By: Zaffirini, Moncrief S.B. No. 1675
Truan
A BILL TO BE ENTITLED
AN ACT
1-1 relating to powers and duties of the Health and Human Services
1-2 Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 10, Article 4413(502), Revised Statutes,
1-5 is amended by amending Subsection (d) and by adding Subsection (e)
1-6 to read as follows:
1-7 (d) All health and human services agencies shall submit
1-8 strategic plans and biennial updates to the commission on a date to
1-9 be determined by commission rule. The strategic plans and biennial
1-10 updates are subject to commission approval.
1-11 (e) Not later than January 1 of each even-numbered year, the
1-12 commission shall begin formal discussions with each health and
1-13 human services agency regarding that agency's strategic plan or
1-14 biennial update.
1-15 SECTION 2. Section 12, Article 4413(502), Revised Statutes,
1-16 is amended to read as follows:
1-17 Sec. 12. PUBLIC INPUT <INTEREST> INFORMATION AND COMPLAINTS.
1-18 (a) The commission shall develop and implement policies that
1-19 provide the public with a reasonable opportunity to appear before
1-20 the commission and to speak on any issue under the jurisdiction of
1-21 the commission.
1-22 (b) The commission shall develop and implement routine and
1-23 ongoing mechanisms, in accessible formats:
1-24 (1) to receive consumer input;
2-1 (2) to involve consumers in planning, delivery, and
2-2 evaluation of programs and services under the jurisdiction of the
2-3 commission; and
2-4 (3) to report to the public on the input received and
2-5 actions taken in response.
2-6 (c) The commission shall prepare information of public
2-7 interest describing the functions of the commission and the
2-8 commission's procedures by which complaints are filed with and
2-9 resolved by the commission. The commission shall make the
2-10 information available to the public and appropriate state agencies.
2-11 (d) <(c)> The commissioner by rule shall establish methods
2-12 by which the public, consumers, and service recipients can be
2-13 notified of the mailing addresses and telephone numbers of
2-14 appropriate agency personnel for the purpose of directing
2-15 complaints to the commission. The commission may provide for that
2-16 notification:
2-17 (1) on each registration form, application, or written
2-18 contract for services of a person or entity regulated by the
2-19 commission;
2-20 (2) on a sign prominently displayed in the place of
2-21 business of each person or entity regulated by the commission; or
2-22 (3) in a bill for service provided by a person or
2-23 entity regulated by the commission.
2-24 (e) <(d)> The commission shall keep an information file
2-25 about each complaint filed with the commission relating to:
2-26 (1) a license holder or entity regulated by the
2-27 commission; or
3-1 (2) a service delivered by the commission.
3-2 (f) <(e)> If a written complaint is filed with the
3-3 commission relating to a license holder or entity regulated by the
3-4 commission or a service delivered by the commission, the
3-5 commission, at least quarterly and until final disposition of the
3-6 complaint, shall notify the parties to the complaint of the status
3-7 of the complaint unless notice would jeopardize an undercover
3-8 investigation.
3-9 SECTION 3. Section 13, Article 4413(502), Revised Statutes,
3-10 is amended to read as follows:
3-11 Sec. 13. Consolidated Health and Human Services Budget.
3-12 (a) The commission has comprehensive budget and planning authority
3-13 for health and human services agencies in order to establish an
3-14 integrated eligibility determination and service delivery system.
3-15 (b) The commission shall prepare and submit to the
3-16 Legislative Budget Board and the governor by October 15 of
3-17 even-numbered years a consolidated health and human services budget
3-18 recommendation.
3-19 (c) <(b)> The commission shall base the consolidated budget
3-20 recommendation prepared under this article on priorities set in the
3-21 commission's coordinated strategic plan for health and human
3-22 services.
3-23 (d) <(c)> All health and human services agencies shall
3-24 submit to the commission a biennial agency legislative
3-25 appropriations request on a date to be determined by commission
3-26 rule.
