HBA-DMD C.S.H.B. 718 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 718 By: Maxey Human Services 4/9/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Texas Department of Human Services (DHS) contracts with an outside company to assist prospective recipients applying for federal benefits under the Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) programs. Those programs provide funds for medical treatment, medication, and rehabilitative services such as job training, education, and job readiness programs and support services. C.S.H.B. 718 amends state law to require the Texas Department of Protective and Regulatory Services, Texas Department of Mental Health and Mental Retardation, Texas Juvenile Probation Commission, and Texas Council on Offenders With Mental Impairments to assist eligible Texans applying for health care and other services that are provided by Social Security programs by participating in the DHS contract which assists applicants for SSDI and SSI payments, or by contracting separately for such assistance. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter B, Chapter 264, Family Code, by adding Section 264.113, as follows: Sec. 264.113. ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME. (a) Requires the Department of Protective and Regulatory Services (DPRS) to assist a child who receives foster care to apply for and establish eligibility under the supplemental security income (SSI) program, provided that the child meets certain criteria. (b) Sets requirements for DPRS, if required to provide assistance to a child under Subsection (a). (c) Requires DPRS to develop and implement a tracking system to monitor applications submitted by children with assistance under this section for benefits under the SSI program. Provides that the system must record information on the number of applications submitted, whether those applications were approved or denied, and if denied, the reasons for denial. (d) Specifies the duties DPRS is authorized to undertake. (e) Requires DPRS, if DPRS contracts for assistance under this section, to authorize the contractor to collect a fee in an amount specified in the contract from a child who receives benefits as a result of assistance provided by the contractor. Authorizes the fee to be collected only if the child, the child's parent, or another person standing in parental relation, as appropriate, was informed of the fee and consented to its collection before receiving assistance. SECTION 2. Amends Subchapter A, Chapter 533, Health and Safety Code, by adding Section 533.018, as follows: Sec. 533.018. FEDERAL BENEFIT PROGRAMS. (a) Requires the Texas Department of Mental Health and Mental Retardation (department), at the request of the appropriate patients or clients, or persons legally authorized to act on their behalf, to assist those patients or clients receiving services from a community center or department facility in applying for and establishing eligibility for federal benefits under the SSI program, or the social security disability insurance program (SSDI) (42 U.S.C. Section 401 et seq.), as amended. Requires the department to provide assistance throughout the eligibility determination process, including the determination of appeals. (b) Requires the department, when identifying appropriate patients or clients for assistance under this section, to target areas of this state with low levels of applications for benefits under those programs and low levels of approval of the submitted applications. (c) Requires the department to develop and implement a tracking system to monitor applications submitted by department patients and clients with assistance for benefits under the SSI and SSDI programs. Provides that the system must record information on the number of applications submitted, whether those applications were approved or denied, and, if denied, the reasons for denial. (d) Specifies the duties the department is authorized to undertake. (e) Authorizes the department, if the department contracts for assistance, to authorize the contractor to collect a fee in an amount specified in the contract from a patient or client who receives benefits as a result of assistance provided by the contractor. Authorizes the fee to be collected only if the patient or client or a person legally authorized to act on behalf of the patient or client was informed of the fee and consented to its collection before receiving assistance. SECTION 3. Amends Chapter 614, Health and Safety Code, by adding Section 614.019, as follows: Sec. 614.019. FEDERAL BENEFIT PROGRAMS. (a) Requires the Texas Council on Offenders with Mental Impairments (council), in coordination with the Texas Department of Criminal Justice (TDCJ), at the request of the offenders, to assist incarcerated offenders in applying for and establishing eligibility for federal benefits under the SSI or SSDI programs, provided that the offenders are identified as likely to be eligible for those benefits when released. Requires the council and TDCJ to provide assistance throughout the eligibility determination process, including the determination of appeals. (b) Requires the council and TDCJ, when identifying the appropriate offenders for assistance, to target areas of this state with low levels of applications for benefits under the SSI and SSDI programs and low levels of approval of submitted applications. (c) Requires the council and TDCJ to develop and implement a tracking system to monitor applications submitted by offenders with assistance for benefits under the SSI and SSDI programs. Provides that the system must record information on the number of applications submitted, whether those applications were approved or denied, and, if denied, the reasons for denial. (d) Specifies the authorizations and duties of the council and TDCJ. (e) Authorizes the council and TDCJ, if contracting for assistance, to authorize the contractor to collect a fee in an amount specified in the contract from an offender who receives benefits as a result of assistance provided by the contractor. Authorizes the fee to be collected only if the offender was informed of the fee and consented to its collection before receiving assistance. SECTION 4. Amends Subchapter C, Chapter 141, Human Resources Code, by adding Section 141.0521, as follows: Sec. 141.0521. ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME. (a) Specifies requirements for the Texas Juvenile Probation Commission (commission) pertaining to identifying and assisting children for the SSI program. (b) Requires the commission to develop and implement a tracking system to monitor applications submitted by children with assistance for benefits under the SSI program. Provides that the system must record information on the number of applications submitted, whether those applications were approved or denied, and, if denied, the reasons for denial. (c) Specifies the authorizations and duties of the commission. (d) Authorizes the commission, if contracting for assistance, to authorize the contractor to collect a fee in an amount specified in the contract from a child who receives benefits as a result of assistance provided by the contractor. Authorizes the fee to be collected only if the child, child's parent, or another person in parental standing, was informed of the fee and consented to its collection before receiving assistance. SECTION 5. (a) Requires DPRS to submit a report to the legislature a report containing certain recommendations relating to assistance provided by DPRS to certain children in applying for and establishing eligibility for federal benefits under the SSI program, no later than February 1, 2001. (b) Requires the department to submit a report to the legislature a report containing certain recommendations relating to assistance provided by the department to patients and clients in applying for and establishing eligibility for federal benefits under the SSI and SSDI programs, no later than February 1, 2001. (c) Requires the council and TDCJ to submit a report to the legislature a report containing certain recommendations relating to assistance provided by the council and TDCJ to offenders in applying for and establishing eligibility for federal benefits under the SSI and SSDI programs, no later than February 1, 2001. (d) Requires the commission to submit a report to the legislature a report containing certain recommendations relating to assistance provided by the commission to children in applying for and establishing eligibility for federal benefits under the SSI program, no later than February 1, 2001. SECTION 6. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute deletes from the original bill, SECTION 1 (proposed 29.015, Education Code), which authorizes a school district to enter into a contract with a contractor to identify those students enrolled in special education programs who may be eligible for federal benefits under the supplemental security income (SSI) program. This substitute deletes from the original bill, SECTION 6 (proposed 301.068, Labor Code), which requires the Texas Workforce Commission (TWC) to enter into a contract with a contractor to assist TWC in identifying persons who are receiving unemployment compensations insurance benefits who may also be eligible for federal benefits under the SSI or SSDI programs, as well as assisting potentially eligible persons in applying for and establishing eligibility under those programs. This substitute redesignates SECTIONS 2-5 and 7 from the original bill to SECTIONS 1-4 and 6 of the substitute, respectively. This substitute differs from the original bill in SECTION 1 (proposed Section 264.113, Family Code), by requiring the Department of Protective and Regulatory Services (DPRS) to assist, rather than entering into a contract to assist, a child who receives foster care to apply for and establish eligibility under the supplemental security income (SSI) program, provided that the child meets certain criteria. In Subsection (b), the substitute sets requirements for DPRS, rather than the contractor. In Subsection (c) of the substitute, DPRS is required to develop and implement a tracking system to monitor applications submitted by children with assistance for benefits under the SSI program and provides that the system must record information on the number of applications submitted, whether those applications were approved or denied, and, if denied, the reasons for denial, whereas Subsection (c), of the original authorizes the DPRS to enter into a new contract or participate in an existing contract between a state agency and a contract under which similar services are provided to the state. The substitute adds Subsection (d) which sets duties DPRS is authorized to undertake. The substitute adds Subsection (e) which requires DPRS to authorize the contractor to collect a fee in an amount specified in the contract from a child who receives benefits as a result of assistance provided by the contractor and authorizes the fee to be collected only if the child, the child's parent, or another person standing in parental relation, as appropriate, was informed of the fee and consented to its collection before receiving assistance. The substitute differs from the original bill in SECTION 2 (proposed Section 533.018, Health and Safety Code), by requiring the Texas Department of Mental Health and Mental Retardation (department) to assist, rather than entering into a contract under which the contractor assists, those patients or clients receiving