BILL ANALYSIS C.S.H.B. 2698 By: McDonald et al 04-19-95 Committee Report (Substituted) BACKGROUND Long-term care services for distinct categories of clients are provided through several health and human services agencies. Although long term care providers primarily support children and elderly clients, many providers specialize in clients with functional limitations. Each agency defines its mission and goals independently and operates without coordinating policy statements or visions. The need for a unifying vision statement was identified by the members of the Long-Term Care Task Force, a diverse group of 29 members appointed by the Commissioner of Health and Human Services. The task force met in 1993 and 1994 and made recommendations in its final report to HHSC in the fall of 1994. PURPOSE H.B. 2698 would incorporate into state law the concepts developed by the task force in its vision statement. The legislation would establish a vision statement and guiding principles for long-term care services, thus formalizing state policies for integration of the various systems of long-term care services. The vision statement defines "long-term care" and focuses on delivery of services based on the functional limitations of individuals, encouraging the greatest degree of consumer choice to assist individuals and their families in maintaining and achieving independence, autonomy, and quality of life. RULEMAKING AUTHORITY It is the committee's opinion that H.B. 2698 does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 10, Coordinated Strategic Plan for Health and Human Services, in Article 4413 (502), Health and Human Services Commission, by adding a new Section 10A as follows: Section 10A. LONG-TERM CARE VISION. (a) Directs the Commissioner of Health & Human Services, in conjunction with the appropriate state agencies, to develop a plan for access to individualized long-term care services for persons with functional limitations or medical needs and their families in an effort to assist them to maintain and achieve independence, autonomy, and quality of life. (b) Requires that guiding principles and goals focusing on the individual and his or her family include: (1) recognizing that children should grow up in families and people with disabilities and elderly persons should live in the setting of their choice; and (2) ensuring that persons needing assistance will have maximum possible control over their services; choice of a broad, comprehensive array of services; and easiest possible access to appropriate care and support. (c) Requires that guiding principles focusing on services and service delivery by the state must: (1) emphasize on home-based or community-based services and housing alternatives to complement existing services; (2) ensure that services will be of highest possible quality, with minimum amount of regulation, structure and complexity; (3) recognize that maximum independence and autonomy represent major goals, and with those comes some risk; (4) maximize resources to greatest extent possible, with consumer receiving only the services he or she prefers and are indicated through functional assessment of need; and (5) structure service delivery to support the above goals, ensuring any complexity falls at the administrative level, not the client level. (d) Requires HHSC to coordinate state services to ensure that roles and responsibilities of agencies providing long-term care services are clear and duplication is minimized. (e) Defines "long-term care" to mean provision of health care, personal care, and assistance related to health and social services over a sustained period to people of all ages, and their families, regardless of the setting in which care is given. SECTION 2. Emergency clause, effective in 90 days. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute took the original language from the task force's report and refined it to fit into the enabling statute of the Health & Human Services Commission, requiring the commissioner to develop a plan for long-term care services, and reorganizing the subsections set out in the original bill. SUMMARY OF COMMITTEE ACTION The Human Services Committee convened in a public hearing on April 10, 1995, and the Chairman laid out H.B. 2698, recognizing Rep. McDonald to explain the bill. Rep. Maxey offered a committee substitute for H.B. 2698. The following witnesses testified for H.B. 2698: Roy Ray, representing himself, American Ass'n for Retired Persons (AARP), and Texas Senior Advocacy Coalition; Mary Jo Magruder, Texas Planning Council for Developmental Disabilities; Christine Devall, Mental Health Ass'n in Texas; Denise Brady, The ARC of Texas (Ass'n of Retarded Citizens); Bob Kafka, ADAPT of Texas; Barrett Markland, Advocacy Inc.; and Laura K. Brown, Austin. No one testified against or neutral on H.B. 2698. The committee substitute was withdrawn and H.B. 2698 was left pending. On April 19, the committee convened and took up H.B. 2698 which had been pending. Rep. Naishtat offered a committee substitute and moved adoption. Hearing no objection, the committee substitute for H.B. 2698 was adopted. The Chairman recognized Rep. Naishtat who moved to report H.B. 2698 favorably as substituted and send the bill to the Committee on the Local and Consent Calendars; Rep. Denny seconded. The motion prevailed by a record vote of 9 Ayes, 0 Nays, 0 PNV, and 0 Absent.