1-1 AN ACT
1-2 relating to the continuation and functions of the Health and Human
1-3 Services Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. GENERAL POWERS AND DUTIES OF HEALTH AND HUMAN
1-6 SERVICES COMMISSION
1-7 SECTION 1.01. Section 531.004, Government Code, is amended
1-8 to read as follows:
1-9 Sec. 531.004. SUNSET PROVISION. The Health and Human
1-10 Services Commission is subject to Chapter 325 (Texas Sunset Act).
1-11 Unless continued in existence as provided by that chapter, the
1-12 commission is abolished and this chapter expires September 1, 2007
1-13 [1999].
1-14 SECTION 1.02. Section 531.009, Government Code, is amended
1-15 to read as follows:
1-16 Sec. 531.009. PERSONNEL. (a) The commissioner shall employ
1-17 a medical director to provide medical expertise to the commissioner
1-18 and the commission and may employ other personnel necessary to
1-19 administer the commission's duties.
1-20 (b) The commissioner or the commissioner's designated
1-21 representative shall develop an intra-agency career ladder program,
1-22 one part of which must require the intra-agency posting of all
1-23 non-entry-level positions concurrently with any public posting.
1-24 (c) The commissioner or the commissioner's designated
2-1 representative shall develop a system of annual performance
2-2 evaluations based on measurable job tasks. All merit pay for
2-3 commission employees must be based on the system established under
2-4 this subsection.
2-5 (d) The commissioner shall provide to commission employees
2-6 as often as is necessary information regarding their qualifications
2-7 under this chapter and their responsibilities under applicable laws
2-8 relating to standards of conduct for state employees.
2-9 (e) The commissioner or the commissioner's designated
2-10 representative shall prepare and maintain a written policy
2-11 statement that implements [to ensure implementation of] a program
2-12 of equal employment opportunity to ensure that [under which] all
2-13 personnel transactions are made without regard to race, color,
2-14 disability, sex, religion, age, or national origin.
2-15 (f) The policy statement described by Subsection (e) must
2-16 include:
2-17 (1) personnel policies, including policies relating to
2-18 recruitment, evaluation, selection, [appointment,] training, and
2-19 promotion of personnel, that show the intent of the commission to
2-20 avoid the unlawful employment practices described by Chapter 21,
2-21 Labor Code; and
2-22 (2) an analysis of the extent to which the composition
2-23 of the commission's personnel is in accordance with state and
2-24 federal law and a description of reasonable methods to achieve
2-25 compliance with state and federal law [a comprehensive analysis of
2-26 the commission workforce that meets federal and state guidelines;]
2-27 [(3) procedures by which a determination can be made
3-1 of significant underuse in the commission workforce of all persons
3-2 for whom federal or state guidelines encourage a more equitable
3-3 balance; and]
3-4 [(4) reasonable methods to appropriately address areas
3-5 of significant underuse in the commission workforce of all persons
3-6 for whom federal or state guidelines encourage a more equitable
3-7 balance].
3-8 (g) The policy statement described by Subsection (e) must:
3-9 (1) be updated annually;
3-10 (2) be reviewed by the state Commission on Human
3-11 Rights for compliance with Subsection (f)(1); and
3-12 (3) be filed with the governor's office.
3-13 SECTION 1.03. Section 531.011, Government Code, is amended
3-14 by adding Subsection (g) to read as follows:
3-15 (g) In addition to the information file maintained under
3-16 Subsection (e), the commission shall maintain an information file
3-17 on a complaint received by the commission relating to any matter or
3-18 agency under the jurisdiction of the commission.
3-19 SECTION 1.04. Subchapter A, Chapter 531, Government Code, is
3-20 amended by adding Section 531.014 to read as follows:
3-21 Sec. 531.014. CONSOLIDATION OF REPORTS. The commission may
3-22 consolidate any annual or biennial reports required to be made
3-23 under this chapter or another law if:
3-24 (1) the consolidated report is submitted not later
3-25 than the earliest deadline for the submission of any component of
3-26 the consolidated report; and
3-27 (2) each person required to receive a component of the
4-1 consolidated report receives the consolidated report and the
4-2 consolidated report identifies the component of the report the
4-3 person was required to receive.
4-4 SECTION 1.05. Subchapter A, Chapter 531, Government Code,
4-5 is amended by adding Section 531.015 to read as follows:
4-6 Sec. 531.015. NEW FACILITIES IN CERTAIN COUNTIES. A health
4-7 and human services agency is prohibited from establishing a new
4-8 facility in a county with a population of less than 200,000 until
4-9 the agency provides notification about the facility, its location,
4-10 and its purpose to each state representative and state senator that
4-11 represents all or part of the county, the county judge that
4-12 represents the county, and the mayor of any municipality in which
4-13 the facility would be located.
4-14 ARTICLE 2. RELATIONSHIP WITH HEALTH AND HUMAN SERVICES AGENCIES
4-15 SECTION 2.01. Subchapter A, Chapter 531, Government Code, is
4-16 amended by adding Sections 531.0055, 531.0056, and 531.0057 to read
4-17 as follows:
4-18 Sec. 531.0055. COMMISSIONER: RESPONSIBILITY RELATING TO
4-19 CERTAIN FUNCTIONS OF HEALTH AND HUMAN SERVICES AGENCIES. (a) In
4-20 this section and in Section 531.0056:
4-21 (1) "Agency director" means the director, executive
4-22 director, or commissioner of a health and human services agency.
4-23 (2) "Policymaking body" means the board or commission
4-24 with policymaking authority over a health and human services
4-25 agency.
4-26 (b) The commission shall:
4-27 (1) supervise the administration and operation of the
5-1 Medicaid program, including the administration and operation of the
5-2 Medicaid managed care system in accordance with Section 531.021;
5-3 (2) supervise information systems planning and
5-4 management for health and human services agencies under Section
5-5 531.0273;
5-6 (3) monitor and ensure the effective use of all
5-7 federal funds received by a health and human services agency in
5-8 accordance with Section 531.028 and the General Appropriations Act;
5-9 and
5-10 (4) implement Texas Integrated Enrollment Services as
5-11 required by Subchapter F.
5-12 (c) After implementation of the commission's duties under
5-13 Subsection (b), the commission shall implement the powers and
5-14 duties given to the commission under Sections 531.0246, 531.0247,
5-15 2155.144, as added by Chapter 1045, Acts of the 75th Legislature,
5-16 Regular Session, 1997, and 2167.004.
