74R13620 CLG-F
By Zaffirini, et al. S.B. No. 1675
Substitute the following for S.B. No. 1675:
By Berlanga C.S.S.B. No. 1675
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to powers and duties of the Health and Human Services
1-3 Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 10, Article 4413(502), Revised Statutes,
1-6 is amended by amending Subsection (d) and adding Subsection (e) to
1-7 read as follows:
1-8 (d) All health and human services agencies shall submit
1-9 strategic plans and biennial updates to the commission on a date to
1-10 be determined by commission rule. The commission shall review and
1-11 comment on the strategic plans and biennial updates.
1-12 (e) Not later than January 1 of each even-numbered year, the
1-13 commission shall begin formal discussions with each health and
1-14 human services agency regarding that agency's strategic plan or
1-15 biennial update.
1-16 SECTION 2. Section 12, Article 4413(502), Revised Statutes,
1-17 is amended to read as follows:
1-18 Sec. 12. PUBLIC INPUT <INTEREST> INFORMATION AND COMPLAINTS.
1-19 (a) The commission shall develop and implement policies that
1-20 provide the public with a reasonable opportunity to appear before
1-21 the commission and to speak on any issue under the jurisdiction of
1-22 the commission.
1-23 (b) The commission shall develop and implement routine and
1-24 ongoing mechanisms, in accessible formats:
2-1 (1) to receive consumer input; and
2-2 (2) to involve consumers in planning, delivery, and
2-3 evaluation of programs and services under the jurisdiction of the
2-4 commission.
2-5 (c) The commission shall prepare information of public
2-6 interest describing the functions of the commission and the
2-7 commission's procedures by which complaints are filed with and
2-8 resolved by the commission. The commission shall make the
2-9 information available to the public and appropriate state agencies.
2-10 (d) <(c)> The commissioner by rule shall establish methods
2-11 by which the public, consumers, and service recipients can be
2-12 notified of the mailing addresses and telephone numbers of
2-13 appropriate agency personnel for the purpose of directing
2-14 complaints to the commission. The commission may provide for that
2-15 notification:
2-16 (1) on each registration form, application, or written
2-17 contract for services of a person or entity regulated by the
2-18 commission;
2-19 (2) on a sign prominently displayed in the place of
2-20 business of each person or entity regulated by the commission; or
2-21 (3) in a bill for service provided by a person or
2-22 entity regulated by the commission.
2-23 (e) <(d)> The commission shall keep an information file
2-24 about each complaint filed with the commission relating to:
2-25 (1) a license holder or entity regulated by the
2-26 commission; or
2-27 (2) a service delivered by the commission.
3-1 (f) <(e)> If a written complaint is filed with the
3-2 commission relating to a license holder or entity regulated by the
3-3 commission or a service delivered by the commission, the
3-4 commission, at least quarterly and until final disposition of the
3-5 complaint, shall notify the parties to the complaint of the status
3-6 of the complaint unless notice would jeopardize an undercover
3-7 investigation.
3-8 SECTION 3. Section 13, Article 4413(502), Revised Statutes,
3-9 is amended by adding Subsection (d) to read as follows:
3-10 (d) A health and human services agency may not submit to the
3-11 legislature or the governor its legislative appropriations request
3-12 until the commission reviews and comments on the legislative
3-13 appropriations request.
3-14 SECTION 4. Article 4413(502), Revised Statutes, is amended
3-15 by adding Sections 13A, 13B, 13C, and 13D to read as follows:
3-16 Sec. 13A. HEALTH AND HUMAN SERVICES AGENCIES OPERATING
3-17 BUDGETS. (a) In addition to the provisions of the General
3-18 Appropriations Act, the commission shall review and comment on:
3-19 (1) the annual operating budget of each health and
3-20 human services agency; and
3-21 (2) the transfer of funds between budget strategies
3-22 made by each health and human services agency prior to the transfer
3-23 of the funds.
3-24 (b) The commission shall issue a report, on a quarterly
3-25 basis, regarding the projected expenditures by budget strategy of
3-26 each health and human services agency compared to each agency's
3-27 operating budget.
4-1 Sec. 13B. FEDERAL FUNDS. Notwithstanding any other state
4-2 law and to the extent permitted by federal law, the commission may
4-3 review and comment on an operational or funding plan or a
4-4 modification to that plan prepared by a health and human services
4-5 agency designated as the single state agency to administer federal
4-6 funds.
