CLC H.B. 1945 75(R)BILL ANALYSIS HUMAN SERVICES H.B. 1945 By: Naishtat 4-16-97 Committee Report (Unamended) BACKGROUND Due to the increases in both the number of persons eligible for services and the reports of cases for investigation, the Department of Protective and Regulatory Services (DPRS) has experienced increased strain and pressure. Because of the state's shrinking budgetary capacity, the front line employees of this agency are forced to bear a heavier burden. Concerns have surfaced as to whether or not the workloads of caseworkers is too high to allow them to do an adequate job for their clients. Conversely, the AFDC and Food Stamp programs in the Texas Department of Human Services (TDHS) have experienced a decrease in caseload size. Texas has no performance measures or other standards specifying appropriate caseloads that an employee may reasonably be expected to handle efficiently and effectively during a normal work week. As we require state agencies to improve their performance, it is essential that they have adequate information about what constitutes an appropriate caseload. PURPOSE This bill would establish a caseload standards advisory committee to review the number and types of cases handled by caseworkers and to make recommendations regarding maximum and minimum caseload standards for workers employed by TDHS and DPRS. The Health and Human Services Commissioner would be authorized to consider these recommendations when establishing caseload standards for the two agencies. RULEMAKING AUTHORITY This bill grants rule making authority to the Health and Human Services Commissioner in Section 4(b). SECTION BY SECTION ANALYSIS SECTION 1.Amends Section 1, Sec. 531.001, Government Code, by 1)adding "caseload standards," and "professional caseload standards" to the list of definitions, 2) renumbering sections, and 3)replacing "Hearing Impaired" with "Hard of Hearing." SECTION 2.Amends Chapter 531, Government Code by adding Section 531.047 regarding caseload standards. (a)Allows the Health and Human Services Commissioner to ensure the provision of adequate services by establishing caseload and other standards for each category of caseworker employed by DHS or DPRS. (b)Sets forth requirements for the commissioner in establishing caseload standards. (c)Requires the commissioner and the executive director of DPRS to use the standards established by the commissioner to determine, subject to the availability of funds, the number of personnel to hire for their respective agency. (d)Requires DHS and DPRS to use the standards established by the commissioner to assign caseloads to individual caseworkers. (e)Requires the commissioner to include a recommendation made by a caseload standards advisory committee (caseload committee) in the strategic plan of the agency that is the subject of the recommendation. (f)States that nothing in this section may be construed to create a cause of action. SECTION 3.Amends Subchapter B, Chapter 531, Government Code, by adding Section 531.048 as follows: Sec. 531.048. Caseload Standards Advisory Committees. (a)Establishes caseload committees in DHS and DPRS. (b)Sets forth requirements for the composition of the caseload committee. (c)Requires the commissioner to make appointments to a caseload committee from a list submitted by the commissioner or director of the appropriate agency. (d)Provides that members of the caseload committee serve at the pleasure of the commissioner. (e)Requires the caseload standards committee to review caseload standards and to make recommendations to the commissioner on numbers of caseloads and on the ability of an agency to waive certain reporting standards when the caseload of a worker exceeds the maximum established number. (f)Requires the commissioner to dissolve a caseload committee if the commissioner determines the caseload committee is no longer necessary. (g)Subjects, except as otherwise provided, the advisory committee to Article 6252-33, Revised Statutes. (h)States that nothing in this section may be construed to create a cause of action. SECTION 4.(a)Requires the caseload committee to make its recommendations by March 1, 1998. (b)Requires the commissioner to adopt rules prescribing caseload standards by September 1, 1999. SECTION 5.Effective Date: September 1, 1997. SECTION 6.Emergency Clause.