5-17 (d) After implementation of the commission's duties under
5-18 Subsections (b) and (c), the commission shall implement the powers
5-19 and duties given to the commission under Section 531.0248. Nothing
5-20 in the priorities established by this section is intended to limit
5-21 the authority of the commission to work simultaneously to achieve
5-22 the multiple tasks assigned to the commission in this section, when
5-23 such an approach is beneficial in the judgment of the commission.
5-24 The commission shall plan and implement an efficient and effective
5-25 system of administrative support services for health and human
5-26 services agencies. The term "administrative support services"
5-27 includes, but is not limited to, strategic planning, audit, legal,
6-1 human resources, and accounting services.
6-2 (e) Notwithstanding any other law, the commissioner, as
6-3 necessary to perform the functions described by Subsections (b),
6-4 (c), and (d) in implementation of the policies established by each
6-5 agency's policymaking body, shall:
6-6 (1) manage and direct the operations of each health
6-7 and human services agency; and
6-8 (2) supervise and direct the activities of each agency
6-9 director.
6-10 (f) The operational authority of the commissioner for
6-11 purposes of Subsection (e) at each health and human services agency
6-12 includes authority over the:
6-13 (1) management of the daily operations of the agency,
6-14 including the organization and management of the agency and agency
6-15 operating procedures;
6-16 (2) allocation of resources within the agency,
6-17 including use of federal funds received by the agency;
6-18 (3) personnel and employment policies;
6-19 (4) contracting, purchasing, and related policies,
6-20 subject to this chapter and other laws relating to contracting and
6-21 purchasing by a state agency;
6-22 (5) information resources systems used by the agency;
6-23 (6) location of agency facilities; and
6-24 (7) coordination of agency activities with activities
6-25 of other state agencies, including other health and human services
6-26 agencies.
6-27 (g) Notwithstanding any other law, the operational authority
7-1 of the commissioner for purposes of Subsection (e) at each health
7-2 and human services agency includes the authority to adopt or
7-3 approve, subject to applicable limitations, any rate of payment or
7-4 similar provision required by law to be adopted or approved by the
7-5 agency.
7-6 (h) For each health and human services agency, the
7-7 commissioner shall implement a program to evaluate and supervise
7-8 the daily operations of the agency. The program must include
7-9 measurable performance objectives for each agency director and
7-10 adequate reporting requirements to permit the commissioner to
7-11 perform the duties assigned to the commissioner under this section.
7-12 (i) To facilitate the operations of a health and human
7-13 services agency in accordance with this section, the commissioner
7-14 may delegate a specific power or duty given under Subsection (f) or
7-15 (g) to an agency director.
7-16 (j) The commissioner may adopt rules to implement the
7-17 commissioner's authority under this section.
7-18 (k) The commissioner and each agency director shall enter
7-19 into a memorandum of understanding that:
7-20 (1) clearly defines the responsibilities of the agency
7-21 director and the commissioner;
7-22 (2) establishes the program of evaluation and
7-23 supervision of daily operations required by Subsection (h); and
7-24 (3) describes each delegation of a power or duty made
7-25 under Subsection (i).
7-26 (l) Notwithstanding any other provision of this section, a
7-27 policymaking body has the authority provided by law to adopt
8-1 policies and rules governing the delivery of services to persons
8-2 who are served by the agency and the rights and duties of persons
8-3 who are served or regulated by the agency. The commissioner and
8-4 each policymaking body shall enter into a memorandum of
8-5 understanding that clearly defines:
8-6 (1) the policymaking authority of the policymaking
8-7 body; and
8-8 (2) the operational authority of the commissioner.
8-9 Sec. 531.0056. EMPLOYMENT OF AGENCY DIRECTOR. (a) This
8-10 section applies only to an agency director employed by the
8-11 commissioner.
8-12 (b) An agency director employed by the commissioner may be
8-13 employed only with the concurrence of the agency's policymaking
8-14 body and the approval of the governor.
8-15 (c) As established in Section 531.0055(k)(1), the
8-16 commissioner and agency director shall enter into a memorandum of
8-17 understanding that clearly defines the responsibilities of the
8-18 agency director and may establish terms and conditions of
8-19 employment in the memorandum of understanding.
8-20 (d) The terms of the memorandum of understanding shall
8-21 outline specific performance objectives, as defined jointly by the
8-22 commissioner and the policymaking body, to be fulfilled by the
8-23 agency director, including the performance objectives outlined in
8-24 Section 531.0055(h).
8-25 (e) Based upon the performance objectives outlined in the
8-26 memorandum of understanding, the commissioner shall perform an
8-27 employment evaluation of the agency director.
9-1 (f) The commissioner shall submit the evaluation, along with
9-2 any recommendation regarding the employment of the agency director,
9-3 to the agency's policymaking body and the governor not later than
9-4 January 1 of each even-numbered year.
9-5 (g) The policymaking body shall consider the evaluation in a
9-6 meeting of the policymaking body and take necessary action, if any,
9-7 not later than 90 days after the date of the receipt of the
9-8 evaluation.
9-9 (h) An agency director employed by the commissioner serves
9-10 at the pleasure of the commissioner but may be discharged only with
9-11 the concurrence of the agency's policymaking body.
9-12 Sec. 531.0057. AUTHORITY OVER RULEMAKING AT HEALTH AND HUMAN
9-13 SERVICES AGENCY. (a) Notwithstanding any other law, a health and
9-14 human services agency must notify the commissioner before proposing
9-15 a rule. A rule adopted in violation of this section is void.
9-16 (b) The commissioner may waive the requirement of this
9-17 section as necessary to permit emergency rulemaking in accordance
9-18 with Section 2001.034.
9-19 SECTION 2.02. Section 21.004, Human Resources Code, is
9-20 amended to read as follows:
9-21 Sec. 21.004. COMMISSIONER. (a) The Commissioner of Human
9-22 Services is the executive and administrative officer of the
9-23 department. The commissioner exercises all rights, powers, and
9-24 duties imposed or conferred by law on the department unless the
9-25 right, power, or duty is specifically delegated by the commissioner
9-26 of health and human services [board] to the department's agents or
9-27 employees.
10-1 (b) The commissioner is employed [appointed] by the
10-2 commissioner of health and human services in accordance with
10-3 Section 531.0056, Government Code [board with the approval of the
10-4 governor and serves at the pleasure of the board].
