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.