SRC-JXG S.B. 361 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 361
76R830 CMR-DBy: Zaffirini
Health Services
3/16/1999
As Filed


DIGEST 

The Texas Commission for the Blind (commission) was created in 1931, to
provide services to persons with visual impairments to ensure they can
actively and independently participate in society. Commission services
include counseling and guidance, independent living skills, vocational
training, physical restoration and adaptive technology devices. Commission
counselors work one-on-one with clients to assess their needs and
abilities, to develop goals, and to devise a plan of services to achieve
successful outcomes leading to employment. The commission also provides
services through the Independent Living program, the Children's Program,
and the Business Enterprises Program, a federally-authorized program
providing management opportunities in the food services industry. However,
the commission's main program is Vocational Rehabilitation which helps
clients to become employed, and accounts for 80 percent of the commission's
program expenditures. The commission also operates the Criss Cole
Rehabilitation Center, a 24-hour residential program that provides a
comprehensive array of services and training in vocational and independent
living skills. In the 1998 fiscal year, the commission provided services to
approximately 21,500 clients, with 610 employees and a budget of $42.4
million. The commission is subject to the Sunset Act and will be abolished
on September 1, 1999, unless continued by the Legislature. S.B. 361 would
continue the Texas Commission for the Blind until September 1, 2007, and
would make statutory modifications recommended by the Sunset Advisory
Commission.  

PURPOSE

As proposed, S.B. 361 continues the Texas Commission for the Blind, and
makes statutory modifications. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to Texas Commission for the Blind in
SECTION 5 (Sections 91.022(a), 91.028(b), 91.029(a) and (b), Human
Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 91.001 and 91011, Human Resources Code, to
provide that the Texas Commission for the Blind (commission) is abolished
and this chapter expires effective September 1, 2007, rather than 1999.
Requires appointments to the commission, rather than board, to be made
without regard to disability, rather than handicap, of the appointees,
except as provided by this subsection. Adds standard language developed by
the Sunset Advisory Commission regarding a member of the commission and
commission employees. 

SECTION 2. Amends Section 91.015(c), Human Resources Code, to add standard
language developed by the Sunset Advisory Commission regarding grounds for
removal. 

SECTION 3. Amends Sections 91.016(c) and (d), Human Resources Code, to
require the executive director or the executive director's designee, rather
than commission, to provide to members and employees of the commission as
often as is necessary information regarding their qualifications under this
title and their responsibilities under applicable laws relating to
standards of conduct for state officers or employees. Requires the
commission to develop and implement policies which clearly separate the
policymaking, rather than respective, responsibilities of the commission,
rather than governing body of the agency, and the management
responsibilities of the executive director  and the staff of the
commission, rather than agency. 

SECTION 4. Amends Chapter 91B, Human Resources Code, by amending Sections
91.017 and 91.018 and adding Section 91.020, to add standard language
developed by the Sunset Advisory Commission regarding equal employment
opportunity policy statement, complaints, and training of commission
members. 

SECTION 5. Amends Chapter 91C, Human Resources Code, by amending Section
91.028 and adding Sections 91.022, 91.029, 91.030, and 91.031, as follows: 

Sec. 91.022. SERVICE DELIVERY. Authorizes the commission to establish and
maintain, by rule, guidelines for the delivery of services by the
commission. Requires the guidelines to be consistent with state and federal
law and regulations and to include certain rules. Requires the commission
to establish written procedures relating to the evaluation of services
delivered by the commission to provide guidance to counselors and
commission employees. Requires the procedures to include methods to
evaluate client progress, service delivery effectiveness, and counselor
performance.  

Sec. 91.028. SERVICES FOR VISUALLY HANDICAPPED CHILDREN. Authorizes the
commission to establish, by rule, the income level at which the Medicaid
eligibility of a client applying for services under Subsection (a) to be
verified. Requires the commission to verify the Medicaid eligibility of a
client applying for services under Subsection (a) whose income level is
equal to or less than the income level established by the commission under
Subsection (b). Requires the commission to verify the Medicaid eligibility
of a client who is required by the commission to apply for Medicaid no
later than the 90th day after the day after the date the application for
services from the commission is made. Requires an employee of the
commission, in verifying Medicaid eligibility, to examine appropriate state
or private Medicaid eligibility databases, and record on each client's
application for services whether Medicaid eligibility was verified, the
source of the verification, and the date of the verification. Makes a
conforming change. 

Sec. 91.029. RATES FOR MEDICAL SERVICES. Authorizes the commission to adopt
rules and standards governing the determination of rates the commission
will pay for medical services provided under this chapter; includes a
schedule for periodic reevaluation of the rates. Establishes a schedule of
rates based on the rules and standards adopted under Subsection (a); and to
compare the proposed rate schedule to other cost-based rates for medical
services, including Medicaid and Medicare rates, and document the reason
that any rate exceeds the Medicaid or Medicare rate for the same service. 

Sec. 91.030. CONTRACTS FOR SERVICE. Requires the commission to include in
its contracts with service providers certain provisions. Requires the
commission to monitor a service provider's performance under a contract for
service. Requires the commission, in monitoring performance, to use a
risk-assessment methodology to institute statewide monitoring of contract
compliance of service providers, and evaluate service providers based on
clearly defined and measurable program performance objectives.  

Sec. 91.031. CONTRACTS FOR ADAPTIVE TECHNOLOGY. Requires the commission to
include in a contract with a supplier of adaptive technology equipment
provisions that require the supplier to provide training for and maintain
the adaptive technology equipment. 

SECTION 6. Makes application of this Act prospective.

SECTION 7. Effective date: September 1, 1999.

SECTION 8. Emergency clause.