for
    2-8  long-term care services for persons with mental retardation, the
    2-9  Health and Human Services Commission shall adjust the plan to
   2-10  ensure that the number of ICF-MR beds licensed or approved as
   2-11  meeting license requirements and the capacity of the HCS waiver
   2-12  program are within appropriated funding amounts.
   2-13        (g)  After any necessary adjustments, the Health and Human
   2-14  Services Commission shall approve the final biennial plan and
   2-15  publish the plan in the Texas Register.
   2-16        (h)  The department may submit proposed amendments to the
   2-17  plan to the Health and Human Services Commission.
   2-18        (i)  In this section, "HCS waiver program" means services
   2-19  under the Texas Medicaid home and community-based services waiver
   2-20  program for persons with mental retardation adopted in accordance
   2-21  with 42 U.S.C. Section 1396n.
   2-22        SECTION 3.  With respect to the plan for the 1994-1995
   2-23  biennium only, the Texas Department of Mental Health and Mental
   2-24  Retardation shall submit the proposed biennial plan to the Health
   2-25  and Human Services Commission within 30 days of the effective date
   2-26  of this Act.
   2-27        SECTION 4.  Section 533.061, Health and Safety Code, is
   2-28  repealed.
   2-29        SECTION 5.  (a)  In addition to the changes in law made by
   2-30  this Act relating to the provision of services to persons with
   2-31  mental retardation, this Act conforms certain provisions of the
   2-32  Health and Safety Code relating to the provision of those services
   2-33  to changes in the law made by Chapter 248, Acts of the 72nd
   2-34  Legislature, Regular Session, 1991.
   2-35        (b)  Chapter 248, Acts of the 72nd Legislature, Regular
   2-36  Session, 1991, is repealed.
   2-37        SECTION 6.  This Act does not affect the transfer of powers,
   2-38  duties, rights, and obligations of the Texas Department of Health
   2-39  to the Texas Department of Human Services or another agency as
   2-40  prescribed by Section 1.11, Chapter 15, Acts of the 72nd
   2-41  Legislature, 1st Called Session, 1991, or by any other law.
   2-42        SECTION 7.  This Act takes effect September 1, 1993.
   2-43        SECTION 8.  The importance of this legislation and the
   2-44  crowded condition of the calendars in both houses create an
   2-45  emergency and an imperative public necessity that the
   2-46  constitutional rule requiring bills to be read on three several
   2-47  days in each house be suspended, and this rule is hereby suspended.
   2-48                               * * * * *
   2-49                                                         Austin,
   2-50  Texas
   2-51                                                         April 6, 1993
   2-52  Hon. Bob Bullock
   2-53  President of the Senate
   2-54  Sir:
   2-55  We, your Committee on Health and Human Services to which was
   2-56  referred S.B. No. 833, have had the same under consideration, and I
   2-57  am instructed to report it back to the Senate with the
   2-58  recommendation that it do pass and be printed.
   2-59                                                         Ellis,
   2-60  Vice-Chair
   2-61                               * * * * *
   2-62                               WITNESSES
   2-63                                                  FOR   AGAINST  ON
   2-64  ___________________________________________________________________
   2-65  Name:  Robin Herskowitz                                        x
   2-66  Representing:  The Private Provider Assn
   2-67  City:  Austin
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   2-69  Name:  Mike Bright                               x
   2-70  Representing:  Assn for Retarded Citizens
    3-1  City:  Austin
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    3-3  Name:  Jan Thompson                              x
    3-4  Representing:  Tx Health Care Assn
    3-5  City:  Austin
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    3-7  Name:  Trey Berndt                                             x
    3-8  Representing:  Leg. Budget Board
    3-9  City:  Austin
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   3-11  Name:  Cathy Rossberg                            x
   3-12  Representing:  State Medicaid Office
   3-13  City:  Austin
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