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 2-12 ------------------------------------------------------------------- 2-13 Name: Anita Bradberry x 2-14 Representing: TX Asso for Home Care 2-15 City: Austin 2-16 -------------------------------------------------------------------