By: Madla S.B. No. 1470
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the provision of certain services to elderly persons by
1-2 the Texas Department on Aging and the Texas Department of Human
1-3 Services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 101, Human Resources Code,
1-6 is amended by adding Section 101.0255 to read as follows:
1-7 Sec. 101.0255. SERVICE STANDARDS AND AGREEMENTS. (a) The
1-8 department and the Texas Department of Human Services, with the
1-9 approval of the Health and Human Services Commission, shall work to
1-10 ensure consistency in service standards used by the respective
1-11 agency in the provision of the same or substantially similar
1-12 services under a community program on aging under Subchapter III,
1-13 Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), or
1-14 the Options for Independent Living program and a community care
1-15 program of the Texas Department of Human Services.
1-16 (b) Not later than January 1, 1994, the department and the
1-17 Texas Department of Human Services, in accordance with federal law,
1-18 including the Older Americans Act of 1965 (42 U.S.C. Section 3001
1-19 et seq.), shall enter into an agreement that allows an area agency
1-20 on aging to:
1-21 (1) jointly contract with a service provider that is
1-22 under contract with the Texas Department of Human Services to
1-23 provide services under a community care program; and
2-1 (2) use the billing and audit procedures of the Texas
2-2 Department of Human Services to eliminate unnecessary duplication
2-3 and to secure reduced rates through economies of scale.
2-4 SECTION 2. Subsection (d), Section 101.044, Human Resources
2-5 Code, is amended to read as follows:
2-6 (d) An area agency on aging may not directly provide
2-7 homemaker, home health, residential repair, respite, meal delivery,
2-8 or transportation service unless the area agency:
2-9 (1) receives no response to a request for proposals
2-10 that meets department standards; and
2-11 (2) has exhausted all other procurement options
2-12 available under department rules.
2-13 SECTION 3. This Act takes effect September 1, 1993.
2-14 SECTION 4. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.