10-5 (c) To be eligible for employment [appointment] as
10-6 commissioner, a person must be at least 35 years old, have had
10-7 experience as an executive or administrator, and not have served as
10-8 an elected state officer as defined by Chapter 572, Government
10-9 Code, during the six-month period preceding the date of the
10-10 employment [appointment].
10-11 SECTION 2.03. Chapter 22, Human Resources Code, is amended
10-12 by adding Section 22.0001 to read as follows:
10-13 Sec. 22.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
10-14 AND HUMAN SERVICES. The commissioner of health and human services
10-15 has the powers and duties relating to the board and commissioner as
10-16 provided by Section 531.0055, Government Code. To the extent a
10-17 power or duty given to the board or commissioner by this title or
10-18 another law conflicts with Section 531.0055, Government Code,
10-19 Section 531.0055 controls.
10-20 SECTION 2.04. Section 40.027, Human Resources Code, is
10-21 amended to read as follows:
10-22 Sec. 40.027. EXECUTIVE DIRECTOR. (a) The commissioner of
10-23 health and human services [board] shall employ the executive
10-24 director in accordance with Section 531.0056, Government Code [with
10-25 the approval of the governor. The executive director serves at the
10-26 pleasure of the board].
10-27 (b) The executive director is the executive head of the
11-1 department. The executive director shall perform the duties
11-2 assigned by the commissioner of health and human services [board]
11-3 and state law.
11-4 SECTION 2.05. Subchapter C, Chapter 40, Human Resources
11-5 Code, is amended by adding Section 40.0505 to read as follows:
11-6 Sec. 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
11-7 AND HUMAN SERVICES. The commissioner of health and human services
11-8 has the powers and duties relating to the board and executive
11-9 director as provided by Section 531.0055, Government Code. To the
11-10 extent a power or duty given to the board or executive director by
11-11 this chapter or another law conflicts with Section 531.0055,
11-12 Government Code, Section 531.0055 controls.
11-13 SECTION 2.06. Chapter 73, Human Resources Code, is amended
11-14 by adding Section 73.0045 to read as follows:
11-15 Sec. 73.0045. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
11-16 AND HUMAN SERVICES. The commissioner of health and human services
11-17 has the powers and duties relating to the board and the executive
11-18 director of the board as provided by Section 531.0055, Government
11-19 Code. To the extent a power or duty given to the board or
11-20 executive director by this chapter or another law conflicts with
11-21 Section 531.0055, Government Code, Section 531.0055 controls.
11-22 SECTION 2.07. Sections 73.0052(b) and (c), Human Resources
11-23 Code, are amended to read as follows:
11-24 (b) The commissioner of health and human services [board]
11-25 shall employ an executive director in accordance with Section
11-26 531.0056, Government Code. The[, and the] executive director shall
11-27 establish necessary administrative units[,] and hire other
12-1 necessary employees.
12-2 (c) Utilizing established standards, the commissioner of
12-3 health and human services [board] shall evaluate the performance of
12-4 the executive director annually.
12-5 SECTION 2.08. Chapter 81, Human Resources Code, is amended
12-6 by adding Section 81.0055 to read as follows:
12-7 Sec. 81.0055. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
12-8 AND HUMAN SERVICES. The commissioner of health and human services
12-9 has the powers and duties relating to the commission and the
12-10 executive director of the commission as provided by Section
12-11 531.0055, Government Code. To the extent a power or duty given to
12-12 the commission or executive director by this chapter or another law
12-13 conflicts with Section 531.0055, Government Code, Section 531.0055
12-14 controls.
12-15 SECTION 2.09. Sections 81.008(a) and (b), Human Resources
12-16 Code, are amended to read as follows:
12-17 (a) The commissioner of health and human services
12-18 [commission] shall employ [appoint] an executive director in
12-19 accordance with Section 531.0056, Government Code [with the
12-20 approval of the governor].
12-21 (b) In selecting an executive director, the commissioner of
12-22 health and human services [commission] shall give preference to a
12-23 deaf or hard of hearing person.
12-24 SECTION 2.10. Sections 91.012(a), (b), and (d), Human
12-25 Resources Code, are amended to read as follows:
12-26 (a) The commissioner of health and human services
12-27 [commission] shall employ [annually appoint] an executive director
13-1 in accordance with Section 531.0056, Government Code [with the
13-2 approval of the governor].
13-3 (b) The commissioner of health and human services
13-4 [commission] shall select the executive director, according to
13-5 established personnel standards, on the basis of education,
13-6 training, experience, and demonstrated ability.
13-7 (d) The [On commission approval, the] executive director:
13-8 (1) shall appoint personnel necessary to efficiently
13-9 accomplish commission purposes;
13-10 (2) may delegate to an employee a power of the
13-11 executive director except the power to adopt rules or appoint
13-12 personnel;
13-13 (3) shall establish appropriate administrative units
13-14 within commission programs;
13-15 (4) may accept and use gifts and grants to the
13-16 commission to carry out the purposes of this title, if the
13-17 commission determines that the conditions of the gift or grant are
13-18 consistent with this title; and
13-19 (5) may take other actions that the executive director
13-20 considers necessary or appropriate to carry out commission
13-21 purposes.
13-22 SECTION 2.11. Subchapter C, Chapter 91, Human Resources
13-23 Code, is amended by adding Section 91.0205 to read as follows:
13-24 Sec. 91.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
13-25 AND HUMAN SERVICES. The commissioner of health and human services
13-26 has the powers and duties relating to the commission and executive
13-27 director as provided by Section 531.0055, Government Code. To the
14-1 extent a power or duty given to the commission or executive
14-2 director by this chapter or another law conflicts with Section
14-3 531.0055, Government Code, Section 531.0055 controls.
14-4 SECTION 2.12. Section 101.004(a), Human Resources Code, is
14-5 amended to read as follows:
14-6 (a) The commissioner of health and human services [board]
14-7 shall employ [appoint] an executive director of aging in accordance
14-8 with Section 531.0056, Government Code [with the approval of the
14-9 governor]. The executive director shall discharge all executive
14-10 and administrative functions of the department. The executive
14-11 director must be a person with executive ability and experience in
14-12 the area of aging. [The executive director serves at the pleasure
14-13 of the board.]
14-14 SECTION 2.13. Subchapter B, Chapter 101, Human Resources
14-15 Code, is amended by adding Section 101.0205 to read as follows:
14-16 Sec. 101.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
14-17 AND HUMAN SERVICES. The commissioner of health and human services
14-18 has the powers and duties relating to the board and executive
14-19 director as provided by Section 531.0055, Government Code. To the
14-20 extent a power or duty given to the board or executive director by
14-21 this chapter or another law conflicts with Section 531.0055,
14-22 Government Code, Section 531.0055 controls.
14-23 SECTION 2.14. Section 111.017, Human Resources Code, is
14-24 amended to read as follows:
14-25 Sec. 111.017. COMMISSIONER. (a) This chapter is
14-26 administered by the commissioner under operational policies
14-27 established by the commissioner of health and human services
15-1 [board]. The commissioner is employed [appointed] by the
15-2 commissioner of health and human services in accordance with
15-3 Section 531.0056, Government Code [board, with the approval of the
15-4 governor], on the basis of education, training, experience, and
15-5 demonstrated ability.
15-6 (b) The commissioner serves as [at the pleasure of the board
15-7 and is] secretary to the board, as well as chief administrative
15-8 officer of the agency.
15-9 SECTION 2.15. Subchapter C, Chapter 111, Human Resources
15-10 Code, is amended by adding Section 111.0505 to read as follows:
15-11 Sec. 111.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
15-12 AND HUMAN SERVICES. The commissioner of health and human services
15-13 has the powers and duties relating to the commission and
15-14 commissioner as provided by Section 531.0055, Government Code. To
15-15 the extent a power or duty given to the commission or commissioner
15-16 by this chapter or another law conflicts with Section 531.0055,
15-17 Government Code, Section 531.0055 controls.
15-18 SECTION 2.16. Subchapter C, Chapter 141, Human Resources
15-19 Code, is amended by adding Section 141.0405 to read as follows:
15-20 Sec. 141.0405. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
15-21 AND HUMAN SERVICES. The commissioner of health and human services
15-22 has the powers and duties relating to the commission and director
15-23 as provided by Section 531.0055, Government Code. To the extent a
15-24 power or duty given to the commission or director by this chapter
15-25 or another law conflicts with Section 531.0055, Government Code,
15-26 Section 531.0055 controls.
15-27 SECTION 2.17. Sections 11.012(a), (b), (c), and (d), Health
16-1 and Safety Code, are amended to read as follows:
16-2 (a) The commissioner of health and human services [board]
16-3 shall employ the commissioner in accordance with Section 531.0056,
16-4 Government Code [with the approval of the governor. The
16-5 commissioner serves at the will of the board].
16-6 (b) Except as provided in Subsection (c), the commissioner
16-7 must:
16-8 (1) have at least five years of experience in the
16-9 administration of public health systems; and
16-10 (2) be a person licensed to practice medicine in this
16-11 state.
16-12 (c) The commissioner of health and human services [board]
16-13 may, based on the qualifications and experience in administering
16-14 public health systems [and on two thirds vote of the board], employ
16-15 a person other than a physician as the commissioner.
16-16 (d) If the commissioner of health and human services [board]
16-17 employs a person as commissioner who is not a physician, then the
16-18 board shall designate a person licensed to practice medicine in
16-19 this state as chief medical executive.
16-20 SECTION 2.18. Subchapter A, Chapter 12, Health and Safety
16-21 Code, is amended by adding Section 12.0001 to read as follows:
16-22 Sec. 12.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
16-23 AND HUMAN SERVICES. The commissioner of health and human services
16-24 has the powers and duties relating to the board and commissioner as
16-25 provided by Section 531.0055, Government Code. To the extent a
16-26 power or duty given to the board or commissioner by this title or
16-27 another law conflicts with Section 531.0055, Government Code,
17-1 Section 531.0055 controls.
17-2 SECTION 2.19. Section 461.011(a), Health and Safety Code, is
17-3 amended to read as follows:
17-4 (a) The commissioner of health and human services
17-5 [commission] shall employ an executive director in accordance with
17-6 Section 531.0056, Government Code [with the approval of the
17-7 governor]. The executive director shall hire other necessary
17-8 employees.
17-9 SECTION 2.20. Chapter 461, Health and Safety Code, is
17-10 amended by adding Section 461.0115 to read as follows:
17-11 Sec. 461.0115. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
17-12 AND HUMAN SERVICES. The commissioner of health and human services
17-13 has the powers and duties relating to the commission and executive
17-14 director as provided by Section 531.0055, Government Code. To the
17-15 extent a power or duty given to the commission or executive
17-16 director by this chapter or another law conflicts with Section
17-17 531.0055, Government Code, Section 531.0055 controls.
17-18 SECTION 2.21. Sections 532.011(a), (b), (d), and (f), Health
17-19 and Safety Code, are amended to read as follows:
17-20 (a) The commissioner of health and human services [board]
17-21 shall employ [appoint] a commissioner in accordance with Section
17-22 531.0056, Government Code [with the approval of the governor].
17-23 (b) To be qualified for employment [appointment] as
17-24 commissioner, a person must have:
17-25 (1) professional training and experience in the
17-26 administration or management of comprehensive health care or human
17-27 service operations; and
18-1 (2) proven administrative and management ability,
18-2 preferably in the health care area.
18-3 (d) The [Subject to board rules and basic and general
18-4 policies, the] commissioner:
18-5 (1) has the administrative and decisional powers
18-6 granted under this subtitle; and
18-7 (2) shall administer the department and this subtitle
18-8 and ensure [assure] the effective administration of the department
18-9 and its programs and services.
18-10 (f) The [With the board's approval, the] commissioner shall:
18-11 (1) establish an organizational structure within the
18-12 department that will promote the effective administration of this
18-13 subtitle; and
18-14 (2) establish the duties and functions of the
18-15 department's staff.
18-16 SECTION 2.22. Subchapter A, Chapter 533, Health and Safety
18-17 Code, is amended by adding Section 533.0001 to read as follows:
18-18 Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH
18-19 AND HUMAN SERVICES. The commissioner of health and human services
18-20 has the powers and duties relating to the board and commissioner as
18-21 provided by Section 531.0055, Government Code. To the extent a
18-22 power or duty given to the board or commissioner by this title or
18-23 another law conflicts with Section 531.0055, Government Code,
18-24 Section 531.0055 controls.
18-25 SECTION 2.23. (a) In this section, "agency director" and
18-26 "policymaking body" have the meanings assigned by Section 531.0055,
18-27 Government Code, as added by this Act.
19-1 (b) An agency director serving on the effective date of this
19-2 Act continues to serve in that position until the earlier of the
19-3 date that:
19-4 (1) the term provided by statute or contract for that
19-5 person's appointment or employment expires; or
19-6 (2) the director is removed from the position as
19-7 provided by law.