4-7 Sec. 13C. AUTOMATED SYSTEMS. A health and human services
4-8 agency may not submit its plans to the Department of Information
4-9 Resources under Subchapter E, Chapter 2054, Government Code, until
4-10 those plans are approved by the commission.
4-11 Sec. 13D. COORDINATION AND APPROVAL OF CASELOAD ESTIMATES.
4-12 (a) The commission shall coordinate and approve caseload estimates
4-13 made for programs administered by health and human services
4-14 agencies.
4-15 (b) To implement this section, the commission shall:
4-16 (1) adopt uniform guidelines to be used by health and
4-17 human services agencies in estimating their caseloads, with
4-18 allowances given for those agencies for which exceptions from the
4-19 guidelines may be necessary;
4-20 (2) assemble a single set of economic and demographic
4-21 data and provide that data to each health and human services agency
4-22 to be used in estimating its caseloads; and
4-23 (3) seek advice from health and human services
4-24 agencies, the Legislative Budget Board, the governor's budget
4-25 office, the comptroller, and other relevant agencies as needed to
4-26 coordinate the caseload estimating process.
4-27 (c) The commission shall assemble caseload estimates made by
5-1 health and human services agencies into a coherent, uniform report
5-2 and shall update the report quarterly, with assistance from those
5-3 agencies. The commission shall publish the report and make it
5-4 readily available to state and local agencies and interested
5-5 private organizations.
5-6 (d) In the report prepared under Subsection (c) of this
5-7 section, the commission shall explain the caseload estimates using
5-8 monthly averages, annual unduplicated recipients, annual service
5-9 usage, and other commonly used measures.
5-10 (e) The commission shall attach a copy of the report
5-11 prepared under Subsection (c) of this section to the consolidated
5-12 health and human services budget recommendation submitted to the
5-13 Legislative Budget Board under Section 13 of this article and shall
5-14 also submit the report to the legislature when it convenes in
5-15 regular session.
5-16 SECTION 5. Section 14, Article 4413(502), Revised Statutes,
5-17 is amended by amending Subsection (a) and adding Subsection (d) to
5-18 read as follows:
5-19 (a) The commissioner shall:
5-20 (1) arbitrate and render the <a> final decision on
5-21 interagency disputes;
5-22 (2) facilitate and enforce coordinated planning and
5-23 delivery of health and human services, including compliance with
5-24 the coordinated strategic plan, co-location of services, integrated
5-25 intake, and coordinated referral and case management;
5-26 (3) request budget execution for the transfer of funds
5-27 from one agency to another;
6-1 (4) establish a federal health and human services
6-2 funds management system and maximize the availability of those
6-3 funds;
6-4 (5) develop with the Department of Information
6-5 Resources automation standards for computer systems to enable
6-6 health and human services agencies to share pertinent data;
6-7 (6) establish and enforce uniform regional boundaries
6-8 for all health and human services agencies;
6-9 (7) carry out statewide health and human services
6-10 needs surveys and forecasting;
6-11 (8) perform independent special outcome evaluations of
6-12 health and human services programs and activities;
6-13 (9) adopt rules necessary to carry out the
6-14 commission's duties under this Act; and
6-15 (10) review and comment on health and human services
6-16 agency formulas <develop a formula> for the distribution of funds
6-17 to ensure that the formulas, to the extent permitted by federal
6-18 law, consider <considers> such need factors as client base,
6-19 population, and economic and geographic factors within the regions
6-20 of the state.
6-21 (d) Not later than the end of the first month of each fiscal
6-22 year, the commissioner shall submit to the governor, the lieutenant
6-23 governor, the speaker of the house of representatives, the
6-24 comptroller, and the Legislative Budget Board a work plan outlining
6-25 the activities of the commission for that fiscal year. The work
6-26 plan must establish priorities for the commission's activities
6-27 based on available resources.
7-1 SECTION 6. Article 4413(502), Revised Statutes, is amended
7-2 by adding Section 14A to read as follows:
7-3 Sec. 14A. DELIVERY OF SERVICES. To integrate and streamline
7-4 service delivery and facilitate access to services, the
7-5 commissioner may request a health and human services agency to take
7-6 a specific action and may recommend the manner in which the
7-7 streamlining is to be accomplished, including requesting each
7-8 health and human services agency to:
7-9 (1) simplify agency procedures;
7-10 (2) automate agency procedures;
7-11 (3) coordinate service planning and management tasks
7-12 between and among health and human services agencies;
7-13 (4) reallocate staff resources;
7-14 (5) adopt rules;
7-15 (6) amend, waive, or repeal existing rules; and
7-16 (7) take other necessary actions.
