SRC-AXB, DBM C.S.S.B. 374 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 374
76R13234   MXM-DBy: Zaffirini
Health Services
4/22/1999
Committee Report (Substituted)


DIGEST 

C.S.S.B. 374 sets forth provisions for certain long-term care services, and
the consolidation and continuation of certain agencies. 

PURPOSE

As proposed, C.S.S.B. 374 sets forth provisions for certain long-term care
services, and the consolidation and continuation of certain agencies. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

ARTICLE 1.  LONG-TERM CARE SERVICES; TEXAS DEPARTMENT ON AGING

SECTION 1.01.  Amends Chapter 531B, Government Code, by adding Section
531.02481, as follows: 

Sec.  531.02481.  COMMUNITY-BASED SUPPORT AND SERVICE DELIVERY SYSTEMS FOR
LONG-TERM CARE SERVICES.  Requires the Health and Human Services Commission
(commission), the Texas Department of Human Services, and the Texas
Department on Aging, to assist Texas communities in developing long-term
care service-delivery systems.  Requires the commission, to provide
resources to assist a community which requests assistance, to accomplish
certain goals, and sets forth the goals. Requires a health and human
services (HHS) agency to provide resources and assistance to a community,
upon the commission's request.  Requires an HHS agency to submit a certain
initiative to the commission for review and approval.  Sets forth review
guidelines and requirements for the commission.  Requires the commission to
consider other service delivery models in the implementation of this
section.  Authorizes certain entities to make a proposal.  Sets forth
entities included in a community-based organization. 

SECTION 1.02.  Amends Chapter 22, Human Resources Code, by adding Section
22.034, as follows: 

Sec.  22.034.  WORK GROUP ON LONG-TERM CARE SERVICES.  Defines "long-term
care services."  Provides that a work group is created to assist the
Department of Human Services (department ) and the Texas Department of
Mental Health and Mental Retardation (MHMR) to study the coordination of
planning between the two agencies.  Provides that the work group is
composed of 18 members and sets forth their specific qualifications.
Provides that a work group member serves at the will of the appointing
agency.  Requires the members of the work group to elect certain officers.
Requires the work group to meet at the call of the presiding officer.
Provides that a work group member receives no additional compensation for
services, but will be reimbursed for travel and participation expenses as
provided in the General Appropriations Act.  Requires the work group to
study and report on the coordination of certain agencies' efforts to
provide long-term care services.  Sets forth requirements for a study
regarding consistent and standardized regulations, rate-setting  processes,
contractor monitoring, management procedures, and administration.  Requires
the work group to report annually to certain entities.  Requires the report
to include certain recommendations.  Provides that the work group is not
subject to Chapter 2110, Government Code. 

SECTION 1.03.  Amends Chapter 113, Human Resources Code, by transferring it
to Chapter 22, and redesignating it as Section 22.035, as follows: 

Sec.  22.035.  PROGRAMS FOR DEAF-BLIND MULTIHANDICAPPED INDIVIDUALS AND
THEIR PARENTS.  Provides that the department, rather than the Texas
Rehabilitation Commission, has certain responsibilities.  Makes conforming
changes. 

SECTION 1.04.  Amends Section 101.001, Human Resources Code, to require
specific qualifications of the Texas Board on Aging members.  Requires the
Texas Board on Aging to take certain actions regarding an issue under the
jurisdiction of the department, rather than the board. Deletes text
regarding board meetings.  Makes conforming changes. 

SECTION 1.05.  Amends Section 101.0011, Human Resources Code, to add
standard language developed by the Sunset Advisory Commission regarding
removal of board members.  Makes conforming changes. 

SECTION 1.06.  Amends Chapter 101A, Human Resources Code, by adding Section
101.0012, as follows: 

Sec.  101.0012.  TRAINING PROGRAM FOR BOARD MEMBERS.  Adds standard
language developed by the Sunset Advisory Commission regarding training. 

SECTION 1.07.  Amends Section 101.002, Human Resources Code, to extend the
existence of the Texas Department on Aging to September 1, 2004. 

SECTION 1.08.  Amends Section 101.003, Human Resources Code, as follows:

Sec.  101.003.  New heading:  PRESIDING OFFICER.  Requires the governor to
designate a presiding officer, rather than a chairman.  Makes conforming
changes. 

SECTION 1.09.  Amends Section 101.0031, Human Resources Code, to add
standard language developed by the Sunset Advisory Commission regarding
restrictions on board membership and employment.   

SECTION 1.10.  Amends Section 101.0061(d), Human Resources Code, to add
standard language developed by the Sunset Advisory Commission regarding the
executive director. 

SECTION 1.11.  Amends Section 101.022, Human Resources Code, to require the
Texas Department on Aging to provide expertise, advice, and recommendations
to certain entities to meet the needs of Texas' elderly population.
Requires cooperation in conducting studies and surveys regarding
transportation, insurance, and legal rights.  Requires the Texas Department
on Aging to conduct research and planning on issues that affect elderly
individuals.  Requires the Texas Department on Aging to make certain
recommendations to certain authorities.  Makes conforming changes. 

SECTION 1.12.  Amends Sections 101.024(a) and (b), Human Resources Code, to
clarify that certain programs recruit elderly, rather than retired, persons
to perform services under the National Senior Service Corps, rather than
Foster Grandparent Programs.  Clarifies that certain funds are allowed to
compensate participants in the Foster Grandparent and Senior Companion
Programs. 

SECTION 1.13.  Amends Section 101.0255, Human Resources Code, to require
certain entities to work to ensure consistency in reimbursement rates,
contract terms, and performance standards. Requires the Texas Department on
Aging to use the billing system if it is cost-effective.  Requires the
Texas Department on Aging to reimburse the department, under certain
conditions.  Requires the  Texas Department on Aging and the department to
coordinate the monitoring regarding contracts for certain services.
Deletes text regarding a deadline, and makes nonsubstantive changes. 

SECTION 1.14.  Amends Chapter 101B, Human Resources Code, by adding Section
101.0256, as follows: 

Sec.  101.0256.  COORDINATED ACCESS TO LOCAL SERVICES.  Requires the Texas
Department on Aging and the department to develop standardized assessment
procedures to share information on common clients served in a similar
service region. 

SECTION 1.15.  Amends Chapter 101B, Human Resources Code, by adding Section
101.033, as follows: 

Sec.  101.033.  OLDER AMERICANS ACT; STATE PLAN.   Requires certain
entities to jointly develop Texas' plan on aging, as required by the
federal Older Americans Act and its subsequent amendments.  Requires these
entities to jointly conduct a statewide needs assessment for long-term care
services, and sets forth assessment requirements. 

SECTION 1.16.  Amends Chapter 531B, Government Code, by adding Section
531.0235, as follows: 

Sec.  531.0235.  BIENNIAL DISABILITY REPORTS.  Requires the HHS
commissioner to require certain entities to prepare a joint biennial report
on the state of services to persons with disabilities in Texas, and
requires the submission of the report by December 1 of each even-numbered
year.  Requires cooperation from certain agencies for the preparation of
the report. 

SECTION 1.17.  (a)  Provides that on September 1, 1999, several
responsibilities and functions are transferred from the Texas Department of
Health to the Department of Human Services. 

(b)  Provides that on October 1, 1999, funds, obligations, contracts,
property, and records of the Texas Department of Health are transferred to
the Texas Department of Human Services. 

SECTION 1.18.  (a)  Provides that on September 1, 1999, certain aspects of
the Texas Rehabilitation Commission are transferred to the Texas Department
of Human Services. 

(b)  Provides that on October 1, 1999, funds, obligations, contracts,
property, and records of the Texas Rehabilitation Commission are
transferred to the Texas Department of Human Services. 

SECTION 1.19.  (a)  Requires certain entities to appoint members of the
work group created by Section 22.034, Human Resources Code, by December 1,
1999. 

(b)  Requires the work group to submit a certain required report to certain
authorities by September 1, 2000. 

SECTION 1.20.  Requires the department to study the feasibility of a
subacute care pilot program, requires certain entities to cooperate with
the department's study, and sets forth required considerations for the
study.  Requires this study to be submitted to the commission by September
1, 2000.  Provides that this section expires September 1, 2001. 

SECTION 1.21.  Requires the commissioner to report to certain authorities
regarding the results of certain entities' cooperation, by November 1,
2000, and sets forth requirements of the report. 

SECTION 1.22.  Provides that the changes in law made by Section 101.001,
Human Resources Code, do not affect the entitlement of certain Texas Board
on Aging board members to continue to serve for the term to which they were
appointed.  Requires the governor to make board appointments, as soon as
possible, to achieve the membership plan prescribed by Section 101.001,
Human Resources Code. 

