HBA-DMD H.B. 718 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 718 By: Maxey Human Services 2/4/1999 Introduced 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. 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, Texas Council on Offenders With Mental Impairments, and Texas Workforce Commission 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 A, Chapter 29, Education Code, by adding Section 29.015, as follows: Sec. 29.015. ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME. 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 (42 U.S.C. Section 131 et seq.), as amended, and assists potentially eligible students to apply for and establish eligibility under that program. Authorizes a school district to exercise the authority granted by this section by entering into a new contract or by participating in an existing contract between a state agency and a contractor under which similar services are provided to the state. SECTION 2. 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 enter into a contract to assist a child who receives foster care to apply for and establish eligibility under the SSI program, provided that the child is at least 17 years of age, has not previously applied for SSI benefits, and, according to the contractor's evaluation, would likely be eligible under that program if foster care payments from another funding source were not being made on the child's behalf. (b) Requires the contractor, in accordance with the contract, to take all necessary steps to assist the child in preparing an application, which includes obtaining all necessary medical and psychological records, so that an application can be filed at the time that the child stops receiving the benefits of foster care payments from another funding source. Requires the contractor to assist the child throughout the eligibility process, including the determination of appeals, regardless of the child's age or legal status as an adult. (c) Authorizes the DPRS to comply with Subsection (a) by entering into a new contract or by participating in an existing contract between a state agency and a contractor under which similar services are provided to the state. SECTION 3. 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) to enter into a contract with a contractor to assist the appropriate department patients or clients who receive 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. (b) Requires the department to identify and refer the appropriate patients or clients to the contractor for assistance in establishing eligibility for the SSI and SSDI programs. Requires the department 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, when identifying appropriate patients or clients for referral. Authorizes the department to obtain assistance from the contractor in identifying appropriate patients or clients. (c) Authorizes the department to comply with Subsection (a) by entering into a new contract or by participating in an existing contract between another state agency and a contractor under which similar services are provided to the state. SECTION 4. 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) to enter into a contract with a contractor to assist the appropriate offenders served by the council in applying for and establishing eligibility for federal benefits under the SSI and SSDI programs. (b) Requires the council to identify and refer the appropriate offenders served by the council to the contractor for assistance in establishing eligibility for the SSI and SSDI programs. Requires the council, when identifying the appropriate offenders for referral, to target areas of this state with low levels of applications for benefits under those programs and low levels of approval of submitted applications. Authorizes the council to obtain assistance from the contractor in identifying appropriate offenders. (c) Authorizes the council to comply with Subsection (a) by entering into a new contract or by participating in an existing contract between another state agency and a contractor under which similar services are provided to the state. SECTION 5. Amends Subchapter C, Chapter 141, Human Resources Code, by adding Section 141.0521, as follows: Sec. 141.0521. ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME. (a) Requires the Texas Juvenile Probation Commission (commission) to enter into a contract with a contractor to assist the commission in identifying children in the juvenile justice system who may be eligible for federal benefits under the SSI program, and assist potentially eligible children apply for and establish eligibility under that program. (b) Authorizes the commission to comply with this section by entering into a new contract or by participating in an existing contract between a state agency and a contractor under which similar services are provided to the state. SECTION 6. Amends Subchapter D, Chapter 301, Labor Code, by adding Section 301.068, as follows: Sec. 301.068. FEDERAL BENEFIT PROGRAMS. (a) 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. (b) Authorizes TWC to comply with this section by entering into a new contract or by participating in an existing contract between another state agency and a contractor under which similar services are provided to the state. SECTION 7. Emergency clause. Effective date: upon passage.