3-27 (e) A health and human services agency may not submit to the
4-1 legislature or the governor its legislative appropriations request
4-2 until the legislative appropriations request is approved by the
4-3 commission.
4-4 SECTION 4. Article 4413(502), Revised Statutes, is amended
4-5 by adding Sections 13A, 13B, 13C, 13D, and 13E to read as follows:
4-6 Sec. 13A. HEALTH AND HUMAN SERVICES AGENCIES OPERATING
4-7 BUDGETS. (a) In addition to the provisions of the General
4-8 Appropriations Act, each agency subject to the provisions of this
4-9 article shall:
4-10 (1) obtain commission approval of its annual operating
4-11 budget prior to adoption of its annual operating budget;
4-12 (2) obtain commission approval of the transfer of
4-13 funds between budget strategies prior to the transfer of the funds;
4-14 (3) report to the commission, on a quarterly basis,
4-15 information regarding the agency's projected expenditures by budget
4-16 strategy, compared to the agency's operating budget approved by the
4-17 commission; and
4-18 (4) obtain commission approval for any adjustment to
4-19 the agency's operating budget.
4-20 (b) The commission shall adopt rules to implement this
4-21 section.
4-22 Sec. 13B. FEDERAL FUNDS. (a) Notwithstanding any other
4-23 state law and to the extent permitted by federal law, an
4-24 operational or funding plan or a modification to that plan prepared
4-25 by a health and human services agency designated as the single
4-26 state agency to administer federal funds is subject to commission
4-27 approval.
5-1 (b) The commission shall evaluate the feasibility of
5-2 designating the commission as the single state agency for federal
5-3 funds received for a health and human services purpose.
5-4 (c) For the purpose of promoting integrated, community-based
5-5 service delivery systems and to the extent permitted by federal
5-6 law, the commission may consolidate federal funds to be given to
5-7 local communities for the provision of health and human services.
5-8 Sec. 13C. AUTOMATED SYSTEMS. A health and human services
5-9 agency may not submit its plans to the Department of Information
5-10 Resources under Subchapter E, Chapter 2054, Government Code, until
5-11 those plans are approved by the commission.
5-12 Sec. 13D. INTERAGENCY TRANSFERS. (a) The commissioner may
5-13 transfer funds between the health and human services agencies
5-14 according to the provisions of the General Appropriations Act.
5-15 (b) The commission shall report to the governor's budget
5-16 office, the Legislative Budget Board, and the comptroller regarding
5-17 any transfer of funds the commissioner makes under this section.
5-18 Sec. 13E. COORDINATION AND APPROVAL OF CASELOAD ESTIMATES.
5-19 (a) The commission shall coordinate and approve caseload estimates
5-20 made for programs administered by health and human services
5-21 agencies.
5-22 (b) To implement this section, the commission shall:
5-23 (1) adopt uniform guidelines to be used by health and
5-24 human services agencies in estimating their caseloads, with
5-25 allowances given for those agencies for which exceptions from the
5-26 guidelines may be necessary;
5-27 (2) assemble a single set of economic and demographic
6-1 data and provide that data to each health and human services agency
6-2 to be used in estimating its caseloads; and
6-3 (3) seek advice from health and human services
6-4 agencies, the Legislative Budget Board, the governor's budget
6-5 office, the comptroller, and other relevant agencies as needed to
6-6 coordinate the caseload estimating process.
6-7 (c) The commission shall assemble caseload estimates made by
6-8 health and human services agencies into a coherent, uniform report
6-9 and shall update the report quarterly, with assistance from those
6-10 agencies. The commission shall publish the report and make it
6-11 readily available to state and local agencies and interested
6-12 private organizations.
6-13 (d) In the report prepared under Subsection (c) of this
6-14 section, the commission shall explain the caseload estimates using
6-15 monthly averages, annual unduplicated recipients, annual service
6-16 usage, and other commonly used measures.
