SRC-JXG S.B. 96 76(R)BILL ANALYSIS


Senate Research CenterS.B. 96
By: Moncrief
Health Services
6/28/1999
Enrolled


DIGEST 

Currently, the Texas Department of Health (TDH) regulates home and
community support services agencies and home health medication aides. While
most long-term care services in the State of Texas (nursing facilities,
personal care facilities) are regulated by Texas Department of Human
Services (DHS), TDH still regulates home and health care services. DHS'
goals are focused on regulating providers of long-term care services. TDH's
regulation of home health, however, is focused on Medicare's Conditions of
Participation, which in turn are oriented toward an acute care model of
home health. DHS is currently re-engineering its long-term care regulatory
system, but is not focused on home health, a significant oversight in the
overall regulation of long-term care in Texas.  S.B. 96 will transfer all
licensing, certification, and regulation functions of home health and
community support services agencies from TDH to DHS. 
.
PURPOSE

As enrolled, S.B. 96 transfers the licensing, certification, and regulation
of home and community support services agencies or home health medication
aides to the Texas Department of Human Services. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the secretary of state in SECTION 1(e)
of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. (a)  Transfers certification of home and community support
services agencies on behalf of the United States Department of Health and
Human Services for purposes of participation in the Medicare program from
the Texas Department of Health (TDH) to the Texas Department of Human
Services (DHS), on September 1, 2001 or an earlier date.  

(b) Transfers functions listed in Subsection (a) of this section, rather
than licensing and regulation of home and community support services
agencies or home medication aides, to DHS, on September 1, 2001 or an
earlier date.   

(c) - (h) Makes conforming changes.

SECTION 2. Provides that notwithstanding SECTION 1 of this Act, if
legislation creating a new state agency to regulate long-term care services
is enacted by the 76th Legislature and becomes law, the functions listed in
SECTION 1(a) of this Act are transferred from TDH to that agency. Requires
the transfer to be accomplished in the manner provided by SECTION 1 of this
Act, and references in that section to DHS are considered to be references
to the new state agency for long-term care. 

SECTION 3. Emergency clause.
           Effective date: upon passage.