1-1  By:  Madla                                            S.B. No. 1470
    1-2        (In the Senate - Filed May 3, 1993; May 4, 1993, read first
    1-3  time and referred to Committee on Health and Human Services;
    1-4  May 7, 1993, reported favorably by the following vote:  Yeas 8,
    1-5  Nays 0; May 7, 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 certain services to elderly persons by
   1-20  the Texas Department on Aging and the Texas Department of Human
   1-21  Services.
   1-22        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-23        SECTION 1.  Subchapter B, Chapter 101, Human Resources Code,
   1-24  is amended by adding Section 101.0255 to read as follows:
   1-25        Sec. 101.0255.  SERVICE STANDARDS AND AGREEMENTS.  (a)  The
   1-26  department and the Texas Department of Human Services, with the
   1-27  approval of the Health and Human Services Commission, shall work to
   1-28  ensure consistency in service standards used by the respective
   1-29  agency in the provision of the same or substantially similar
   1-30  services under a community program on aging under Subchapter III,
   1-31  Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), or
   1-32  the Options for Independent Living program and a community care
   1-33  program of the Texas Department of Human Services.
   1-34        (b)  Not later than January 1, 1994, the department and the
   1-35  Texas Department of Human Services, in accordance with federal law,
   1-36  including the Older Americans Act of 1965 (42 U.S.C. Section 3001
   1-37  et seq.), shall enter into an agreement that allows an area agency
   1-38  on aging to:
   1-39              (1)  jointly contract with a service provider that is
   1-40  under contract with the Texas Department of Human Services to
   1-41  provide services under a community care program; and
   1-42              (2)  use the billing and audit procedures of the Texas
   1-43  Department of Human Services to eliminate unnecessary duplication
   1-44  and to secure reduced rates through economies of scale.
   1-45        SECTION 2.  Subsection (d), Section 101.044, Human Resources
   1-46  Code, is amended to read as follows:
   1-47        (d)  An area agency on aging may not directly provide
   1-48  homemaker, home health, residential repair, respite, meal delivery,
   1-49  or transportation service unless the area agency:
   1-50              (1)  receives no response to a request for proposals
   1-51  that meets department standards; and
   1-52              (2)  has exhausted all other procurement options
   1-53  available under department rules.
   1-54        SECTION 3.  This Act takes effect September 1, 1993.
   1-55        SECTION 4.  The importance of this legislation and the
   1-56  crowded condition of the calendars in both houses create an
   1-57  emergency and an imperative public necessity that the
   1-58  constitutional rule requiring bills to be read on three several
   1-59  days in each house be suspended, and this rule is hereby suspended.
   1-60                               * * * * *
   1-61                                                         Austin,
   1-62  Texas
   1-63                                                         May 7, 1993
   1-64  Hon. Bob Bullock
   1-65  President of the Senate
   1-66  Sir:
   1-67  We, your Committee on Health and Human Services to which was
   1-68  referred S.B. No. 1470, have had the same under consideration, and
    2-1  I am instructed to report it back to the Senate with the
    2-2  recommendation that it do pass and be printed.
    2-3                                                         Moncrief,
    2-4  Acting Chair
    2-5                               * * * * *
    2-6                               WITNESSES
    2-7                                                  FOR   AGAINST  ON
    2-8  ___________________________________________________________________
    2-9  Name:  Peggy Seely                               x
   2-10  Representing:  TX Dept on Aging
   2-11  City:  Austin
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   2-13  Name:  Anita Bradberry                           x
   2-14  Representing:  TX Asso for Home Care
   2-15  City:  Austin
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