6-17 (e) The commission shall attach a copy of the report
6-18 prepared under Subsection (c) of this section to the consolidated
6-19 health and human services budget recommendation submitted to the
6-20 Legislative Budget Board under Section 13 of this article and shall
6-21 also submit the report to the legislature when it convenes in
6-22 regular session.
6-23 SECTION 5. Section 14, Article 4413(502), Revised Statutes,
6-24 is amended by amending Subsection (a) and by adding Subsection (d)
6-25 to read as follows:
6-26 (a) The commissioner shall:
6-27 (1) arbitrate and render the <a> final decision on
7-1 interagency disputes;
7-2 (2) facilitate and enforce coordinated planning and
7-3 delivery of health and human services, including compliance with
7-4 the coordinated strategic plan, co-location of services, integrated
7-5 intake, and coordinated referral and case management;
7-6 (3) request budget execution for the transfer of funds
7-7 from one agency to another;
7-8 (4) establish a federal health and human services
7-9 funds management system and maximize the availability of those
7-10 funds;
7-11 (5) develop with the Department of Information
7-12 Resources automation standards for computer systems to enable
7-13 health and human services agencies to share pertinent data;
7-14 (6) establish and enforce uniform regional boundaries
7-15 for all health and human services agencies;
7-16 (7) carry out statewide health and human services
7-17 needs surveys and forecasting;
7-18 (8) perform independent special outcome evaluations of
7-19 health and human services programs and activities;
7-20 (9) adopt rules necessary to carry out the
7-21 commission's duties under this Act; and
7-22 (10) review health and human services agency formulas
7-23 <develop a formula> for the distribution of funds to ensure that
7-24 the formulas, to the extent permitted by federal law, consider
7-25 <considers> such need factors as client base, population, and
7-26 economic and geographic factors within the regions of the state.
7-27 (d) Not later than the end of the first month of each fiscal
8-1 year, the commissioner shall submit to the governor, the lieutenant
8-2 governor, the speaker of the house of representatives, the
8-3 comptroller, and the Legislative Budget Board a work plan outlining
8-4 the activities of the commission for that fiscal year. The work
8-5 plan must establish priorities for the commission's activities
8-6 based on available resources.
8-7 SECTION 6. Article 4413(502), Revised Statutes, is amended
8-8 by adding Section 14A to read as follows:
8-9 Sec. 14A. DELIVERY OF SERVICES. (a) To accomplish the goal
8-10 prescribed by Section 10(b)(3) of this article of integrating
8-11 health and human services to provide for the efficient and timely
8-12 delivery of services, each health and human services agency shall
8-13 streamline the manner in which services are delivered by that
8-14 agency in accordance with this section.
8-15 (b) To integrate and streamline service delivery and
8-16 facilitate access to services, the commissioner may require a
8-17 health and human services agency to take a specific action and may
8-18 direct the manner in which the streamlining is to be accomplished,
8-19 including requiring each health and human services agency to:
8-20 (1) simplify agency procedures;
8-21 (2) automate agency procedures;
8-22 (3) coordinate service planning and management tasks
8-23 between and among health and human services agencies;
8-24 (4) reallocate staff resources;
8-25 (5) adopt rules;
8-26 (6) amend, waive, or repeal existing rules; and
8-27 (7) take other necessary actions.
9-1 SECTION 7. Article 4413(502), Revised Statutes, is amended
9-2 by adding Section 23 to read as follows:
9-3 Sec. 23. USE OF AGENCY STAFF. To the extent requested by
9-4 the commission, a health and human services agency shall assign
9-5 existing staff to perform a function under this article.
9-6 SECTION 8. Article 4413(502), Revised Statutes, is amended
9-7 by adding Section 24 to read as follows:
9-8 Sec. 24. REPORTS ON DELIVERY OF SERVICES. (a) Each
9-9 executive head of a health and human services agency shall report
9-10 quarterly to the governing body of that agency on that agency's
9-11 efforts to streamline and simplify the delivery of services as
9-12 required by Section 14A of this article. The agency shall submit a
9-13 copy of the report to the commission.
