By Zaffirini, et al. S.B. No. 273 Substitute the following for S.B. No. 273: By Wohlgemuth C.S.S.B. No. 273 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to development of a statewide consumer guide for senior 1-3 citizens. 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 Texas Department of Aging shall develop and 1-9 annually update a statewide consumer guide for senior citizens 1-10 designed to assist senior citizens and their families in making 1-11 informed choices regarding available senior services. The guide 1-12 must: 1-13 (1) contain a directory of service providers for 1-14 senior citizens in a format developed by the interagency work group 1-15 created under Subsection (b) and arranged by geographical area if 1-16 appropriate; 1-17 (2) contain comprehensive information on services 1-18 available to senior citizens, including long-term care services, 1-19 housing assistance, meals, personal care, and transportation; 1-20 (3) enable a senior citizen or a person assisting a 1-21 senior citizen to identify and assess each option available for 1-22 meeting a senior citizen's individual needs; and 1-23 (4) prominently display: 1-24 (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 Texas 2-5 Department of Aging in developing and updating the guide. The work 2-6 group 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; and 2-15 (5) the Health and Human Services Commission, 2-16 appointed by the commissioner of health and human services. 2-17 (c) The executive director may request that other state 2-18 agencies or universities designate representatives to serve on the 2-19 work group in addition to the representatives listed in Subsection 2-20 (b) if the agency or university requested to participate has an 2-21 employee with specialized expertise or knowledge of a subject 2-22 matter to be included in the guide. 2-23 (d) A member of the work group serves at the will of the 2-24 appointing entity. 2-25 (e) The Board of the Texas Department of Aging shall appoint 2-26 a member of the work group to serve as presiding officer, and 2-27 members of the work group shall elect any other necessary officers. 3-1 (f) The work group shall meet at the call of the presiding 3-2 officer. 3-3 (g) The appointing entity is responsible for the expenses of 3-4 a member's service on the work group. A member of the work group 3-5 receives no additional compensation for serving on the work group. 3-6 (h) The work group is not subject to Article 6252-33, 3-7 Revised Statutes. 3-8 (i) The entities listed in Subsections (b)(2)-(5) shall take 3-9 all action necessary to assist the Texas Department on Aging in 3-10 developing and updating the guide, including providing staff with 3-11 expertise in information and referral services and other necessary 3-12 information, but may not diminish services required to be provided 3-13 by other law. 3-14 (j) The work group may modify the contents of the guide if 3-15 the modifications do not detract from the goal of increasing 3-16 consumer access to senior services. 3-17 (k) The Texas Department on Aging shall make the guide 3-18 available to: 3-19 (1) the public through the Internet; and 3-20 (2) each area agency on aging and, on request, to 3-21 another state agency in electronic format. 3-22 (l) In conducting the work needed to develop the statewide 3-23 consumer guide for senior citizens, the interagency work group 3-24 shall consult with consumer and provider groups involved in the 3-25 delivery of long-term care services. 3-26 SECTION 2. Subchapter B, Chapter 101, Human Resources Code, 3-27 is amended by adding Section 101.031 to read as follows: 4-1 Sec. 101.031. SENIOR CITIZEN CONSUMER GUIDE; SUPPORT AND 4-2 DISTRIBUTION. (a) The board by rule shall require an area agency 4-3 on aging to submit annually to the Texas Department Aging current 4-4 information on local service providers and resources for senior 4-5 citizens for inclusion in the senior citizen consumer guide created 4-6 under Section 403.026, Government Code. Each agency shall provide 4-7 the information in a format prescribed by the Texas Department on 4-8 Aging. 4-9 (b) An area agency on aging shall make the guide available 4-10 to as many senior citizens in the agency's service area as 4-11 possible. 