CLC C.S.S.B. 273 75(R)BILL ANALYSIS


HUMAN SERVICES
C.S.S.B. 273
By: Zaffirini
5-6-97
Committee Report (Substituted)


BACKGROUND 

Currently, almost all the funds Texans spend on programs for seniors fall
under the category of "long-term care."  Seventy percent of the entire
Long-term Care Continuum appropriation is dedicated to payments to nursing
homes.  Many senior Texans make poor choices about the kind and amount of
"long-term care" they need.  A consumer guide regarding such "long-term
care" has been recommended by the Texas Performance Review Recommendation.
This bill would require the Department on Aging to develop, with the
assistance from an interagency work group, such a consumer guide.  This
bill would provide that the consumer guide contain comprehensive
information on services available to senior citizens, including long-term
care services, housing assistance, meals, personal care, and
transportation. 

PURPOSE

As proposed, C.S.S.B. 273 provides for development and updating of a
senior citizen consumer guide by the Texas Department on Aging.   

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board on Aging in SECTION 2
(Section 101.031, Human Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 403A, Government Code, by adding Section
403.026, as follows: 

Sec. 403.026.  SENIOR CITIZEN CONSUMER GUIDE; INTERAGENCY WORK GROUP.
Requires the department on aging to develop and annually update a
statewide consumer guide for senior citizens designed to assist senior
citizens and their families in making informed choices regarding senior
services.  Sets forth requirements for the guide. Sets forth the
composition of an interagency work group created to assist the department
in developing and updating the guide.  Authorizes the department to
request that other state agencies or universities designate
representatives to serve on the work group if  the agency or university
requested to participate has an employee with specialized expertise or
knowledge of a subject matter to be included in the guide.  Provides that
a member of the work group serves at the will of the appointing entity.
Requires the department to appoint a member of the work group to serve as
presiding officer.  Requires the member of the group to elect any other
necessary officers.  Requires the work group to meet at the call of the
presiding officer.  Provides that the appointing entity is responsible for
the expenses of a member's service on the work group.  Provides that a
member of the work group received no additional compensation for serving
on the work group.  Provides that the work group is not subject to Article
6252-33, V.T.C.S., relating to state agency advisory committees.  Requires
the entities specified in this section to take all action necessary to
assist the department in developing and updating the guide.  Authorizes
the work group to modify the contents of the guide if the modifications do
not detract from the goal of increasing consumer access to senior
services.  Requires the department to make the guide available to the
public through the Internet and each area agency on aging, and, on
request, to another state agency in electronic format.  Requires the
interagency work group to consult with consumer and provider groups
involved in the delivery of long-term care services when conducting the
work needed to develop the guide.  

SECTION 2. Amends Chapter 101B, Human Resources Code, by adding Section
101.031, as follows: 

Sec. 101.031.  SENIOR CITIZEN CONSUMER GUIDE; SUPPORT AND DISTRIBUTION.
Requires the Texas Board on Aging (board), by rule, to require an area
agency on aging to submit annually to the comptroller current information
on local service providers and resources for senior citizens for inclusion
in the senior citizen consumer guide. Requires each agency to provide the
information in a format prescribed by the department. Requires an area
agency on aging to make the guide available to as many senior citizens in
the agency's service area as possible.  
 
SECTION 3.  Amends section 101.022, Human Resource Code, by adding
subsections (f) and (h), as follows: 

(f)  Directs the department to lead a group of state agencies formed to
identify and address major public policy issues relating to the aging of
Texas Residents.  Provides for the membership and responsibility of the
group. 

(h)  Directs the department to form a broad-based coalition of the public
and private sectors. Provides for the membership and the responsibility of
the group. 
 

SECTION 4.  Directs the comptroller to coordinate a joint study of
planning and financial strategies for long-term health care for the
elderly and persons with disabilities.  Provides for the conductors of the
study and what the study shall include.  Allows the comptroller to
contract with an actuary for assistance with financial aspects of the
study.  Defines "Long-term care".  Directs the comptroller to submit to
the legislature a report not later than December 15, 1998.  

SECTION 5. Requires each area agency on aging to submit to the department
information on local resources for senior citizens in the agency's area
for inclusion in the initial senior citizen consumer guide created under
Section 403.026, Government Code, as added by this Act, no later than
January 10, 1998. 

SECTION 6. Requires the department to provide opportunity for review and
comment of the guide to consumer and provider groups involved in the
delivery of long-term care services prior to completion of the guide.
Requires the department to complete development of and make available the
guide required by Section 403.026, Government Code, as added by this Act,
no later than February 14, 1998.    

SECTION 7. Requires the interagency work group created under Section
403.026(b), Government Code, as added by this Act, to prepare and deliver
to the standing committees of the senate and house of representatives with
primary jurisdiction over human services a report regarding the
effectiveness of the senior citizen consumer guide required by Section
403.026, Government Code, as added by this Act, no later than January 15,
1999. 

SECTION 6. Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute takes the responsibility of developing and the maintaining
the statewide consumer guide for senior citizens from the comptroller and
places it with the Texas Department on Aging. 

SECTION  3 is added.  Amends section 101.022, Human Resource Code, by
adding subsections (f) and (h), as follows: 

(f)  Directs the department to lead a group of state agencies formed to
identify and address  major public policy issues relating to the aging of
Texas Residents.  Provides for the membership and responsibility of the
group. 

(h)  Directs the department to form a broad-based coalition of the public
and private sectors. Provides for the membership and the responsibility of
the group. 
 

SECTION 4 is added.  Directs the comptroller to coordinate a joint study
of planning and financial strategies for long-term health care for the
elderly and persons with disabilities.  Provides for the conductors of the
study and what the study shall include.  Allows the comptroller to
contract with an actuary for assistance with financial aspects of the
study.  Defines "Long-term care".  Directs the comptroller to submit to
the legislature a report not later than December 15, 1998.  

Subsequent sections are renumbered accordingly.