9-14 (b) The commission shall prepare and deliver a semiannual
9-15 report to the governor, the lieutenant governor, the speaker of the
9-16 house of representatives, the comptroller, the Legislative Budget
9-17 Board, and appropriate legislative committees on the efforts of the
9-18 health and human services agencies to streamline the delivery of
9-19 services provided by those agencies.
9-20 (c) The commissioner shall adopt rules relating to the
9-21 reports required by Subsection (a) of this section, including rules
9-22 specifying when and in what manner an agency must report and what
9-23 information must be included in the report. Each agency shall
9-24 follow the rules adopted by the commissioner under this section.
9-25 SECTION 9. Section 3.08, Chapter 15, Acts of the 72nd
9-26 Legislature, 1st Called Session, 1991 (Article 4413(505), Vernon's
9-27 Texas Civil Statutes), is amended to read as follows:
10-1 Sec. 3.08. LOCATION <CO-LOCATION> OF OFFICES AND FACILITIES.
10-2 (a) As leases on office space expire, the commission shall
10-3 determine the needs for space and the location of health and human
10-4 services agency offices to enable the commission to achieve a
10-5 cost-effective one-stop or service center method of health and
10-6 human service delivery. <The administrative heads of the health
10-7 and human service agencies shall review the agencies' current
10-8 office and facility arrangements and study the feasibility of
10-9 co-locating offices or facilities located in the same geographic
10-10 area and shall report back to the commission not later than
10-11 September 1, 1992.>
10-12 (b) <On receiving approval from the commission, the
10-13 administrative heads of two or more health and human service
10-14 agencies with offices or facilities located in the same geographic
10-15 region shall co-locate the offices or facilities if the results of
10-16 the study conducted under this section show that client access
10-17 would be enhanced, the cost of co-location is not greater than the
10-18 combined operating costs of the separate offices or facilities of
10-19 those agencies, and the co-location would improve the efficiency of
10-20 the delivery of services.>
10-21 <(c)> In this section, "health and human service agencies"
10-22 includes the:
10-23 (1) Interagency Council on Early Childhood
10-24 Intervention Services;
10-25 (2) Texas Department on Aging;
10-26 (3) Texas Commission on Alcohol and Drug Abuse;
10-27 (4) Texas Commission for the Blind;
11-1 (5) Texas Commission for the Deaf and Hearing
11-2 Impaired;
11-3 (6) Texas Department of Health;
11-4 (7) Texas Department of Human Services;
11-5 (8) Texas Juvenile Probation Commission;
11-6 (9) Texas Department of Mental Health and Mental
11-7 Retardation;
11-8 (10) Texas Rehabilitation Commission; and
11-9 (11) Department of Protective and Regulatory Services.
11-10 SECTION 10. Subsection (a), Section 6.031, Article 6, State
11-11 Purchasing and General Services Act (Article 601b, Vernon's Texas
11-12 Civil Statutes), is amended to read as follows:
11-13 (a) Notwithstanding any other provision of this article, the
11-14 <The> commission may not lease office space to service the needs of
11-15 any <a single> health and human service agency unless the Health
11-16 and Human Services Commission has approved the office space for the
11-17 agency <agency can provide the commission with a reason for not
11-18 sharing the office space with one or more other health and human
11-19 service agencies>.
11-20 SECTION 11. (a) The Health and Human Services Commission
11-21 shall expand its existing integrated eligibility pilot programs to
11-22 include the Harris County Hospital District and The University of
11-23 Texas Medical Branch at Galveston.
11-24 (b) A contract with the Harris County Hospital District or
11-25 The University of Texas Medical Branch at Galveston shall:
11-26 (1) specify performance-based measures to ensure error
11-27 rates are kept within acceptable federal limits;
12-1 (2) assure that the contractor assumes all liability
12-2 for any penalty incurred as a result of failure to meet federal
12-3 standards; and
12-4 (3) authorize the district and the medical branch to
12-5 simplify processes as much as possible and to use proprietary
12-6 software.