19-8 (c) The commissioner shall fill a position that becomes
19-9 vacant as described by Subsections (b)(1)-(2) of this section, with
19-10 the concurrence of the appropriate policymaking body and the
19-11 approval of the governor, as required by Section 531.0056,
19-12 Government Code, as added by this Act.
19-13 (d) With the concurrence of the appropriate policymaking
19-14 body and the approval of the governor, the commissioner of health
19-15 and human services is authorized to employ the agency director of
19-16 an agency added to those agencies defined as health and human
19-17 services agencies by Section 531.001, Government Code, by any other
19-18 Act of the 76th Legislature. The agency director is employed and
19-19 serves in accordance with Section 531.0056, Government Code, as
19-20 added by this Act.
19-21 ARTICLE 3. SPECIFIC FUNCTIONS OF HEALTH
19-22 AND HUMAN SERVICES COMMISSION
19-23 SECTION 3.01. Section 531.021(b), Government Code, is
19-24 amended to read as follows:
19-25 (b) The commission shall:
19-26 (1) plan and direct the Medicaid program in each
19-27 agency that operates a portion of the Medicaid program, including
20-1 the management of the Medicaid managed care system and the
20-2 development, procurement, management, and monitoring of contracts
20-3 necessary to implement the Medicaid managed care system;
20-4 (2) adopt [is responsible for adopting] reasonable
20-5 rules and standards governing the determination of fees, charges,
20-6 and rates for medical assistance payments under Chapter 32, Human
20-7 Resources Code, in consultation[. In adopting these rules and
20-8 standards, the commission shall consult] with the agencies that
20-9 operate the Medicaid program; and
20-10 (3) establish requirements for and define the scope of
20-11 the ongoing evaluation of the Medicaid managed care system
20-12 conducted in conjunction with the Texas Health Care Information
20-13 Council under Section 108.0065, Health and Safety Code.
20-14 SECTION 3.02. Subchapter B, Chapter 531, Government Code, is
20-15 amended by adding Sections 531.0246, 531.0247, 531.0248, and
20-16 531.0249 to read as follows:
20-17 Sec. 531.0246. REGIONAL MANAGEMENT OF HEALTH AND HUMAN
20-18 SERVICES AGENCIES. Subject to Section 531.0055(c), the commission
20-19 may require a health and human services agency, under the direction
20-20 of the commission, to:
20-21 (1) locate all or a portion of the agency's employees
20-22 and programs in the same building as another health and human
20-23 services agency or at a location near or adjacent to the location
20-24 of another health and human services agency;
20-25 (2) ensure that the agency's location is accessible to
20-26 disabled employees and agency clients; and
20-27 (3) consolidate agency support services, including
21-1 clerical and administrative support services and information
21-2 resources support services, with support services provided to or by
21-3 another health and human services agency.
21-4 Sec. 531.0247. ANNUAL BUSINESS PLAN. Subject to Section
21-5 531.0055(c), the commission shall develop and implement an annual
21-6 business services plan for each health and human services region
21-7 that establishes performance objectives for all health and human
21-8 services agencies providing services in the region and measures
21-9 agency effectiveness and efficiency in achieving those objectives.
21-10 Sec. 531.0248. COMMUNITY-BASED SUPPORT SYSTEMS. (a)
21-11 Subject to Section 531.0055(d), the commission shall assist
21-12 communities in this state in developing comprehensive,
21-13 community-based support systems for health and human services. At
21-14 the request of a community, the commission shall provide resources
21-15 and assistance to the community to enable the community to:
21-16 (1) identify and overcome institutional barriers to
21-17 developing more comprehensive community support systems, including
21-18 barriers that result from the policies and procedures of state
21-19 health and human services agencies; and
21-20 (2) develop a system of blended funds to allow the
21-21 community to customize services to fit individual community needs.
21-22 (b) At the request of the commission, a health and human
21-23 services agency shall provide resources and assistance to a
21-24 community as necessary to perform the commission's duties under
21-25 Subsection (a).
21-26 (c) A health and human services agency that receives or
21-27 develops a proposal for a community initiative shall submit the
22-1 initiative to the commission for review and approval. The
22-2 commission shall review the initiative to ensure that the
22-3 initiative is consistent with other similar programs offered in
22-4 communities and does not duplicate other services provided in the
22-5 community.
22-6 (d) In implementing this section, the commission shall
22-7 consider models used in other service delivery systems, including
22-8 the mental health and mental retardation service delivery system.
22-9 Sec. 531.0249. ADVISORY COMMITTEE FOR LOCAL GOVERNMENTAL
22-10 ENTITIES. (a) The commission shall appoint an advisory committee
22-11 composed of representatives of governmental entities identified
22-12 under Section 531.022(e).
22-13 (b) The advisory committee:
22-14 (1) shall advise the commission with respect to
22-15 establishing flexible and responsive strategies for blending
22-16 federal, state, and other available funding sources to meet local
22-17 program needs and service priorities, in implementation of Sections
22-18 531.022, 531.024, and 531.0248; and
22-19 (2) may assist the commission in performing its other
22-20 functions under Sections 531.022, 531.024, 531.0248, and
22-21 531.028(b)(6).
22-22 (c) A member of the advisory committee may not receive
22-23 compensation, but is entitled to reimbursement of the travel
22-24 expenses incurred by the member while conducting the business of
22-25 the committee, as provided by the General Appropriations Act.
22-26 (d) The advisory committee is not subject to Chapter 2110.
22-27 SECTION 3.03. Sections 531.0271 and 531.0273, Government
23-1 Code, are amended to read as follows:
23-2 Sec. 531.0271. HEALTH AND HUMAN SERVICES AGENCIES OPERATING
23-3 BUDGETS. The commission may, within the limits established by and
23-4 subject to [(a) In addition to the provisions of] the General
23-5 Appropriations Act, transfer amounts appropriated to health and
23-6 human services agencies among the agencies to [the commission shall
23-7 review and comment on]:
23-8 (1) enhance the receipt of federal money under the
23-9 federal funds management system established under Section 531.028;
23-10 (2) achieve efficiencies in the administrative support
23-11 functions of the agencies; and
23-12 (3) perform the functions assigned to the commissioner
23-13 under Section 531.0055 [the annual operating budget of each health
23-14 and human services agency; and]
23-15 [(2) the transfer of funds between budget strategies
23-16 made by each health and human services agency before that transfer.]
