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
2-68 -------------------------------------------------------------------
2-69 Name: Mike Bright x
2-70 Representing: Assn for Retarded Citizens
3-1 City: Austin
3-2 -------------------------------------------------------------------
3-3 Name: Jan Thompson x
3-4 Representing: Tx Health Care Assn
3-5 City: Austin
3-6 -------------------------------------------------------------------
3-7 Name: Trey Berndt x
3-8 Representing: Leg. Budget Board
3-9 City: Austin
3-10 -------------------------------------------------------------------
3-11 Name: Cathy Rossberg x
3-12 Representing: State Medicaid Office
3-13 City: Austin
3-14 -------------------------------------------------------------------