12-7 (c) Subject to approval by the Health and Human Services
12-8 Commission, the Texas Department of Human Services shall establish
12-9 standards for other automated systems to allow other entities to
12-10 file information directly.
12-11 (d) The Health and Human Services Commission shall study the
12-12 feasibility of enabling contractors or agencies other than the
12-13 Texas Department of Human Services to provide or assist in the
12-14 provision of client eligibility studies, determinations, and
12-15 certifications. In determining feasibility, the commission shall
12-16 consider:
12-17 (1) error rates;
12-18 (2) the state's potential liability;
12-19 (3) expansion of the client population; and
12-20 (4) the federal single state agency restrictions.
12-21 SECTION 12. (a) Not later than September 1, 1996, the
12-22 Health and Human Services Commission, subject to the availability
12-23 of funds to the commission and to health and human services
12-24 agencies, shall have completed the development and substantial
12-25 implementation of a plan for an integrated eligibility
12-26 determination and service delivery system for health and human
12-27 services at the local and regional levels. The plan shall specify
13-1 the dates by which all elements of the plan must be implemented.
13-2 (b) The integrated eligibility determination and service
13-3 delivery system shall be developed and implemented to achieve at
13-4 least a one percent savings in the cost of providing administrative
13-5 and other services and staff resulting from streamlining and
13-6 eliminating duplication of services. The commission shall use the
13-7 resulting savings to further develop the integrated system and to
13-8 provide other health and human services.
13-9 (c) The commission shall examine cost-effective methods to
13-10 address:
13-11 (1) fraud in the assistance programs; and
13-12 (2) the error rate in eligibility determination.
13-13 (d) In consultation and coordination with the State Council
13-14 on Competitive Government, the commission shall make and implement
13-15 recommendations on services or functions of the integrated
13-16 eligibility determination and service delivery system that could be
13-17 provided more effectively through the use of competitive bidding or
13-18 by contracting with local governments and other appropriate
13-19 entities. If the commission determines that private contracting
13-20 may be effective, the commission may automate the determination of
13-21 client eligibility by contracting with a private firm to conduct
13-22 application processing.
13-23 (e) Not later than October 1, 1996, the commission shall
13-24 develop a plan to consolidate administrative and service delivery
13-25 functions in addition to the integrated eligibility determination
13-26 and service delivery system in order to minimize duplication. The
13-27 commission shall prepare a report of the plan for submission to the
14-1 governor, the lieutenant governor, the speaker of the house of
14-2 representatives, the comptroller, and the 75th Legislature when it
14-3 convenes.
14-4 SECTION 13. (a) Not later than September 1, 1997, the
14-5 Health and Human Services Commission shall develop, using existing
14-6 state, local, and private resources, an integrated approach to the
14-7 health and human service delivery system that includes a
14-8 cost-effective one-stop or service center method of delivery to a
14-9 client. The commission shall determine the feasibility of using
14-10 hospitals, schools, mental health and mental retardation centers,
14-11 health clinics, commercial locations in malls, and other
14-12 appropriate locations to achieve this integrated approach.
14-13 (b) The health and human services agencies shall cooperate
14-14 with the commission in developing the integrated eligibility
14-15 determination and service delivery system.
14-16 (c) This section expires September 1, 1997.
14-17 SECTION 14. The changes in law made by this Act apply
14-18 beginning with appropriations made for the fiscal year beginning
14-19 September 1, 1995.
14-20 SECTION 15. This Act takes effect September 1, 1995.
14-21 SECTION 16. The importance of this legislation and the
14-22 crowded condition of the calendars in both houses create an
14-23 emergency and an imperative public necessity that the
14-24 constitutional rule requiring bills to be read on three several
14-25 days in each house be suspended, and this rule is hereby suspended.