AN ACT
1-1 relating to development of a statewide consumer guide for senior
1-2 citizens and to coordination of state activities relating to aging;
1-3 authorizing a study relating to long-term health care.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 403, Government Code, is
1-6 amended by adding Section 403.026 to read as follows:
1-7 Sec. 403.026. SENIOR CITIZEN CONSUMER GUIDE; INTERAGENCY
1-8 WORK GROUP. (a) The comptroller shall develop and annually update
1-9 a statewide consumer guide for senior citizens designed to assist
1-10 senior citizens and their families in making informed choices
1-11 regarding available senior services. The guide must:
1-12 (1) contain a directory of service providers for
1-13 senior citizens in a format developed by the interagency work group
1-14 created under Subsection (b) and arranged by geographical area if
1-15 appropriate;
1-16 (2) contain comprehensive information on services
1-17 available to senior citizens, including long-term care services,
1-18 housing assistance, meals, personal care, and transportation;
1-19 (3) enable a senior citizen or a person assisting a
1-20 senior citizen to identify and assess each option available for
1-21 meeting a senior citizen's individual needs; and
1-22 (4) prominently display:
1-23 (A) the regional toll-free access number of the
2-1 appropriate area agency on aging; and
2-2 (B) the toll-free number of the Texas Department
2-3 on Aging.
2-4 (b) An interagency work group is created to assist the
2-5 comptroller in developing and updating the guide. The work group
2-6 is composed of representatives from:
2-7 (1) the comptroller's office, appointed by the
2-8 comptroller;
2-9 (2) the Texas Department on Aging, appointed by the
2-10 executive director of that agency;
2-11 (3) the Texas Department of Human Services, appointed
2-12 by the commissioner of human services;
2-13 (4) the Texas Department of Housing and Community
2-14 Affairs, appointed by the director of that agency;
2-15 (5) the Health and Human Services Commission,
2-16 appointed by the commissioner of health and human services;
2-17 (6) the Texas Department of Insurance, appointed by
2-18 the commissioner of insurance;
2-19 (7) the office of the attorney general, appointed by
2-20 the attorney general; and
2-21 (8) consumer groups representing senior citizen
2-22 interests, appointed by the executive director of the Texas
2-23 Department on Aging.
2-24 (c) The comptroller may request that other state agencies or
2-25 universities designate representatives to serve on the work group
3-1 in addition to the representatives listed in Subsection (b) if the
3-2 agency or university requested to participate has an employee with
3-3 specialized expertise or knowledge of a subject matter to be
3-4 included in the guide.
3-5 (d) A member of the work group serves at the will of the
3-6 appointing entity.
3-7 (e) The comptroller shall appoint a member of the work group
3-8 to serve as presiding officer, and members of the work group shall
3-9 elect any other necessary officers.
3-10 (f) The work group shall meet at the call of the presiding
3-11 officer.
3-12 (g) The appointing entity is responsible for the expenses of
3-13 a member's service on the work group. A member of the work group
3-14 receives no additional compensation for serving on the work group.
3-15 (h) The work group is not subject to Article 6252-33,
3-16 Revised Statutes.
3-17 (i) The entities listed in Subsections (b)(2)-(7) shall take
3-18 all action necessary to assist the comptroller in developing and
3-19 updating the guide, including providing staff with expertise in
3-20 information and referral services and other necessary information,
3-21 but may not diminish services required to be provided by other law.
3-22 (j) The work group may modify the contents of the guide if
3-23 the modifications do not detract from the goal of increasing
3-24 consumer access to senior services.
3-25 (k) The comptroller shall make the guide available to:
4-1 (1) the public through the Internet; and
4-2 (2) each area agency on aging and, on request, to
4-3 another state agency in electronic format.
4-4 (l) To the extent practicable, the comptroller shall ensure
4-5 that the guide is available to the public in a large-print format
4-6 and in other alternate formats as necessary to enable all consumers
4-7 to use the guide.
4-8 (m) In conducting the work needed to develop the statewide
4-9 consumer guide for senior citizens, the interagency work group
4-10 shall consult with consumer and provider groups involved in the
4-11 delivery of long-term care services.
4-12 (n) The work group shall also develop and submit to the
4-13 comptroller:
4-14 (1) a list of necessary senior services that are not
4-15 generally available;
4-16 (2) recommendations for improving coordinated delivery
4-17 of a continuum of care for senior citizens; and
4-18 (3) recommendations relating to a comprehensive bill
4-19 of rights for senior citizens.
4-20 SECTION 2. Section 101.022, Human Resources Code, is amended
4-21 by adding Subsections (f) and (h) to read as follows:
4-22 (f) The department shall lead a group of state agencies
4-23 formed to identify and address in cooperative efforts all major
4-24 public policy issues relating to the aging of Texas residents. The
4-25 group shall include the office of the comptroller, the Employees
5-1 Retirement System of Texas, the Texas Department of Housing and
5-2 Community Affairs, the Texas Department of Insurance, and each
5-3 health and human services agency, as defined by Section 531.001,
5-4 Government Code. The group may include other agencies identified
5-5 by the executive director of aging. To the extent possible without
5-6 adversely impacting other duties, each agency included in the group
5-7 shall cooperate with the department and contribute as appropriate
5-8 to the department's and the group's efforts relating to aging.
