1-1 By: Zaffirini S.B. No. 1675
1-2 (In the Senate - Filed April 24, 1995; April 24, 1995, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 April 27, 1995, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 27, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to powers and duties of the Health and Human Services
1-9 Commission.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 10, Article 4413(502), Revised Statutes,
1-12 is amended by amending Subsection (d) and by adding Subsection (e)
1-13 to read as follows:
1-14 (d) All health and human services agencies shall submit
1-15 strategic plans and biennial updates to the commission on a date to
1-16 be determined by commission rule. The strategic plans and biennial
1-17 updates are subject to commission approval.
1-18 (e) Not later than January 1 of each even-numbered year, the
1-19 commission shall begin formal discussions with each health and
1-20 human services agency regarding that agency's strategic plan or
1-21 biennial update.
1-22 SECTION 2. Section 13, Article 4413(502), Revised Statutes,
1-23 is amended to read as follows:
1-24 Sec. 13. Consolidated Health and Human Services Budget.
1-25 (a) The commission has comprehensive budget and planning authority
1-26 for health and human services agencies in order to establish an
1-27 integrated eligibility determination and service delivery system.
1-28 (b) The commission shall prepare and submit to the
1-29 Legislative Budget Board and the governor by October 15 of
1-30 even-numbered years a consolidated health and human services budget
1-31 recommendation.
1-32 (c) <(b)> The commission shall base the consolidated budget
1-33 recommendation prepared under this article on priorities set in the
1-34 commission's coordinated strategic plan for health and human
1-35 services.
1-36 (d) <(c)> All health and human services agencies shall
1-37 submit to the commission a biennial agency legislative
1-38 appropriations request on a date to be determined by commission
1-39 rule.
1-40 (e) A health and human services agency may not submit to the
1-41 legislature or the governor its legislative appropriations request
1-42 until the legislative appropriations request is approved by the
1-43 commission.
1-44 SECTION 3. Article 4413(502), Revised Statutes, is amended
1-45 by adding Sections 13A, 13B, 13C, 13D, and 13E to read as follows:
1-46 Sec. 13A. HEALTH AND HUMAN SERVICES AGENCIES OPERATING
1-47 BUDGETS. (a) In addition to the provisions of the General
1-48 Appropriations Act, each agency subject to the provisions of this
1-49 article shall:
1-50 (1) obtain commission approval of its annual operating
1-51 budget prior to adoption of its annual operating budget;
1-52 (2) obtain commission approval of the transfer of
1-53 funds between budget strategies prior to the transfer of the funds;
1-54 (3) report to the commission, on a quarterly basis,
1-55 information regarding the agency's projected expenditures by budget
1-56 strategy, compared to the agency's operating budget approved by the
1-57 commission; and
1-58 (4) obtain commission approval for any adjustment to
1-59 the agency's operating budget.
1-60 (b) The commission shall adopt rules to implement this
1-61 section.
1-62 Sec. 13B. FEDERAL FUNDS. (a) Notwithstanding any other
1-63 state law and to the extent permitted by federal law, an
1-64 operational or funding plan or a modification to that plan prepared
1-65 by a health and human services agency designated as the single
1-66 state agency to administer federal funds is subject to commission
1-67 approval.
1-68 (b) The commission shall evaluate the feasibility of
2-1 designating the commission as the single state agency for federal
2-2 funds received for a health and human services purpose.
2-3 (c) For the purpose of promoting integrated, community-based
2-4 service delivery systems and to the extent permitted by federal
2-5 law, the commission may consolidate federal funds to be given to
2-6 local communities for the provision of health and human services.
2-7 Sec. 13C. AUTOMATED SYSTEMS. A health and human services
2-8 agency may not submit its plans to the Department of Information
2-9 Resources under Subchapter E, Chapter 2054, Government Code, until
2-10 those plans are approved by the commission.
2-11 Sec. 13D. INTERAGENCY TRANSFERS. (a) The commissioner may
2-12 transfer funds between the health and human services agencies
2-13 according to the provisions of the General Appropriations Act.
2-14 (b) The commission shall report to the governor's budget
2-15 office, the Legislative Budget Board, and the comptroller regarding
2-16 any transfer of funds the commissioner makes under this section.
2-17 Sec. 13E. COORDINATION AND APPROVAL OF CASELOAD ESTIMATES.
2-18 (a) The commission shall coordinate and approve caseload estimates
2-19 made for programs administered by health and human services
2-20 agencies.
2-21 (b) To implement this section, the commission shall:
2-22 (1) adopt uniform guidelines to be used by health and
2-23 human services agencies in estimating their caseloads, with
2-24 allowances given for those agencies for which exceptions from the
2-25 guidelines may be necessary;
2-26 (2) assemble a single set of economic and demographic
2-27 data and provide that data to each health and human services agency
2-28 to be used in estimating its caseloads; and
2-29 (3) seek advice from health and human services
2-30 agencies, the Legislative Budget Board, the governor's budget
2-31 office, the comptroller, and other relevant agencies as needed to
2-32 coordinate the caseload estimating process.
2-33 (c) The commission shall assemble caseload estimates made by
2-34 health and human services agencies into a coherent, uniform report
2-35 and shall update the report quarterly, with assistance from those
2-36 agencies. The commission shall publish the report and make it
2-37 readily available to state and local agencies and interested
2-38 private organizations.
2-39 (d) In the report prepared under Subsection (c) of this
2-40 section, the commission shall explain the caseload estimates using
2-41 monthly averages, annual unduplicated recipients, annual service
2-42 usage, and other commonly used measures.
2-43 (e) The commission shall attach a copy of the report
2-44 prepared under Subsection (c) of this section to the consolidated
2-45 health and human services budget recommendation submitted to the
2-46 Legislative Budget Board under Section 13 of this article and shall
2-47 also submit the report to the legislature when it convenes in
2-48 regular session.
2-49 SECTION 4. Section 14, Article 4413(502), Revised Statutes,
2-50 is amended by amending Subsection (a) and by adding Subsection (d)
2-51 to read as follows:
2-52 (a) The commissioner shall:
2-53 (1) arbitrate and render the <a> final decision on
2-54 interagency disputes;
2-55 (2) facilitate and enforce coordinated planning and
2-56 delivery of health and human services, including compliance with
2-57 the coordinated strategic plan, co-location of services, integrated
2-58 intake, and coordinated referral and case management;
2-59 (3) request budget execution for the transfer of funds
2-60 from one agency to another;
2-61 (4) establish a federal health and human services
2-62 funds management system and maximize the availability of those
2-63 funds;
2-64 (5) develop with the Department of Information
2-65 Resources automation standards for computer systems to enable
2-66 health and human services agencies to share pertinent data;
2-67 (6) establish and enforce uniform regional boundaries
2-68 for all health and human services agencies;
2-69 (7) carry out statewide health and human services
2-70 needs surveys and forecasting;
3-1 (8) perform independent special outcome evaluations of
3-2 health and human services programs and activities;
3-3 (9) adopt rules necessary to carry out the
3-4 commission's duties under this Act; and
3-5 (10) review health and human services agency formulas
3-6 <develop a formula> for the distribution of funds to ensure that
3-7 the formulas, to the extent permitted by federal law, consider such
3-8 need factors as client base, population, and economic and
3-9 geographic factors within the regions of the state.
3-10 (d) Not later than the end of the first month of each fiscal
3-11 year, the commissioner shall submit to the governor, the lieutenant
3-12 governor, the speaker of the house of representatives, the
3-13 comptroller, and the Legislative Budget Board a work plan outlining
3-14 the activities of the commission for that fiscal year. The work
3-15 plan must establish priorities for the commission's activities
3-16 based on available resources.
3-17 SECTION 5. Article 4413(502), Revised Statutes, is amended
3-18 by adding Section 14A to read as follows:
3-19 Sec. 14A. DELIVERY OF SERVICES. (a) To accomplish the goal
3-20 prescribed by Section 10(b)(3) of this article of integrating
3-21 health and human services to provide for the efficient and timely
3-22 delivery of services, each health and human services agency shall
3-23 streamline the manner in which services are delivered by that
3-24 agency in accordance with this section.
3-25 (b) To integrate and streamline service delivery and
3-26 facilitate access to services, the commissioner may require a
3-27 health and human services agency to take a specific action and may
3-28 direct the manner in which the streamlining is to be accomplished,
3-29 including requiring each health and human services agency to:
3-30 (1) simplify agency procedures;
3-31 (2) automate agency procedures;
3-32 (3) coordinate service planning and management tasks
3-33 between and among health and human services agencies;
3-34 (4) reallocate staff resources;
3-35 (5) adopt rules;
3-36 (6) amend, waive, or repeal existing rules; and
3-37 (7) take other necessary actions.
