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