5-9 (h) The department shall form a broad-based coalition of the
5-10 public and private sectors in developing materials and conducting
5-11 public information campaigns to assist Texas residents in preparing
5-12 for retirement and aging from a holistic perspective. The
5-13 coalition shall include representatives of the finance, law, and
5-14 health care professions, the housing industry, business, media,
5-15 faith-based communities, and senior citizens.
5-16 SECTION 3. Subchapter B, Chapter 101, Human Resources Code,
5-17 is amended by adding Section 101.031 to read as follows:
5-18 Sec. 101.031. SENIOR CITIZEN CONSUMER GUIDE; SUPPORT AND
5-19 DISTRIBUTION. (a) The board by rule shall require an area agency
5-20 on aging to submit annually to the comptroller current information
5-21 on local service providers and resources for senior citizens for
5-22 inclusion in the senior citizen consumer guide created under
5-23 Section 403.026, Government Code. Each agency shall provide the
5-24 information in a format prescribed by the comptroller.
5-25 (b) An area agency on aging shall make the guide available
6-1 to as many senior citizens in the agency's service area as
6-2 possible. The agency shall make the guide available in a
6-3 large-print format and in alternate formats as necessary to enable
6-4 all senior citizens to use the guide.
6-5 SECTION 4. (a) The comptroller of public accounts shall
6-6 coordinate a joint study of planning and financial strategies for
6-7 long-term health care for the elderly and persons with disabilities
6-8 to be conducted by:
6-9 (1) the office of the comptroller;
6-10 (2) the Texas Department on Aging;
6-11 (3) the Texas Department of Human Services;
6-12 (4) the Health and Human Services Commission;
6-13 (5) the Texas Department of Insurance;
6-14 (6) the office of public insurance counsel;
6-15 (7) the Texas Department of Health;
6-16 (8) the Employees Retirement System of Texas;
6-17 (9) the Texas Department of Housing and Community
6-18 Affairs;
6-19 (10) The University of Texas System;
6-20 (11) Texas A&M University; and
6-21 (12) each medical school operated by The University of
6-22 Texas System.
6-23 (b) The study shall include a consideration of financial
6-24 methods of improving access to long-term health care, including:
6-25 (1) long-term health care insurance;
7-1 (2) vouchers for long-term health care; and
7-2 (3) buy-in arrangements to managed care programs.
7-3 (c) The comptroller of public accounts may contract with an
7-4 actuary for assistance with financial aspects of the study.
7-5 (d) In this section, "long-term health care" includes:
7-6 (1) adult day-care facilities;
7-7 (2) adult day health care facilities;
7-8 (3) home and community support services housing
7-9 programs for the elderly or persons with disabilities;
7-10 (4) nursing facilities;
7-11 (5) personal care facilities;
7-12 (6) respite care services; and
7-13 (7) other services providing care for persons who are
7-14 elderly or disabled.
7-15 (e) Not later than December 15, 1998, the comptroller of
7-16 public accounts shall submit to the legislature a report containing
7-17 findings and recommendations resulting from the study.
7-18 SECTION 5. Not later than January 10, 1998, each area agency
7-19 on aging shall submit to the comptroller of public accounts
7-20 information on local resources for senior citizens in the agency's
7-21 area for inclusion in the initial senior citizen consumer guide
7-22 created under Section 403.026, Government Code, as added by this
7-23 Act.
7-24 SECTION 6. Prior to completion of the guide, the comptroller
7-25 of public accounts shall provide opportunity for review and comment
8-1 of the guide under development to consumer and provider groups
8-2 involved in the delivery of long-term care services. Not later
8-3 than February 14, 1998, the comptroller shall complete development
8-4 of the senior citizen consumer guide required by Section 403.026,
8-5 Government Code, as added by this Act, and make the guide available
8-6 in the manner required by that section.
8-7 SECTION 7. Not later than January 15, 1999, the interagency
8-8 work group created under Subsection (b), Section 403.026,
8-9 Government Code, as added by this Act, shall prepare and deliver to
8-10 the clerks of the standing committees of the senate and house of
8-11 representatives with primary jurisdiction over human services a
8-12 report concerning the effectiveness of the senior citizen consumer
8-13 guide required by Section 403.026, Government Code, as added by
8-14 this Act.
8-15 SECTION 8. The importance of this legislation and the
8-16 crowded condition of the calendars in both houses create an
8-17 emergency and an imperative public necessity that the
8-18 constitutional rule requiring bills to be read on three several
8-19 days in each house be suspended, and this rule is hereby suspended,
8-20 and that this Act take effect and be in force from and after its
8-21 passage, and it is so enacted.
S.B. No. 273
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 273 passed the Senate on
March 6, 1997, by the following vote: Yeas 29, Nays 0;
May 19, 1997, Senate refused to concur in House amendment and
requested appointment of Conference Committee; May 20, 1997, House
granted request of the Senate; May 26, 1997, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 273 passed the House, with
amendment, on May 16, 1997, by a non-record vote; May 20, 1997,
House granted request of the Senate for appointment of Conference
Committee; May 28, 1997, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor