76(R) SB 95 Senate committee report

SRC-JXG C.S.S.B. 95 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 95
76R6242 KKA-DBy: Moncrief
Health Services
2/24/1999
Committee Report (Substituted)


DIGEST 

Currently, people are living longer, and an inevitable increase of the
state's elderly population emphasizes the importance for the state to plan
for delivery of long term care services.  Although the state does not have
a strategic plan addressing state policy for the delivery of long-term
care, the population of persons age 65 years and older will increase an
estimated 155 percent between 1990 and 2025, straining the state's health
resources.  Work groups created by state health and human service agencies
to address long-term care, community services, and health services could
develop a strategic plan for the state. S.B. 95 requires appropriate health
and human services agencies to develop a strategic plan concerning the
delivery of long-term care and health services for the elderly and disabled
population, and to submit a report to the 77th Legislature. 

PURPOSE

As proposed, C.S.S.B. 95 requires any appropriate health and human services
agency to develop a strategic plan concerning the delivery of long-term
care and health services for the elderly and disabled population. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. DETERMINATION OF HOME HEALTH SERVICES DUAL COVERAGE. Defines
"home health services." Requires the Health and Human Services Commission
(commission) and any appropriate health and human services agency (agency)
to obtain federal and state information to determine the number of eligible
people receiving home health services paid by Medicaid and Medicare, and
the percentage of the total benefits paid by Medicaid and Medicare. 

SECTION 2. CONSOLIDATED COMPLAINT INTAKE SYSTEM. Requires the commission
with assistance from certain agencies, and with the participation of
consumers of relevant services, to develop a strategic plan for the
creation of a consolidated intake system for complaints made to an agency
involving abuse, neglect, or exploitation of a person. Sets forth
requirements for the strategic plan. Requires the commission to submit a
report and recommendations to the governor and legislature by December 1,
2000. 

SECTION 3. STATE REGISTRY OF HEALTH CARE WORKERS. Requires the commission,
Department of Protective and Regulatory Services (DPRS), Texas Department
of Human Services (DHS), Texas Department of Health (TDH), and any other
appropriate agency, to develop a strategic plan for the creation and
maintenance of a state registry to contain the names of health care workers
determined to have abused, neglected, or exploited a resident of an
assisted living facility or an individual receiving services through a home
and community support services agency. Requires the plan to include
recommendations regarding due process for health care workers and public
access to the registry. Requires the commission to submit a report and
recommendations to the governor and the legislature. 

SECTION 4. WORK GROUP ON REGULATION OF BRAIN INJURY REHABILITATION
PROGRAMS. Requires the Texas Rehabilitation Commission (TRC) to form a work
group to study  the national accreditation standards of facilities that
provide brain injury rehabilitation services and make recommendations
concerning state certification. Requires TRC to include in the group
representatives of brain injury rehabilitation facilities and consumers of
the rehabilitation services. Requires the group to elect a presiding
officer and any necessary officers. Requires the presiding officer to
schedule meetings. Prohibits members of the group from receiving
compensation. Provides that the work group is not subject to Chapter 2110,
Government Code. Requires the group to complete the tasks in Subsection (a)
and submit a report to the governor and legislature no later than December
1, 2000. Provides that the group and this section expires September 1,
2001. 

SECTION 5. PERSONAL CARE ATTENDANT TRAINING. Requires DHS, Texas Workforce
Commission, TRC, Texas Commission for the Blind, Texas Commission for the
Deaf and Hard of Hearing, and Texas Higher Education Coordination Board to
review and develop recommendations for personal care attendants. Requires
DHS to submit a report to the governor and legislature by December 1, 2000.
  
SECTION 6. AFFORDABLE HOUSING AND HOME AND COMMUNITY SUPPORT SERVICES
STUDY. Requires the Texas Department of Housing and Community Affairs
(DHCA), and each appropriate agency to study opportunities for providing
home and community support services to residents of affordable housing
developments and participants in other affordable housing programs.
Requires DHCA to identify available funding sources for services,
buildings, and architectural upgrades. Requires DHCA to submit a report to
the governor and legislature no later than December 1, 2000. Deletes text
regarding linking affordable housing programs with home and community
support services. 
   
SECTION 7. Emergency clause.
           Effective date: upon passage.


SUMMARY OF COMMITTEE CHANGES

SECTION 2.

 Requires the commissioner with agency assistance and with the
participation of consumers of relevant services, to develop a strategic
plan for the creation of a consolidated intake system for complaints made
to an agency involving the abuse, neglect, or exploitation of a person. 

SECTION 3. 

Requires the commission, Department of Protective and Regulatory Services
(DPRS), Texas Department of Human Services (DHS), Texas Department of
Health (TDH), and any other appropriate agency, to develop a strategic plan
for the creation and maintenance of a state registry to contain the names
of health care workers determined to have abused, neglected, or exploited a
resident of an assisted living facility or an individual receiving services
through a home and community support services agency. 

SECTION 6.

Requires the Texas Department of Housing and Community Affairs (DHCA), and
each appropriate agency to study opportunities for providing home and
community support services to residents of affordable housing developments
and participants in other affordable housing programs. Deletes text
regarding linking affordable housing programs with home and community
support services.