23-17 [(b) The commission shall issue a quarterly report regarding
23-18 the projected expenditures by budget strategy of each health and
23-19 human services agency compared to each agency's operating budget].
23-20 Sec. 531.0273. INFORMATION RESOURCES PLANNING AND
23-21 MANAGEMENT; ADVISORY COMMITTEE [AUTOMATED SYSTEMS]. (a) The
23-22 commission is responsible for strategic planning for information
23-23 resources at each health and human services agency and shall direct
23-24 the management of information resources at each health and human
23-25 services agency. The commission shall:
23-26 (1) develop a coordinated strategic plan for
23-27 information resources management that:
24-1 (A) covers a five-year period;
24-2 (B) defines objectives for information resources
24-3 management at each health and human services agency;
24-4 (C) prioritizes information resources projects
24-5 and implementation of new technology for all health and human
24-6 services agencies;
24-7 (D) integrates planning and development of each
24-8 information resources system used by a health and human services
24-9 agency into a coordinated information resources management planning
24-10 and development system established by the commission;
24-11 (E) establishes standards for information
24-12 resources system security and that promotes the ability of
24-13 information resources systems to operate with each other; and
24-14 (F) achieves economies of scale and related
24-15 benefits in purchasing for health and human services information
24-16 resources systems;
24-17 (2) establish information resources management
24-18 policies, procedures, and technical standards and ensure compliance
24-19 with those policies, procedures, and standards; and
24-20 (3) review and approve the information resources
24-21 management and biennial operating plan of each health and human
24-22 services agency.
24-23 (b) Not later than December 15 of each even-numbered year,
24-24 the commission shall file the coordinated information resources
24-25 strategic plan with the governor, the lieutenant governor, and the
24-26 speaker of the house of representatives.
24-27 (c) A health and human services agency may not submit its
25-1 plans to the Department of Information Resources under Subchapter
25-2 E, Chapter 2054, until those plans are approved by the commission.
25-3 (d) The commission shall appoint an advisory committee
25-4 composed of:
25-5 (1) information resources managers for state agencies
25-6 and for private employers; and
25-7 (2) the directors, executive directors, and
25-8 commissioners of health and human services agencies.
25-9 (e) The advisory committee appointed under Subsection (d)
25-10 shall advise the commission with respect to the implementation of
25-11 the commission's duties under Subsection (a)(1) and:
25-12 (1) shall advise the commission about:
25-13 (A) overall goals and objectives for information
25-14 resources management for all health and human services agencies;
25-15 (B) coordination of agency information resources
25-16 management plans;
25-17 (C) development of short-term and long-term
25-18 strategies for:
25-19 (i) implementing information resources
25-20 management policies, procedures, and technical standards; and
25-21 (ii) ensuring compatibility of information
25-22 resources systems across health and human services agencies as
25-23 technology changes;
25-24 (D) information resources training and skill
25-25 development for health and human services agency employees and
25-26 policies to facilitate recruitment and retention of trained
25-27 employees;
26-1 (E) standards for determining:
26-2 (i) the circumstances in which obtaining
26-3 information resources services under contract is appropriate;
26-4 (ii) the information resources services
26-5 functions that must be performed by health and human services
26-6 agency information resources services employees; and
26-7 (iii) the information resources services
26-8 skills that must be maintained by health and human services agency
26-9 information resources services employees;
26-10 (F) optimization of the use of information
26-11 resources technology that is in place at health and human services
26-12 agencies; and
26-13 (G) existing and potential future information
26-14 resources technologies and practices and the usefulness of those
26-15 technologies and practices to health and human services agencies;
26-16 and
26-17 (2) shall review and make recommendations to the
26-18 commission relating to the consolidation and improved efficiency of
26-19 information resources management functions, including:
26-20 (A) cooperative leasing of information resources
26-21 systems equipment;
26-22 (B) consolidation of data centers;
26-23 (C) improved network operations;
26-24 (D) technical support functions, including help
26-25 desk services, call centers, and data warehouses;
26-26 (E) administrative applications;
26-27 (F) purchases of standard software;
27-1 (G) joint training efforts;
27-2 (H) recruitment and retention of trained agency
27-3 employees;
27-4 (I) video conferencing; and
27-5 (J) other related opportunities for improved
27-6 efficiency.
27-7 (f) A member of the advisory committee may not receive
27-8 compensation, but is entitled to reimbursement of the travel
27-9 expenses incurred by the member while conducting the business of
27-10 the committee, as provided by the General Appropriations Act.
27-11 (g) The advisory committee is not subject to Chapter 2110.
27-12 SECTION 3.04. Section 531.028, Government Code, is amended
27-13 to read as follows:
27-14 Sec. 531.028. MONITORING AND EFFECTIVE MANAGEMENT [AND
27-15 DISTRIBUTION] OF FUNDS. (a) The commission, within the limits
27-16 established by and subject to the General Appropriations Act, shall
27-17 be responsible for planning for, and managing the use of, all
27-18 federal funds in a manner that maximizes the federal funding
27-19 available to the state while promoting the delivery of services.
27-20 (b) The commissioner shall establish a federal money
27-21 management system to coordinate and monitor the use of federal
27-22 money that is received by health and human services agencies to
27-23 ensure that the money is spent in the most efficient manner and
27-24 shall:
27-25 (1) establish priorities for use of federal money by
27-26 all health and human services agencies, in coordination with the
27-27 coordinated strategic plan established under Section 531.022 and
28-1 the budget prepared under Section 531.026;
28-2 (2) coordinate and monitor the use of federal money
28-3 for health and human services to ensure that the money is spent in
28-4 the most cost-effective manner throughout the health and human
28-5 services system;
28-6 (3) review and approve all federal funding plans for
28-7 health and human services in this state;
28-8 (4) estimate available federal money, including earned
28-9 federal money, and monitor unspent money;
28-10 (5) ensure that the state meets federal requirements
28-11 relating to receipt of federal money for health and human services,
28-12 including requirements relating to state matching money and
28-13 maintenance of effort;
28-14 (6) transfer appropriated amounts as described by
28-15 Section 531.0271; and
28-16 (7) ensure that each governmental entity identified
28-17 under Section 531.022(e) has access to complete and timely
28-18 information about all sources of federal money for health and human
28-19 services programs and that technical assistance is available to
28-20 governmental entities seeking grants of federal money to provide
28-21 health and human services.
