JKC H.B. 2509 75(R)BILL ANALYSIS


HUMAN SERVICES
H.B. 2509
By: Hilderbran
3-31-97
Committee Report (Unamended)

BACKGROUND

Alzheimer's is a disease that destroys the brain, leaving the afflicted
person incapable of mental or physical self-reliance.  Currently, there
are over 265,000 Texans with Alzheimer's disease.  As the elderly
population of Texas increases, the demands placed upon Texas' resources
and its citizens due to Alzheimer's disease will drastically increase.  It
is expected that by the middle of the next century, the number of Texans
with Alzheimer's will more than double.  Estimates indicate that one out
of every eight people over the age of 65 will be stricken with
Alzheimer's, and that 50 percent of Texans over the age of 85 will be
stricken with this illness.  

Currently, the Medicaid system provides nursing facility care for people
who meet specified medical coverage and financial eligibility
requirements.  Additionally, the Community-Based Alternatives (CBA)
program is a Medicaid waiver program which provides community care
services to elderly or disabled individuals who wish to delay nursing home
entry.  These programs, however, do not adequately address the specific
medical conditions, functional needs, and behavioral characteristics of
most Alzheimer's patients. 

The continuum of need presented by the individual with Alzheimer's goes
well beyond the medical model approach, which drives nursing facility
care.  Further, the alternative care provided under the CBA program does
not meet the special needs of the Alzheimer's client, which often requires
more complex and time consuming care than that required by a person
without the disease.  Therefore, Texas needs to develop specific methods
for treating Alzheimer's patients. 

The  existing system of providing long-term care to Alzheimer's patients
costs both the patient and the State of Texas.  For example, if an
Alzheimer's patient cannot receive services in his or her home or
community, institutionalization may be necessary in order to receive
assistance.  Therefore, taxpayers may be forced to finance $36,000 or more
per year in nursing facility services (the average annual cost in a Texas
nursing facility), which may be inappropriate for the individual's needs.
Individualized, community-based services such as nursing care, attendant
care, or respite care would allow an Alzheimer's patient to live more
cost-effectively in a less restrictive environment. 

One method of intervention for Alzheimer's patients employs a case
management system to coordinate an overall program of individualized
services.  Through case management, a human services professional attempts
to arrange and monitor an optimum package of long-term care, including
health and social services, which is most appropriate to the client's
needs.  A case manager and a client follow a series of problem-solving
steps that include assessing the client's needs, developing an
individualized plan of care, monitoring the services that are delivered,
and reassessing the client's situation periodically and/or as the need
arises.  In addition to filling gaps in the delivery of care, a case
management system seeks to provide clients with the full array of choices
relating to their care, ultimately producing better outcomes.   

Another method of providing more appropriate services for individuals with
Alzheimer's is to provide counseling, education, and support services for
the care givers and family members of those suffering from Alzheimer's.
Studies show that counseling, support, and education services can
substantially delay the placement of individuals into nursing facilities,
particularly during the middle stage of the illness, when placement is
generally less appropriate. 

As the number of older Texans continues to grow, so will the number of
Texans suffering from Alzheimer's disease.  In order to address this
situation, the state must develop a more comprehensive plan for the
treatment of Texans diagnosed with Alzheimer's. 
 PURPOSE

The purpose of this bill is to develop and implement a pilot program for
the treatment of individuals with Alzheimer's.  This pilot program,
developed by an advisory committee of interested parties, shall provide
for the most appropriate services for Alzheimer's patients, as well their
families and care givers. 

RULE MAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Pilot Program for the Treatment of Alzheimer's Patients.  Amends
Subchapter B, Chapter 32 of the Health and Safety Code, by adding Sec.
32.0246. 
   
  Sec. 32.0246.

 (a)Directs the Department of Human Services, in cooperation with state
and federal agencies and with the advisory committee established in
subsection (b), to develop and implement a pilot program for the treatment
of individuals diagnosed with Alzheimer's.  The pilot program must: (1) be
operated in one rural county and one urban county contiguous with the
rural county, (2) provide a continuum of care and comprehensive case
management, address gaps in services, and address the special needs  of
Alzheimer's  patients; and (3) develop and implement counseling,
education, and support services for the care givers and family members of
Alzheimer's patients.        

 (b)Directs DHS to appoint an advisory committee to assist the department
in developing and implementing the pilot program.  The advisory committee
must be comprised of the following: 

 _4 representatives from Alzheimer's patient advocacy groups
 _1 representative from a higher education institution
 _1 clinician
 _1 representative from the Department on Aging
 _1 representative from the Department on Human Services
 _1 representative from the Texas Department of Mental Health and Mental
Retardation 

 (c)The pilot program may not make any individual eligible for medical
assistance that is not otherwise eligible. 

 (d)DHS may seek and accept gifts, grants, or donations in order to
develop and implement the pilot program as long as no donor has a
contested case pending before any agency participating in the pilot
program. 

 (e)DHS shall report to the legislature on the effectiveness of this
program by January 15, 1999. 

SECTION 2.Emergency clause.