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. 1-68 * * * * *