services from a community center or department facility in applying for and establishing eligibility for federal benefits under the SSI program, or the social security disability insurance program (SSDI) (42 U.S.C. Section 401 et seq.), as amended. The substitute requires the department to provide assistance throughout the eligibility determination process, including the determination of appeals. Subsection (b) of the substitute deletes the requirement from the original for the department to identify and refer appropriate patients or clients to the contractor for assistance in the SSI and SSDI programs and the authority of the department to receive assistance from the contractor in identifying appropriate patients or clients. Subsection (c) of the substitute requires the department to develop and implement a tracking system to monitor applications submitted by department patients and clients with assistance for benefits under the SSI and SSDI programs and provides that the system must record information on the number of applications submitted, whether those applications were approved or denied, and, if denied, the reasons for denial, whereas Subsection (c) of the original authorized the department to enter into a new contract or participate in an existing contract between another state agency and a contractor in which similar services are provided to the state. The substitute adds Subsection (d) which specifies the duties the department is authorized to undertake. The substitute also adds Subsection (e) which authorizes the department to authorize the contractor to collect a fee in an amount specified in the contract from a patient or client who receives benefits as a result of assistance provided by the contractor and authorizes the fee to be collected only if the patient or client or a person legally authorized to act on behalf of the patient or client was informed of the fee and consented to its collection before receiving assistance. The substitute differs from the original bill in SECTION 3 (proposed Section 614.019, Health and Safety Code), by adding the Texas Department of Criminal Justice (TDCJ) to act in coordination with the Texas Council on Offenders with Mental Impairments (council) in assisting incarcerated, rather than appropriate, offenders to receive assistance under the SSI and SSDI programs, and adds the condition that the assistance provided by TDCJ and the council is based on whether the offenders are likely to be released. The substitute requires TDCJ and the council to provide assistance throughout the eligibility determination process, including the determination of appeals. Subsection (b) of the substitute deletes the requirement from the original for the council to identify and refer offenders to the contractor for assistance in the SSI and SSDI programs and the authority of the council to receive assistance from the contractor in identifying appropriate offenders. Subsection (c) of the substitute requires the council to develop and implement a tracking system to monitor applications submitted by offenders with assistance for benefits under the SSI and SSDI programs and provides that the system must record information on the number of applications submitted, whether those applications were approved or denied, and, if denied, the reasons for denial, whereas Subsection (c) of the original bill authorized the council to enter into a new contract or participate in an existing contract between another state agency and a contractor in which similar services are provided to the state. The substitute adds Subsection (d) which specifies the authorizations and duties for the council and TDCJ. The substitute also adds Subsection (e) which authorizes the council and TDCJ to authorize the contractor to collect a fee in an amount specified in the contract from an offender who receives benefits as a result of assistance provided by the contractor and authorizes the fee to be collected only if the offender was informed of the fee and consented to its collection before receiving assistance. This substitute differs from the original bill in SECTION 4 (proposed Section 141.0521, Human Resources Code), by specifying requirements for the Texas Juvenile Probation Commission (commission) pertaining to identifying and assisting children for the SSI program, whereas the original bill specified requirements of the commission when entering into a contract with a contractor. Subsection (b) of the substitute deletes the authorization of the commission to enter into a new contract or participate in an existing contract between a state agency and a contractor under which similar services are offered. Subsection (b) of the substitute requires the commission to develop and implement a tracking system to monitor applications submitted by children with assistance for benefits under the SSI program and provides that the system must record information on the number of applications submitted, whether those applications were approved or denied, and, if denied, the reasons for denial. The substitute adds Subsection (c) which specifies the authorizations and duties for commission. The substitute also adds Subsection (d) which authorizes the commission to authorize the contractor to collect a fee in an amount specified in the contract from a child who receives benefits as a result of assistance provided by the contractor and authorizes the fee to be collected only if the child was informed of the fee and consented to its collection before receiving assistance. The substitute adds new SECTION 5 to require DPRS, the department, the council, TDCJ, and the commission to submit reports to the legislature, which must include recommendations regarding their assistance to various persons, by February 1, 2001.