By Naishtat                                           H.B. No. 1431
       74R2351 MLR-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the automation of eligibility determination for the
    1-3  state's welfare programs.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  INTEGRATED CLIENT ELIGIBILITY DETERMINATION.  (a)
    1-6  In this Act:
    1-7              (1)  "Assistance programs" means the:
    1-8                    (A)  financial assistance program (AFDC);
    1-9                    (B)  medical assistance program (Medicaid); and
   1-10                    (C)  nutritional assistance programs, including
   1-11  food stamps.
   1-12              (2)  "Commission" means the Health and Human Services
   1-13  Commission.
   1-14              (3)  "Health and human services agencies" has the
   1-15  meaning assigned by Section 19, Article 4413(502), Revised
   1-16  Statutes.
   1-17        (b)  Not later than September 1, 1996, the commission shall
   1-18  implement an automated, fully integrated system to determine client
   1-19  eligibility for use by health and human services agencies.  The
   1-20  system must have:
   1-21              (1)  decision-making components based on the rules of
   1-22  the state's assistance programs; and
   1-23              (2)  the capability of simultaneously determining
   1-24  eligibility for the state's multiple assistance programs.
    2-1        (c)  The commission may automate the determination of client
    2-2  eligibility by contracting with a private firm to conduct
    2-3  application processing.  The commission shall study the automation
    2-4  methods used by other states to determine if and when private
    2-5  contracting is effective.
    2-6        SECTION 2.  WORKLOAD STANDARDS AND EDUCATION.  (a)  Not later
    2-7  than February 1, 1996, the commission shall develop workload
    2-8  standards and educational requirements for the health and human
    2-9  services agency staff members that manage client eligibility
   2-10  determination and certification.  The workload standards shall
   2-11  address caseload, training, and other relevant factors and must be
   2-12  consistent with practices in the private sector.
   2-13        (b)  The educational requirements for the clerical staff who
   2-14  process applications under an automated system shall provide that a
   2-15  high school diploma or high school equivalency certificate is
   2-16  sufficient.  The commission shall phase out more qualified and
   2-17  higher-paid eligibility workers through worker attrition and
   2-18  replacement at an annual rate of not less than 20 percent.
   2-19        (c)  The commission shall examine cost-effective methods,
   2-20  including the use of more experienced caseworkers on a limited case
   2-21  review basis, to address:
   2-22              (1)  fraud in the assistance programs; and
   2-23              (2)  the error rate in eligibility determination.
   2-24        SECTION 3.  INTEGRATED SERVICE DELIVERY.  (a)  Not later than
   2-25  September 1, 1997, the commission shall develop, using existing
   2-26  state, local, and private resources, an integrated approach to the
   2-27  health and human service delivery system that includes a
    3-1  cost-effective one-stop or service center method of delivery to a
    3-2  client.  The commission shall determine the feasibility of using
    3-3  hospitals, schools, mental health and mental retardation centers,
    3-4  health clinics, commercial locations in malls, and other
    3-5  appropriate locations to achieve this integrated approach.
    3-6        (b)  The health and human services agencies shall cooperate
    3-7  with the commission in developing the integrated approach
    3-8  prescribed by Subsection (a) of this section.
    3-9        SECTION 4.  AMENDMENT.  Section 3.08, Chapter 15, Acts of the
   3-10  72nd Legislature, 1st Called Session, 1991 (Article 4413(505),
   3-11  Vernon's Texas Civil Statutes), is amended to read as follows:
   3-12        Sec. 3.08.  LOCATION <CO-LOCATION> OF OFFICES AND FACILITIES.
   3-13  (a)  As leases on office space expire, the commission shall
   3-14  determine the needs for space and the location of health and human
   3-15  services agency offices to enable the commission to achieve a
   3-16  cost-effective one-stop or service center method of health and
   3-17  human service delivery.  <The administrative heads of the health
   3-18  and human service agencies shall review the agencies' current
   3-19  office and facility arrangements and study the feasibility of
   3-20  co-locating offices or facilities located in the same geographic
   3-21  area and shall report back to the commission not later than
   3-22  September 1, 1992.>
   3-23        (b)  <On receiving approval from the commission, the
   3-24  administrative heads of two or more health and human service
   3-25  agencies with offices or facilities located in the same geographic
   3-26  region shall co-locate the offices or facilities if the results of
   3-27  the study conducted under this section show that client access
    4-1  would be enhanced, the cost of co-location is not greater than the
    4-2  combined operating costs of the separate offices or facilities of
    4-3  those agencies, and the co-location would improve the efficiency of
    4-4  the delivery of services.>
    4-5        <(c)>  In this section, "health and human service agencies"
    4-6  includes the:
    4-7              (1)  Interagency Council on Early Childhood
    4-8  Intervention Services;
    4-9              (2)  Texas Department on Aging;
   4-10              (3)  Texas Commission on Alcohol and Drug Abuse;
   4-11              (4)  Texas Commission for the Blind;
   4-12              (5)  Texas Commission for the Deaf and Hearing
   4-13  Impaired;
   4-14              (6)  Texas Department of Health;
   4-15              (7)  Texas Department of Human Services;
   4-16              (8)  Texas Juvenile Probation Commission;
   4-17              (9)  Texas Department of Mental Health and Mental
   4-18  Retardation;
   4-19              (10)  Texas Rehabilitation Commission; and
   4-20              (11)  Department of Protective and Regulatory Services.
   4-21        SECTION 5.  AMENDMENT.  Section 6.031(a), State Purchasing
   4-22  and General Services Act (Article 601b, Vernon's Texas Civil
   4-23  Statutes), is amended to read as follows:
   4-24        (a)  Notwithstanding any other provision of this article, the
   4-25  <The> commission may not lease office space to service the needs of
   4-26  any <a single> health and human service agency unless the Health
   4-27  and Human Services Commission has approved the office space for the
    5-1  agency <agency can provide the commission with a reason for not
    5-2  sharing the office space with one or more other health and human
    5-3  service agencies>.
    5-4        SECTION 6.  EFFECTIVE DATE.  (a)  This Act takes effect
    5-5  September 1, 1995.
    5-6        (b)  Sections 1-3 of this Act expire September 1, 1997.
    5-7        SECTION 7.  EMERGENCY.  The importance of this legislation
    5-8  and the crowded condition of the calendars in both houses create an
    5-9  emergency and an imperative public necessity that the
   5-10  constitutional rule requiring bills to be read on three several
   5-11  days in each house be suspended, and this rule is hereby suspended.