1-1                                   AN ACT

 1-2     relating to the assessment of needs of individuals served by

 1-3     long-term care services programs offered by health and human

 1-4     services agencies.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  DEFINITIONS.  In this Act:

 1-7                 (1)  "Commission" means the Health and Human Services

 1-8     Commission.

 1-9                 (2)  "Pilot program" means the pilot program for

1-10     consistent functional needs assessment established under this Act.

1-11           SECTION 2.  PILOT PROGRAM FOR CONSISTENT FUNCTIONAL NEEDS

1-12     ASSESSMENT.  (a)  Subject to Section 3 of this Act, the commission

1-13     shall develop a  functional needs assessment pilot program to

1-14     determine the feasibility of a consistent process to be used by

1-15     long-term care services programs in this state to assess the needs

1-16     of populations served by the programs. The consistent functional

1-17     needs assessment process must be appropriate to the needs of the

1-18     populations served by long-term care services programs in this

1-19     state and must be based on the functional needs of an individual

1-20     for assistance, rather than the origin of the individual's

1-21     disability or the individual's diagnosis or age.

1-22           (b)  In developing the consistent functional needs assessment

1-23     process, the commission shall consult with:

1-24                 (1)  advocacy groups representing individuals served by

 2-1     long-term care services programs in this state and the families of

 2-2     those individuals;

 2-3                 (2)  providers of services to individuals served by

 2-4     long-term care services programs;

 2-5                 (3)  representatives of state agencies that provide

 2-6     long-term care services programs or that would otherwise be

 2-7     affected by implementation of the consistent functional needs

 2-8     assessment process; and

 2-9                 (4)  other appropriate individuals and entities.

2-10           (c)  The commission shall conduct the pilot program using a

2-11     test population that is representative of the types of populations

2-12     who are enrolled in or who seek enrollment in long-term care

2-13     services programs in this state.

2-14           SECTION 3.  FUNDING.  The commission shall solicit and may

2-15     accept gifts and grants of money, property, or services to develop,

2-16     implement, and administer the pilot program and may not conduct the

2-17     pilot program unless it obtains adequate funding from these

2-18     sources.

2-19           SECTION 4.  REPORT TO LEGISLATURE.  (a)  Not later than

2-20     November 1, 1998, the commission shall report the preliminary

2-21     results of the pilot program to the legislature.

2-22           (b)  Not later than November 1, 2000, the commission shall

2-23     report to the legislature on the feasibility of implementation of

2-24     the consistent functional needs assessment process developed under

2-25     this Act.

2-26           SECTION 5.  EXPIRATION DATE.  This Act expires September 1,

2-27     2001.

 3-1           SECTION 6.  EMERGENCY.  The importance of this legislation

 3-2     and the crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended,

 3-6     and that this Act take effect and be in force from and after its

 3-7     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 663 was passed by the House on April

         11, 1997, by the following vote:  Yeas 132, Nays 0, 2 present, not

         voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 663 was passed by the Senate on May

         15, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor