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.