28-22 (c) The commission shall prepare an annual report with
28-23 respect to the results of the implementation of this section. The
28-24 report must identify strategies to maximize the receipt and use of
28-25 federal funds and to improve federal funds management. The
28-26 commission shall file the report with the governor, the lieutenant
28-27 governor, and the speaker of the house of representatives not later
29-1 than December 15 of each year [request budget execution for the
29-2 transfer of funds from one agency to another;]
29-3 [(2) establish a federal health and human services
29-4 funds management system and maximize the availability of those
29-5 funds; and]
29-6 [(3) review and comment on health and human services
29-7 agency formulas for the distribution of funds to ensure that the
29-8 formulas, to the extent permitted by federal law, consider such
29-9 need factors as client base, population, and economic and
29-10 geographic factors within the regions of the state].
29-11 SECTION 3.05. Section 531.0312, Government Code, is amended
29-12 to read as follows:
29-13 Sec. 531.0312. TEXAS INFORMATION AND REFERRAL NETWORK.
29-14 (a) The Texas Information and Referral Network at the commission
29-15 is the program responsible for the development, coordination, and
29-16 implementation of a statewide information and referral network that
29-17 integrates existing community-based structures with state and local
29-18 agencies. The network must include information relating to
29-19 transportation services provided to clients of state and local
29-20 agencies.
29-21 (b) The commission shall cooperate with the Records
29-22 Management Interagency Coordinating Council and the General
29-23 Services Commission to establish a single method of categorizing
29-24 information about health and human services to be used by the
29-25 Records Management Interagency Coordinating Council and the Texas
29-26 Information and Referral Network. The network, in cooperation with
29-27 the council and the General Services Commission, shall ensure that:
30-1 (1) information relating to health and human services
30-2 is included in each residential telephone directory published by a
30-3 for-profit publisher and distributed to the public at minimal or no
30-4 cost; and
30-5 (2) the single method of categorizing information
30-6 about health and human services is used in a residential telephone
30-7 directory described by Subdivision (1).
30-8 (c) A health and human services agency shall provide the
30-9 Texas Information and Referral Network and the Records Management
30-10 Interagency Coordinating Council with information about the health
30-11 and human services provided by the agency for inclusion in the
30-12 statewide information and referral network, residential telephone
30-13 directories described by Subsection (b), and any other materials
30-14 produced under the direction of the network or the council. The
30-15 agency shall provide the information in the format required by the
30-16 Texas Information and Referral Network or the Records Management
30-17 Interagency Coordinating Council and shall update the information
30-18 at least quarterly or as required by the network or the council.
30-19 SECTION 3.06. Section 531.034, Government Code, is amended
30-20 by amending Subsection (b) and adding Subsection (d) to read as
30-21 follows:
30-22 (b) The commission shall review agency rules:
30-23 (1) for compliance with:
30-24 (A) [(1)] the coordinated strategic plan;
30-25 (B) [(2)] existing statutory authority;
30-26 (C) [(3)] rules of other health and human
30-27 services agencies; and
31-1 (D) [(4)] budgetary implications; and
31-2 (2) to ensure that the rules do not:
31-3 (A) discourage marriage; or
31-4 (B) encourage divorce.
31-5 (d) The commission shall adopt rules to establish criteria
31-6 for determining, as required by Subsection (b), whether an agency
31-7 rule discourages marriage or encourages divorce.
31-8 SECTION 3.07. Section 441.053(j), Government Code, is
31-9 redesignated as Subsection (j) of Section 441.203, Government Code,
31-10 as added by Chapter 873, Acts of the 75th Legislature, Regular
31-11 Session, 1997, and is amended to read as follows:
31-12 (j) The council shall categorize state agency programs and
31-13 telephone numbers by subject matter as well as by agency. The
31-14 council shall cooperate with the Texas Information and Referral
31-15 Network under Section 531.0312 to ensure that the council and the
31-16 network use a single method of defining and organizing information
31-17 about health and human services. State agencies shall cooperate
31-18 with the council by providing the council with the information it
31-19 needs to perform this function.
31-20 SECTION 3.08. Section 9.12, Chapter 655, Acts of the 74th
31-21 Legislature, Regular Session, 1995, as amended by Section 1,
31-22 Chapter 1116, Acts of the 75th Legislature, Regular Session, 1997,
31-23 is redesignated as Subchapter F, Chapter 531, Government Code, and
31-24 amended to read as follows:
31-25 SUBCHAPTER F. TEXAS INTEGRATED ENROLLMENT SERVICES
31-26 Sec. 531.191 [9.12]. INTEGRATED ELIGIBILITY DETERMINATION.
31-27 (a) The commission [In consultation and coordination with the
32-1 Texas Integrated Enrollment Services Legislative Oversight
32-2 Committee established under Section 531.202, Government Code, the
32-3 Health and Human Services Commission], subject to the approval of
32-4 the governor and the Legislative Budget Board, shall develop and
32-5 implement a plan for the integration of services and functions
32-6 relating to eligibility determination and service delivery by
32-7 health and human services agencies, the Texas Workforce Commission,
32-8 and other agencies. The plan must include a reengineering of
32-9 eligibility determination business processes, streamlined service
32-10 delivery, a unified and integrated process for the transition from
32-11 welfare to work, and improved access to benefits and services for
32-12 clients. In developing and implementing the plan, the commission
32-13 [Health and Human Services Commission]:
32-14 (1) shall give priority to the design and development
32-15 of computer hardware and software for and provide technical support
32-16 relating to the integrated eligibility determination system;
32-17 (2) shall consult with agencies whose programs are
32-18 included in the plan, including the Texas Department of Human
32-19 Services, the Texas Department of Health, and the Texas Workforce
32-20 Commission;
32-21 (3) may contract for appropriate professional and
32-22 technical assistance; and
32-23 (4) may use the staff and resources of agencies whose
32-24 programs are included in the plan.
32-25 (b) The integrated eligibility determination and service
32-26 delivery system shall be developed and implemented to achieve
32-27 increased quality of and client access to services and savings in
33-1 the cost of providing administrative and other services and staff
33-2 resulting from streamlining and eliminating duplication of
33-3 services. The commission, subject to any spending limitation
33-4 prescribed in the General Appropriations Act, may use the resulting
33-5 savings to further develop the integrated system and to provide
33-6 other health and human services.
33-7 (c) The commission shall examine cost-effective methods to
33-8 address:
33-9 (1) fraud in the assistance programs; and
33-10 (2) the error rate in eligibility determination.
