By McCall H.B. No. 409
76R3014 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to studies and strategic plans concerning the delivery of
1-3 long-term care, community services, and certain health services.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DETERMINATION OF HOME HEALTH SERVICES DUAL
1-6 COVERAGE. (a) In this section, "home health services" has the
1-7 meaning assigned by Section 142.001, Health and Safety Code.
1-8 (b) As soon as possible after the effective date of this
1-9 Act, the Health and Human Services Commission, with assistance from
1-10 all appropriate health and human services agencies, as defined by
1-11 Section 531.001, Government Code, shall, to the extent possible,
1-12 obtain all federal and state information necessary to determine:
1-13 (1) the number of persons in this state dually
1-14 eligible for and receiving home health services paid under Medicaid
1-15 and Medicare; and
1-16 (2) the relative percentages of the total amount of
1-17 home health benefits paid on behalf of such persons by Medicaid and
1-18 by Medicare.
1-19 SECTION 2. CONSOLIDATED COMPLAINT INTAKE SYSTEM. (a) The
1-20 Health and Human Services Commission, with assistance from the
1-21 Department of Protective and Regulatory Services, the Texas
1-22 Department of Human Services, the Texas Department of Health, and
1-23 any other appropriate health and human services agency, as defined
1-24 by Section 531.001, Government Code, shall develop a strategic plan
2-1 for the creation of a consolidated intake system for complaints
2-2 made to a health and human services agency involving the abuse,
2-3 neglect, or exploitation of a person.
2-4 (b) The strategic plan must:
2-5 (1) identify a single health and human services agency
2-6 as the appropriate entity to receive all complaints;
2-7 (2) address the procedures to be used to track the
2-8 referral, investigation, and resolution of complaints;
2-9 (3) address the use of consistent definitions of
2-10 relevant terms, including "abuse," "neglect," and "exploitation";
2-11 and
2-12 (4) include other recommendations as necessary to
2-13 implement the plan and simplify the process for making a complaint.
2-14 (c) Not later than December 1, 2000, the commission shall
2-15 submit to the governor and the legislature a report concerning the
2-16 strategic plan required by this section, including any
2-17 recommendations for legislative action.
2-18 SECTION 3. STATE REGISTRY OF HEALTH CARE WORKERS. (a) The
2-19 Health and Human Services Commission, with assistance from the
2-20 Department of Protective and Regulatory Services, the Texas
2-21 Department of Human Services, the Texas Department of Health, and
2-22 any other appropriate health and human services agency, as defined
2-23 by Section 531.001, Government Code, shall develop a strategic plan
2-24 for the creation and maintenance of a state registry to contain the
2-25 names of health care workers determined to have abused, neglected,
2-26 or exploited a resident of an assisted living facility or a patient
2-27 of a home and community support services agency.
3-1 (b) The strategic plan must include recommendations relating
3-2 to providing:
3-3 (1) due process to a health care worker in connection
3-4 with placement of the worker's name in the registry; and
3-5 (2) public access to the registry.
3-6 (c) Not later than December 1, 2000, the commission shall
3-7 submit to the governor and the legislature a report concerning the
3-8 strategic plan required by this section, including any
3-9 recommendations for legislative action.
3-10 SECTION 4. WORK GROUP ON REGULATION OF BRAIN INJURY
3-11 REHABILITATION PROGRAMS. (a) As soon as possible after the
3-12 effective date of this Act, the Texas Rehabilitation Commission
3-13 shall form a work group to:
3-14 (1) study national accreditation standards for
3-15 facilities that provide brain injury rehabilitation services; and
3-16 (2) make recommendations concerning potential state
3-17 certification of those facilities.
3-18 (b) The commission shall include in the work group
3-19 representatives of developers and providers of brain injury
3-20 rehabilitation facilities and consumers of brain injury
3-21 rehabilitation services.
3-22 (c) The members of the work group shall elect a presiding
3-23 officer and any other necessary officers for the work group.
3-24 (d) The work group shall meet at the call of the presiding
3-25 officer.
3-26 (e) A member of the work group receives no compensation for
3-27 serving on the work group.
4-1 (f) The work group is not subject to Chapter 2110,
4-2 Government Code.
4-3 (g) Not later than December 1, 2000, the work group shall:
4-4 (1) complete the tasks specified in Subsection (a) of
4-5 this section; and
4-6 (2) submit to the governor and the legislature a
4-7 report describing the work group's findings and recommendations
4-8 relating to certification of facilities that provide brain injury
4-9 rehabilitation services.
4-10 (h) The work group dissolves and this section expires
4-11 September 1, 2001.
4-12 SECTION 5. PERSONAL CARE ATTENDANT TRAINING. (a) The Texas
4-13 Department of Human Services, with assistance from the Texas
4-14 Workforce Commission, the Texas Rehabilitation Commission, the
4-15 Texas Commission for the Blind, the Texas Commission for the Deaf
4-16 and Hard of Hearing, and the Texas Higher Education Coordinating
4-17 Board, shall review training programs for personal care attendants
4-18 and develop recommendations for improvement in those programs.
4-19 (b) Not later than December 1, 2000, the department shall
4-20 submit to the governor and the legislature a report concerning the
4-21 department's findings and recommendations.
4-22 SECTION 6. AFFORDABLE HOUSING AND HOME AND COMMUNITY SUPPORT
4-23 SERVICES STUDY. (a) The Texas Department of Housing and Community
4-24 Affairs, with assistance from each appropriate health and human
4-25 services agency, as defined by Section 531.001, Government Code,
4-26 shall study opportunities for linking affordable housing programs
4-27 with home and community support services. The department shall
5-1 identify available funding sources for services, buildings, and
5-2 architectural upgrades as part of the study.
5-3 (b) Not later than December 1, 2000, the department shall
5-4 submit to the governor and the legislature a report concerning the
5-5 department's findings and recommendations.
5-6 SECTION 7. EMERGENCY. The importance of this legislation
5-7 and the crowded condition of the calendars in both houses create an
5-8 emergency and an imperative public necessity that the
5-9 constitutional rule requiring bills to be read on three several
5-10 days in each house be suspended, and this rule is hereby suspended,
5-11 and that this Act take effect and be in force from and after its
5-12 passage, and it is so enacted.