7-17 SECTION 7. Article 4413(502), Revised Statutes, is amended
7-18 by adding Section 23 to read as follows:
7-19 Sec. 23. USE OF AGENCY STAFF. To the extent requested by
7-20 the commission, a health and human services agency shall assign
7-21 existing staff to perform a function under this article.
7-22 SECTION 8. Article 4413(502), Revised Statutes, is amended
7-23 by adding Section 24 to read as follows:
7-24 Sec. 24. REPORTS ON DELIVERY OF SERVICES. (a) Each
7-25 executive head of a health and human services agency shall report
7-26 quarterly to the governing body of that agency on that agency's
7-27 efforts to streamline and simplify the delivery of services. The
8-1 agency shall submit a copy of the report to the commission.
8-2 (b) The commission shall prepare and deliver a semiannual
8-3 report to the governor, the lieutenant governor, the speaker of the
8-4 house of representatives, the comptroller, the Legislative Budget
8-5 Board, and appropriate legislative committees on the efforts of the
8-6 health and human services agencies to streamline the delivery of
8-7 services provided by those agencies.
8-8 (c) The commissioner shall adopt rules relating to the
8-9 reports required by Subsection (a) of this section, including rules
8-10 specifying when and in what manner an agency must report and what
8-11 information must be included in the report. Each agency shall
8-12 follow the rules adopted by the commissioner under this section.
8-13 SECTION 9. Section 3.08, Chapter 15, Acts of the 72nd
8-14 Legislature, 1st Called Session, 1991 (Article 4413(505), Vernon's
8-15 Texas Civil Statutes), is amended to read as follows:
8-16 Sec. 3.08. LOCATION <CO-LOCATION> OF OFFICES AND FACILITIES.
8-17 (a) As leases on office space expire, the commission shall
8-18 determine the needs for space and the location of health and human
8-19 services agency offices to enable the commission to achieve a
8-20 cost-effective one-stop or service center method of health and
8-21 human service delivery. <The administrative heads of the health
8-22 and human service agencies shall review the agencies' current
8-23 office and facility arrangements and study the feasibility of
8-24 co-locating offices or facilities located in the same geographic
8-25 area and shall report back to the commission not later than
8-26 September 1, 1992.>
8-27 (b) <On receiving approval from the commission, the
9-1 administrative heads of two or more health and human service
9-2 agencies with offices or facilities located in the same geographic
9-3 region shall co-locate the offices or facilities if the results of
9-4 the study conducted under this section show that client access
9-5 would be enhanced, the cost of co-location is not greater than the
9-6 combined operating costs of the separate offices or facilities of
9-7 those agencies, and the co-location would improve the efficiency of
9-8 the delivery of services.>
9-9 <(c)> In this section, "health and human service agencies"
9-10 includes the:
9-11 (1) Interagency Council on Early Childhood
9-12 Intervention Services;
9-13 (2) Texas Department on Aging;
9-14 (3) Texas Commission on Alcohol and Drug Abuse;
9-15 (4) Texas Commission for the Blind;
9-16 (5) Texas Commission for the Deaf and Hearing
9-17 Impaired;
9-18 (6) Texas Department of Health;
9-19 (7) Texas Department of Human Services;
9-20 (8) Texas Juvenile Probation Commission;
9-21 (9) Texas Department of Mental Health and Mental
9-22 Retardation;
9-23 (10) Texas Rehabilitation Commission; and
9-24 (11) Department of Protective and Regulatory Services.
9-25 SECTION 10. Section 6.031(a), State Purchasing and General
9-26 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
9-27 amended to read as follows:
10-1 (a) Notwithstanding any other provision of this article, the
10-2 <The> commission may not lease office space to service the needs of
10-3 any <a single> health and human service agency unless the Health
10-4 and Human Services Commission has approved the office space for the
10-5 agency <agency can provide the commission with a reason for not
10-6 sharing the office space with one or more other health and human
10-7 service agencies>.
