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


Senate Research Center   S.B. 96
76R2968 KKA-DBy: Moncrief
Health Services
2/22/1999
As Filed


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 towards 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. This bill
would transfer all licensing functions of home health and community support
services agencies from TDH to DHS. 
.
PURPOSE

As proposed, S.B. 96 transfers the licensing 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 the licensing and regulation of home and community
support services agencies (agencies) and home health medication aides
(aides) from the Texas Department of Health (TDH) to the Texas Department
of Human Services (DHS) on September 1, 2001 or an earlier date provided by
an interagency agreement between TDH and DHS. 

(b) Transfers all funds, obligations, and contracts related to the
licensing and regulation of agencies or aides to DHS on September 1, 2001
or an earlier date.  

(c) Transfers all property and records related to the licensing and
regulation of agencies or aides to DHS. Transfers all funds appropriated by
the legislature to TDH for the licensing and regulation of agencies or
aides to DHS. 
 
(d) Provides that TDH employees who perform the duties related to the
licensing and regulation of agencies or aides under Chapter 142, Health and
Safety Code, become employees of DHS, to be assigned duties by the
commissioner of human services. 

(e) Provides that TDH rules or forms relating to the licensing and
regulation of agencies or aides are rules or forms of DHS and will remain
in effect until changed by DHS. Authorizes the secretary of state to adopt
rules as necessary to implement this subsection. 
 
(f) Provides that the transfer of the licensing and regulation of agencies
and aides does not affect any act done, obligation, right, order, license,
permit, rule, criterion, standard, existing requirement, investigation
begun, or any penalty accrued under former law, and that law remains in
effect for any action concerning these matters. 

 (g) Provides that any action brought or proceeding commended before the
transfer is governed by the law and rules applicable to the action or
proceeding before the transfer date. 

(h) Provides that a reference in law to TDH or the Texas Board of Health
that relates to the licensing and regulation of agencies or aides means DHS
and the Texas Board of Human Services, respectively. 

SECTION 2. Emergency clause.
           Effective date: upon passage.