1-1  By:  McDonald (Senate Sponsor - Zaffirini)            H.B. No. 2698
    1-2        (In the Senate - Received from the House May 8, 1995;
    1-3  May 9, 1995, read first time and referred to Committee on Health
    1-4  and Human Services; May 17, 1995, reported favorably by the
    1-5  following vote:  Yeas 9, Nays 0; May 17, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the provision of long-term care services.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Article 4413(502), Revised Statutes, is amended
   1-11  by adding Section 10A to read as follows:
   1-12        Sec. 10A.  LONG-TERM CARE VISION.  (a)  In conjunction with
   1-13  the appropriate state agencies, the commissioner shall develop a
   1-14  plan for access to individualized long-term care services for
   1-15  persons with functional limitations or medical needs and their
   1-16  families that assists them in achieving and maintaining the
   1-17  greatest possible independence, autonomy, and quality of life.
   1-18        (b)  The guiding principles and goals of the plan focusing on
   1-19  the individual and the individual's family must:
   1-20              (1)  recognize that it is the policy of this state that
   1-21  children should grow up in families and that persons with
   1-22  disabilities and elderly persons should live in the setting of
   1-23  their choice; and
   1-24              (2)  ensure that persons needing assistance and their
   1-25  families will have:
   1-26                    (A)  the maximum possible control over their
   1-27  services;
   1-28                    (B)  a choice of a broad, comprehensive array of
   1-29  services designed to meet individual needs; and
   1-30                    (C)  the easiest possible access to appropriate
   1-31  care and support, regardless of the area of the state in which they
   1-32  live.
   1-33        (c)  The guiding principles and goals of the long-term care
   1-34  plan focusing on services and delivery of those services by the
   1-35  state must:
   1-36              (1)  emphasize the development of home-based and
   1-37  community-based services and housing alternatives to complement the
   1-38  long-term care services already in existence;
   1-39              (2)  ensure that services will be of the highest
   1-40  possible quality, with a minimum amount of regulation, structure,
   1-41  and complexity at the service level;
   1-42              (3)  recognize that maximum independence and autonomy
   1-43  represent major goals, and with those comes a certain degree of
   1-44  risk;
   1-45              (4)  maximize resources to the greatest extent
   1-46  possible, with the consumer receiving only the services that the
   1-47  consumer prefers and that are indicated by a functional assessment
   1-48  of need; and
   1-49              (5)  structure the service delivery system to support
   1-50  these goals, ensuring that any necessary complexity of the system
   1-51  is at the administrative level, not at the client level.
   1-52        (d)  The commission shall coordinate state services to ensure
   1-53  that the roles and responsibilities of the agencies providing
   1-54  long-term care are clarified and that duplication of services and
   1-55  resources is minimized.
   1-56        (e)  In this section, "long-term care" means the provision of
   1-57  health care, personal care, and assistance related to health and
   1-58  social services  over a sustained period to people of all ages and
   1-59  their families, regardless of the setting in which the care is
   1-60  given.
   1-61        SECTION 2.  The importance of this legislation and the
   1-62  crowded condition of the calendars in both houses create an
   1-63  emergency and an imperative public necessity that the
   1-64  constitutional rule requiring bills to be read on three several
   1-65  days in each house be suspended, and this rule is hereby suspended,
   1-66  and that this Act take effect and be in force from and after its
   1-67  passage, and it is so enacted.
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