 SECTION 1.23.  Requires the commission to evaluate the feasibility of
establishing an integrated local system of access and services for elderly
persons and persons with disabilities.  Requires the commission to report
to certain authorities regarding the evaluation study by November 1, 2000,
and requires the report to include the commission's recommendation on how
best to achieve integration. 

SECTION 1.24.  Provides that this article takes effect September 1, 1999.

ARTICLE 2.  LONG-TERM CARE SERVICES; DEPARTMENT OF AGING AND DISABILITY
SERVICES. 

SECTION 2.01.  Amends Sections 11.001(1)-(3), Human Resources Code, to
redefine "board," "department," and "commissioner." 

SECTION 2.02.  Amends Section 101.001, Human Resources Code, as follows:

Sec.  101.001.  New heading:  DEFINITIONS.  Defines "board" and
"department."  Deletes existing section regarding the Texas Board on Aging. 

SECTION 2.03.  Amends Chapter 101A, Human Resources Code, by adding Section
101.0015, as follows: 

Sec.  101.0015.  AGING POLICY COUNCIL.  Requires the appointment of an
advisory committee known as the Aging Policy Council (council).  Requires
the council to provide advice on certain matters.  Provides that the
council consists of nine members, and sets forth eligibility requirements.
Requires the council to submit a report to certain authorities by December
1 of each even-numbered year, and sets forth requirements for the report. 

SECTION 2.04.  Amends Section 101.030(a), Human Resources Code, to delete
text regarding the Texas Department on Aging. 

SECTION 2.05.  Amends Section 101.059, Human Resources Code, to delete text
regarding the Texas Department of Human Services.  Makes conforming
changes. 

SECTION 2.06.  Repealers:  

 (1)  Section 101.0011, Human Resources Code (Removal of Board Members).

(2)  Section 101.0012, Human Resources Code, as added by this Act (Training
Program for Board Members). 

 (3)  Section 101.002, Human Resources Code (Sunset Provision).

(4)  Section 101.003, Human Resources Code (Chairman of the Board).

(5)  Section 101.0031, Human Resources Code (Restrictions on Board
Membership and Employment). 

(6)  Section 101.004, Human Resources Code (Executive Director of Aging;
Other Personnel). 

 (7)  Section 101.006, Human Resources Code (Divisions of the Department).

 (8)  Section 101.0061, Human Resources Code (Personnel Matters).

 (9)  Section 101.007, Human Resources Code (Merit System).

 (10)  Section 101.008, Human Resources Code (Finances).

 (11)  Section 101.021, Human Resources Code (Rules).
 
 (12)  Section 101.0221, Human Resources Code (Public Interest Information;
Complaints). 

 (13)  Section 101.0255, Human Resources Code (Service Standards and
Agreements). 

(14)  Section 101.0256, Human Resources Code, as added by this Act
(Coordinated Access to Local Services). 

(15)  Section 101.033, Human Resources Code, as added by this Act (Older
Americans Act; State Plan). 

 (16)  Section 101.043(b), Human Resources Code (regarding duplication of
services). 

SECTION 2.07.   Authorizes a Texas Board on Aging member to continue to
serve until the original term of service expires. 

SECTION 2.08.  (a)  Provides that a reference in a law or rule to the Texas
Department of Human Services means the Texas Department of Aging and
Disability Services. 

(b)  Provides that a reference in a law or rule to the Texas Board of Human
Services means the Texas Board of Aging and Disability Services. 

(c)  Provides that a reference in law to the commissioner of the Texas
Department of Human Services means the commissioner of the Texas Department
of Aging and Disability Services. 

SECTION 2.09.  (a)  Abolishes the Texas Department on Aging.

(b)  Provides that on the effective date of this article, certain aspects
of the Texas Department on Aging are transferred to the Texas Department of
Aging and Disability Services. 

(c)  Requires funds, obligations, contracts, property, and records of the
Texas Department on Aging to be transferred to the Texas Department of
Aging and Disability Services. 

SECTION 2.10.  Effective date for this article:  September 1, 2003.

ARTICLE 3.  EFFECTIVE DATE; EMERGENCY

SECTION 3.01.  Effective date:  September 1, 1999.

SECTION 3.02.  Authorizes the delay of implementing provisions for which
certain entities determine that a waiver or authorization is necessary for
such implementation. 

SECTION 3.03.  Emergency clause.


SUMMARY OF COMMITTEE CHANGES

Relating clause.