10-8 SECTION 11. (a) The Health and Human Services Commission
10-9 shall expand its existing integrated eligibility pilot programs to
10-10 include the Harris County Hospital District and The University of
10-11 Texas Medical Branch at Galveston.
10-12 (b) A contract with the Harris County Hospital District or
10-13 The University of Texas Medical Branch at Galveston shall:
10-14 (1) specify performance-based measures to ensure error
10-15 rates are kept within acceptable federal limits;
10-16 (2) assure that the contractor assumes all liability
10-17 for any penalty incurred as a result of failure to meet federal
10-18 standards; and
10-19 (3) authorize the district and the medical branch to
10-20 simplify processes as much as possible and to use proprietary
10-21 software.
10-22 (c) Subject to approval by the Health and Human Services
10-23 Commission, the Texas Department of Human Services shall establish
10-24 standards for other automated systems to allow other entities to
10-25 file information directly.
10-26 (d) The Health and Human Services Commission shall study the
10-27 feasibility of enabling contractors or agencies other than the
11-1 Texas Department of Human Services to provide or assist in the
11-2 provision of client eligibility studies, determinations, and
11-3 certifications. In determining feasibility, the commission shall
11-4 consider:
11-5 (1) error rates;
11-6 (2) the state's potential liability;
11-7 (3) expansion of the client population; and
11-8 (4) the federal single state agency restrictions.
11-9 SECTION 12. (a) Not later than September 1, 1996, the
11-10 Health and Human Services Commission, subject to the availability
11-11 of funds to the commission and to health and human services
11-12 agencies, shall have completed the development and substantial
11-13 implementation of a plan for an integrated eligibility
11-14 determination and service delivery system for health and human
11-15 services at the local and regional levels. The plan shall specify
11-16 the dates by which all elements of the plan must be implemented.
11-17 (b) The integrated eligibility determination and service
11-18 delivery system shall be developed and implemented to achieve at
11-19 least a one-percent savings in the cost of providing administrative
11-20 and other services and staff resulting from streamlining and
11-21 eliminating duplication of services. The commission shall use the
11-22 resulting savings to further develop the integrated system and to
11-23 provide other health and human services.
11-24 (c) The commission shall examine cost-effective methods to
11-25 address:
11-26 (1) fraud in the assistance programs; and
11-27 (2) the error rate in eligibility determination.
12-1 (d) In consultation and coordination with the State Council
12-2 on Competitive Government, the commission shall make and implement
12-3 recommendations on services or functions of the integrated
12-4 eligibility determination and service delivery system that could be
12-5 provided more effectively through the use of competitive bidding or
12-6 by contracting with local governments and other appropriate
12-7 entities. If the commission determines that private contracting
12-8 may be effective, the commission may automate the determination of
12-9 client eligibility by contracting with a private firm to conduct
12-10 application processing.
12-11 (e) Not later than October 1, 1996, the commission shall
12-12 develop a plan to consolidate administrative and service delivery
12-13 functions in addition to the integrated eligibility determination
12-14 and service delivery system in order to minimize duplication. The
12-15 commission shall prepare a report of the plan for submission to the
12-16 governor, the lieutenant governor, the speaker of the house of
12-17 representatives, the comptroller, and the 75th Legislature when it
12-18 convenes.
12-19 SECTION 13. (a) Not later than September 1, 1997, the
12-20 Health and Human Services Commission shall develop, using existing
12-21 state, local, and private resources, an integrated approach to the
12-22 health and human service delivery system that includes a
12-23 cost-effective one-stop or service center method of delivery to a
12-24 client. The commission shall determine the feasibility of using
12-25 hospitals, schools, mental health and mental retardation centers,
12-26 health clinics, commercial locations in malls, and other
12-27 appropriate locations to achieve this integrated approach.
13-1 (b) The health and human services agencies shall cooperate
13-2 with the commission in developing the integrated eligibility
13-3 determination and service delivery system.
13-4 (c) This section expires September 1, 1997.
13-5 SECTION 14. The changes in law made by this Act apply
13-6 beginning with appropriations made for the fiscal year beginning
13-7 September 1, 1995.
13-8 SECTION 15. This Act takes effect September 1, 1995.
13-9 SECTION 16. The importance of this legislation and the
13-10 crowded condition of the calendars in both houses create an
13-11 emergency and an imperative public necessity that the
13-12 constitutional rule requiring bills to be read on three several
13-13 days in each house be suspended, and this rule is hereby suspended.