3-38 SECTION 6. Article 4413(502), Revised Statutes, is amended
3-39 by adding Section 23 to read as follows:
3-40 Sec. 23. USE OF AGENCY STAFF. To the extent requested by
3-41 the commission, a health and human services agency shall assign
3-42 existing staff to perform a function under this article.
3-43 SECTION 7. Article 4413(502), Revised Statutes, is amended
3-44 by adding Section 24 to read as follows:
3-45 Sec. 24. REPORTS ON DELIVERY OF SERVICES. (a) Each
3-46 executive head of a health and human services agency shall report
3-47 quarterly to the governing body of that agency on that agency's
3-48 efforts to streamline and simplify the delivery of services as
3-49 required by Section 14A of this article. The agency shall submit a
3-50 copy of the report to the commission.
3-51 (b) The commission shall prepare and deliver a semiannual
3-52 report to the governor, the lieutenant governor, the speaker of the
3-53 house of representatives, the comptroller, the Legislative Budget
3-54 Board, and appropriate legislative committees on the efforts of the
3-55 health and human services agencies to streamline the delivery of
3-56 services provided by those agencies.
3-57 (c) The commissioner shall adopt rules relating to the
3-58 reports required by Subsection (a) of this section, including rules
3-59 specifying when and in what manner an agency must report and what
3-60 information must be included in the report. Each agency shall
3-61 follow the rules adopted by the commissioner under this section.
3-62 SECTION 8. Section 3.08, Chapter 15, Acts of the 72nd
3-63 Legislature, 1st Called Session, 1991 (Article 4413(505), Vernon's
3-64 Texas Civil Statutes), is amended to read as follows:
3-65 Sec. 3.08. LOCATION <CO-LOCATION> OF OFFICES AND FACILITIES.
3-66 (a) As leases on office space expire, the commission shall
3-67 determine the needs for space and the location of health and human
3-68 services agency offices to enable the commission to achieve a
3-69 cost-effective one-stop or service center method of health and
3-70 human service delivery. <The administrative heads of the health
4-1 and human service agencies shall review the agencies' current
4-2 office and facility arrangements and study the feasibility of
4-3 co-locating offices or facilities located in the same geographic
4-4 area and shall report back to the commission not later than
4-5 September 1, 1992.>
4-6 (b) <On receiving approval from the commission, the
4-7 administrative heads of two or more health and human service
4-8 agencies with offices or facilities located in the same geographic
4-9 region shall co-locate the offices or facilities if the results of
4-10 the study conducted under this section show that client access
4-11 would be enhanced, the cost of co-location is not greater than the
4-12 combined operating costs of the separate offices or facilities of
4-13 those agencies, and the co-location would improve the efficiency of
4-14 the delivery of services.>
4-15 <(c)> In this section, "health and human service agencies"
4-16 includes the:
4-17 (1) Interagency Council on Early Childhood
4-18 Intervention Services;
4-19 (2) Texas Department on Aging;
4-20 (3) Texas Commission on Alcohol and Drug Abuse;
4-21 (4) Texas Commission for the Blind;
4-22 (5) Texas Commission for the Deaf and Hearing
4-23 Impaired;
4-24 (6) Texas Department of Health;
4-25 (7) Texas Department of Human Services;
4-26 (8) Texas Juvenile Probation Commission;
4-27 (9) Texas Department of Mental Health and Mental
4-28 Retardation;
4-29 (10) Texas Rehabilitation Commission; and
4-30 (11) Department of Protective and Regulatory Services.
4-31 SECTION 9. Subsection (a), Section 6.031, Article 6, State
4-32 Purchasing and General Services Act (Article 601b, Vernon's Texas
4-33 Civil Statutes), is amended to read as follows:
4-34 (a) Notwithstanding any other provision of this article, the
4-35 <The> commission may not lease office space to service the needs of
4-36 any <a single> health and human service agency unless the Health
4-37 and Human Services Commission has approved the office space for the
4-38 agency <agency can provide the commission with a reason for not
4-39 sharing the office space with one or more other health and human
4-40 service agencies>.
4-41 SECTION 10. (a) The Health and Human Services Commission
4-42 shall expand its existing integrated eligibility pilot programs to
4-43 include the Harris County Hospital District and The University of
4-44 Texas Medical Branch at Galveston.