4-12 SECTION 3. Section 101.022, Human Resources Code, is amended 4-13 by adding Subsections (f) and (h) to read as follows: 4-14 (f) The department shall lead a group of state agencies 4-15 formed to identify and address in cooperative efforts all major 4-16 public policy issues relating to the aging of Texas residents. The 4-17 group shall include the office of the comptroller, the Employees 4-18 Retirement System of Texas, the Texas Department of Housing and 4-19 Community Affairs, the Texas Department of Insurance, and each 4-20 health and human services agency, as defined by Section 531.001, 4-21 Government Code. The group may include other agencies identified 4-22 by the executive director of aging. To the extent possible 4-23 without adversely impacting other duties, each agency included in 4-24 the group shall cooperate with the department and contribute as 4-25 appropriate to the department's and group's efforts relating to 4-26 aging. 4-27 (h) The department shall form a broad-based coalition of the 5-1 public and private sectors in developing materials and conducting 5-2 public information campaigns to assist Texas residents in preparing 5-3 for retirement and aging from a holistic perspective. The 5-4 coalition shall include representatives of the finance, law, and 5-5 health care professions, the housing industry, business, media, 5-6 faith-based communities, and senior citizens. 5-7 SECTION 4. (a) The comptroller shall coordinate a joint 5-8 study of planning and financial strategies for long-term health 5-9 care for the elderly and persons with disabilities to be conducted 5-10 by: 5-11 (1) the office of the comptroller; 5-12 (2) the Texas Department on Aging; 5-13 (3) the Texas Department of Human Services; 5-14 (4) the Health and Human Services Commission; 5-15 (5) the Texas Department of Insurance; 5-16 (6) the office of public insurance counsel; 5-17 (7) the Texas Department of Health; 5-18 (8) the Employees Retirement System of Texas; 5-19 (9) the Texas Department of Housing and Community 5-20 Affairs; 5-21 (10) The University of Texas System; 5-22 (11) Texas A&M University; and 5-23 (12) each medical school operated by The University of 5-24 Texas System. 5-25 (b) The study shall include a consideration of financial 5-26 methods of improving access to long-term health care, including: 5-27 (1) long-term health care insurance; 6-1 (2) vouchers for long-term health care; and 6-2 (3) buy-in arrangements to managed care programs. 6-3 (c) The comptroller may contract with an actuary for 6-4 assistance with financial aspects of the study. 6-5 (d) In this section, "long-term health care" includes: 6-6 (1) adult day-care facilities; 6-7 (2) adult day health care facilities; 6-8 (3) home and community support services housing 6-9 programs for the elderly or persons with disabilities; 6-10 (4) nursing facilities; 6-11 (5) personal care facilities; 6-12 (6) respite care services; and 6-13 (7) other services providing care for persons who are 6-14 elderly or disabled. 6-15 (e) Not later than December 15, 1998, the comptroller shall 6-16 submit to the legislature a report containing findings and 6-17 recommendations resulting from the study. 6-18 SECTION 5. Not later than January 10, 1998, each area agency 6-19 on aging shall submit to the Texas Department on Aging information 6-20 on local resources for senior citizens in the agency's area for 6-21 inclusion in the initial senior citizen consumer guide created 6-22 under Section 403.026, Government Code, as added by this Act. 6-23 SECTION 6. Prior to completion of the guide, the Texas 6-24 Department on Aging shall provide opportunity for review and 6-25 comment of the guide under development to consumer and provider 6-26 groups involved in the delivery of long-term care services. Not 6-27 later than February 14, 1998, the department shall complete 7-1 development of the senior citizen consumer guide required by 7-2 Section 403.026, Government Code, as added by this Act, and make 7-3 the guide available in the manner required by that section. 7-4 SECTION 7. Not later than January 15, 1999, the interagency 7-5 work group created under Subsection (b), Section 403.026, 7-6 Government Code, as added by this Act, shall prepare and deliver to 7-7 the clerks of the standing committees of the senate and house of 7-8 representatives with primary jurisdiction over human services a 7-9 report concerning the effectiveness of the senior citizen consumer 7-10 guide required by Section 403.026, Government Code, as added by 7-11 this Act. 7-12 SECTION 8. The importance of this legislation and the 7-13 crowded condition of the calendars in both houses create an 7-14 emergency and an imperative public necessity that the 7-15 constitutional rule requiring bills to be read on three several 7-16 days in each house be suspended, and this rule is hereby suspended, 7-17 and that this Act take effect and be in force from and after its 7-18 passage, and it is so enacted.