Deletes the existing relating clause and provides that this Act relates to
the consolidation of agencies and provisions for certain long-term care
services. 

SECTION 1.01.  

Deletes proposed SECTIONS 1-19, except for SECTION 1 (Section 181.103).
Adds Section 531.02481, Government Code, regarding community-based support
and service delivery. 

SECTION 1.02.

Redesignates proposed Section 181.103, Health and Safety Code, as Section
22.034, Human  Resources Code.  Creates a new heading, redefines "long-term
care services," specifies the composition of the work group, adds text
regarding election of officers, adds text regarding reimbursement,
specifies which entities are required to conduct a study, adds text
regarding certain programs, and requires the work group to report to the
commissioner of health and human services.  Deletes text regarding the
appointment of officers.  Makes nonsubstantive changes. 

SECTION 1.03.

Redesignates Chapter 113, Human Resources Code, as Section 22.035, Human
Resources Code, and transfers responsibility. 

SECTION 1.04.

Amends Section 101.001, Human Resources Code, to add text regarding the
Department and Board on Aging. 

SECTION 1.05.

 Amends Section 101.0011, Human Resources Code, to add text regarding
sunset language. 

SECTION 1.06.

Adds Section 101.0012, Human Resources Code, regarding a training program
for board members. 

SECTION 1.07.

 Amends Section 101.002, Human Resources Code, to amend the sunset
provision. 

SECTION 1.08.

Amends Section 101.003, Human Resources Code, to create a new heading and
require the designation of a presiding officer, rather than a chairman. 

SECTION 1.09.

 Amends Section 101.0031, Human Resources Code, to add standard sunset
language. 

SECTION 1.10.

 Amends Section 101.0061(d), Human Resources Code, to add standard sunset
language. 

SECTION 1.11.

 Amends Section 101.022, Human Resources Code, to add text regarding advice.

SECTION 1.12.

Amends Sections 101.024(a) and (d), Human  Resources Code, to add text
regarding senior programs. 

SECTION 1.13.

Amends Section 101.0255, Human Resources Code, to add text regarding
service standards and agreements. 

SECTION 1.14.

 Adds Section 101.0256, Human Resources Code, regarding coordinated access
to local services. 

SECTION 1.15.

 Adds Section 101.033, Human Resources Code, regarding the Older Americans
Act. 

SECTION 1.16.

 Adds Section 531.0235, Government Code, regarding biennial disability
reports. 

SECTION 1.17.

 Sets forth provisions regarding transfer of authority and responsibility.

SECTION 1.18.

 Sets forth provisions regarding transfer of authority and responsibility.

SECTION 1.19.

 Sets forth provisions regarding the work group.

SECTION 1.20.

 Requires certain entities to study the feasibility of a subacute care
pilot project. 

SECTION 1.21.

 Sets forth provisions regarding a report on coordination between certain
entities. 

SECTION 1.22.

 Sets forth provisions regarding the application of this Act.

SECTION 1.23.

 Requires the Health and Human Services Commission to conduct a certain
evaluation. 

SECTION 1.24.

 Creates an effective date for Article 1.

SECTION 2.01.

Amends Sections 11.001(1)-(3), Human Resources Code, to redefine "board,"
"department," and "commissioner." 
 
SECTION 2.02.

Amends Section 101.001, Human Resources Code, to create a new heading,
define "board" and "department," and delete the existing section regarding
the Texas Department on Aging. 

SECTION 2.03.

 Adds Section 101.0015, Human Resources Code, regarding the Aging Policy
Council. 

SECTION 2.04.

Amends Section 101.030(a), Human Resources Code, to delete text regarding
the Texas Department on Aging. 
 
SECTION 2.05.

Amends Section 101.059, Human Resources Code, to delete text regarding the
Texas Department on Aging, and make conforming changes. 

SECTION 2.06.

 Repeals a majority of this Act.

SECTION 2.07.

 Adds text regarding the application of this Act.

SECTION 2.08.

 Adds text regarding references in law.

SECTION 2.09.

 Abolishes the Texas Department on Aging.

SECTION 2.10.

 Creates an effective date for Article 2.

SECTION 3.01.

 Redesignates proposed SECTION 20 as SECTION 3.01.

SECTION 3.02.

 Sets forth provisions regarding a required waiver or authorization.

SECTION 3.03.

 Redesignates proposed SECTION 21 as SECTION 3.03.