4-45 (b) A contract with the Harris County Hospital District or
4-46 The University of Texas Medical Branch at Galveston shall:
4-47 (1) specify performance-based measures to ensure error
4-48 rates are kept within acceptable federal limits;
4-49 (2) assure that the contractor assumes all liability
4-50 for any penalty incurred as a result of failure to meet federal
4-51 standards; and
4-52 (3) authorize the district and the medical branch to
4-53 simplify processes as much as possible and to use proprietary
4-54 software.
4-55 (c) Subject to approval by the Health and Human Services
4-56 Commission, the Texas Department of Human Services shall establish
4-57 standards for other automated systems to allow other entities to
4-58 file information directly.
4-59 (d) The Health and Human Services Commission shall study the
4-60 feasibility of enabling contractors or agencies other than the
4-61 Texas Department of Human Services to provide or assist in the
4-62 provision of client eligibility studies, determinations, and
4-63 certifications. In determining feasibility, the commission shall
4-64 consider:
4-65 (1) error rates;
4-66 (2) the state's potential liability;
4-67 (3) expansion of the client population; and
4-68 (4) the federal single state agency restrictions.
4-69 SECTION 11. (a) Not later than September 1, 1996, the
4-70 Health and Human Services Commission, subject to the availability
5-1 of funds to the commission and to health and human services
5-2 agencies, shall have completed the development and substantial
5-3 implementation of a plan for an integrated eligibility
5-4 determination and service delivery system for health and human
5-5 services at the local and regional levels. The plan shall specify
5-6 the dates by which all elements of the plan must be implemented.
5-7 (b) The integrated eligibility determination and service
5-8 delivery system shall be developed and implemented to achieve at
5-9 least a one percent savings in the cost of providing administrative
5-10 and other services and staff resulting from streamlining and
5-11 eliminating duplication of services. The commission shall use the
5-12 resulting savings to further develop the integrated system and to
5-13 provide other health and human services.
5-14 (c) The commission shall examine cost-effective methods to
5-15 address:
5-16 (1) fraud in the assistance programs; and
5-17 (2) the error rate in eligibility determination.
5-18 (d) In consultation and coordination with the State Council
5-19 on Competitive Government, the commission shall make and implement
5-20 recommendations on services or functions of the integrated
5-21 eligibility determination and service delivery system that could be
5-22 provided more effectively through the use of competitive bidding or
5-23 by contracting with local governments and other appropriate
5-24 entities. If the commission determines that private contracting
5-25 may be effective, the commission may automate the determination of
5-26 client eligibility by contracting with a private firm to conduct
5-27 application processing.
5-28 (e) Not later than October 1, 1996, the commission shall
5-29 develop a plan to consolidate administrative and service delivery
5-30 functions in addition to the integrated eligibility determination
5-31 and service delivery system in order to minimize duplication. The
5-32 commission shall prepare a report of the plan for submission to the
5-33 governor, the lieutenant governor, the speaker of the house of
5-34 representatives, the comptroller, and the 75th Legislature when it
5-35 convenes.
5-36 SECTION 12. (a) Not later than September 1, 1997, the
5-37 Health and Human Services Commission shall develop, using existing
5-38 state, local, and private resources, an integrated approach to the
5-39 health and human service delivery system that includes a
5-40 cost-effective one-stop or service center method of delivery to a
5-41 client. The commission shall determine the feasibility of using
5-42 hospitals, schools, mental health and mental retardation centers,
5-43 health clinics, commercial locations in malls, and other
5-44 appropriate locations to achieve this integrated approach.
5-45 (b) The health and human services agencies shall cooperate
5-46 with the commission in developing the integrated eligibility
5-47 determination and service delivery system.
5-48 (c) This section expires September 1, 1997.
5-49 SECTION 13. The changes in law made by this Act apply
5-50 beginning with appropriations made for the fiscal year beginning
5-51 September 1, 1995.
5-52 SECTION 14. This Act takes effect September 1, 1995.
5-53 SECTION 15. The importance of this legislation and the
5-54 crowded condition of the calendars in both houses create an
5-55 emergency and an imperative public necessity that the
5-56 constitutional rule requiring bills to be read on three several
5-57 days in each house be suspended, and this rule is hereby suspended.
5-58 * * * * *