33-11 (d) On receipt by the state of any necessary federal
33-12 approval and subject to the approval of the governor and the
33-13 Legislative Budget Board, the commission may contract for
33-14 implementation of all or part of the plan required by Subsection
33-15 (a) [of this section] if the commission determines that contracting
33-16 may advance the objectives of Subsections (a) and (b) [of this
33-17 section] and meets the criteria set out in the cost-benefit
33-18 analysis described in this subsection. Before the awarding of a
33-19 contract, the commission shall provide a detailed cost-benefit
33-20 analysis to the governor and[,] the Legislative Budget Board[, and
33-21 the Texas Integrated Enrollment Services Legislative Oversight
33-22 Committee established under Section 531.202, Government Code]. The
33-23 analysis must demonstrate the cost-effectiveness of the plan,
33-24 mechanisms for monitoring performance under the plan, and specific
33-25 improvements to the service delivery system and client access made
33-26 by the plan. The commission shall make the analysis available to
33-27 the public. Within 10 days after the release of a request for bids,
34-1 proposals, offers, or other applicable expressions of interest
34-2 relating to the development or implementation of the plan required
34-3 by Subsection (a) [of this section], the commission shall hold a
34-4 public hearing and receive public comment on the request. [The
34-5 commission may coordinate with a legislative committee to hold the
34-6 hearings.]
34-7 (e) [Not later than October 1, 1996, the commission shall
34-8 develop a plan to consolidate administrative and service delivery
34-9 functions in addition to the integrated eligibility determination
34-10 and service delivery system in order to minimize duplication. The
34-11 commission shall prepare a report of the plan for submission to the
34-12 governor, the lieutenant governor, the speaker of the house of
34-13 representatives, the comptroller, and the 75th Legislature when it
34-14 convenes.]
34-15 [(f)] If requested by the commission [Health and Human
34-16 Services Commission], the agencies whose programs are included in
34-17 the plan required by Subsection (a) [of this section] shall
34-18 cooperate with the commission to provide available staff and
34-19 resources that will be subject to the direction of the commission.
34-20 (f) [(g)] The design, development, and operation of an
34-21 automated data processing system to support the plan required by
34-22 Subsection (a) [of this section] may be financed through the
34-23 issuance of bonds or other obligations under the Texas Public
34-24 Finance Authority Act (Article 601d, Vernon's Texas Civil
34-25 Statutes).
34-26 Sec. 531.192. COORDINATION WITH LEGISLATIVE OVERSIGHT
34-27 COMMITTEE. (a) The commission shall develop and implement the
35-1 plan required by Section 531.191 in consultation and coordination
35-2 with the Texas Integrated Enrollment Services Legislative Oversight
35-3 Committee established by Section 531.202.
35-4 (b) Before awarding a contract under Section 531.191(d), the
35-5 commission shall provide the detailed cost-benefit analysis
35-6 described by that subsection to the legislative oversight
35-7 committee. The commission may coordinate with the legislative
35-8 oversight committee to hold any hearing required under Section
35-9 531.191(d).
35-10 (c) This section expires September 1, 2002.
35-11 SECTION 3.09. Subchapter D, Chapter 531, Government Code, as
35-12 added by Chapter 1116, Acts of the 75th Legislature, Regular
35-13 Session, 1997, is redesignated as Subchapter G, Chapter 531,
35-14 Government Code, and the subchapter heading is amended to read as
35-15 follows:
35-16 SUBCHAPTER G [D]. LEGISLATIVE OVERSIGHT FOR TEXAS INTEGRATED
35-17 ENROLLMENT SERVICES
35-18 SECTION 3.10. Section 531.203(a), Government Code, is
35-19 amended to read as follows:
35-20 (a) The committee shall:
35-21 (1) meet at the call of the presiding officer;
35-22 (2) receive information about rules proposed or
35-23 adopted by the commission;
35-24 (3) review specific recommendations for legislation
35-25 proposed by the commission; and
35-26 (4) hold public hearings concerning the development
35-27 and implementation of the plan required by Subchapter F [Section
36-1 9.12(a), Chapter 655, Acts of the 74th Legislature, Regular
36-2 Session, 1995,] in at least four geographically diverse locations
36-3 in the state.
36-4 SECTION 3.11. Section 2155.144, Government Code, as added by
36-5 Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997,
36-6 is amended to read as follows:
36-7 Sec. 2155.144. PROCUREMENTS BY HEALTH AND HUMAN SERVICES
36-8 AGENCIES. (a) This section applies only to the Health and Human
36-9 Services Commission and to each health and human services agency.
36-10 (b) An agency to which this section applies is delegated the
36-11 authority to procure its goods and services, except as provided by
36-12 this section.
36-13 (c) An agency to which this section applies shall acquire
36-14 goods or services by any procurement method approved by the Health
36-15 and Human Services Commission that provides the best value to the
36-16 agency. The agency shall document that it considered all relevant
36-17 factors under Subsection (d) in making the acquisition.
36-18 (d) Subject to Subsection (e), the agency may consider all
36-19 relevant factors in determining the best value, including:
36-20 (1) any installation costs;
36-21 (2) the delivery terms;
36-22 (3) the quality and reliability of the vendor's goods
36-23 or services;
36-24 (4) the extent to which the goods or services meet the
36-25 agency's needs;
36-26 (5) indicators of probable vendor performance under
36-27 the contract such as past vendor performance, the vendor's
37-1 financial resources and ability to perform, the vendor's experience
37-2 and responsibility, and the vendor's ability to provide reliable
37-3 maintenance agreements;
37-4 (6) the impact on the ability of the agency to comply
37-5 with laws and rules relating to historically underutilized
37-6 businesses or relating to the procurement of goods and services
37-7 from persons with disabilities;
37-8 (7) the total long-term cost to the agency of
37-9 acquiring the vendor's goods or services;
37-10 (8) the cost of any employee training associated with
37-11 the acquisition;
37-12 (9) the effect of an acquisition on agency
37-13 productivity;
37-14 (10) the acquisition price; and
37-15 (11) any other factor relevant to determining the best
37-16 value for the agency in the context of a particular acquisition.
37-17 (e) If an agency to which this section applies acquires
37-18 goods or services with a value that exceeds $100,000, the agency
37-19 shall notify the state auditor and shall consult with and receive
37-20 approval from the Health and Human Services Commission before
37-21 considering factors other than price and meeting specifications.
37-22 (f) The state auditor may audit the agency's acquisitions of
37-23 goods and services before or after a warrant is issued to pay for
37-24 an acquisition.
37-25 (g) The agency may adopt rules and procedures for the
37-26 acquisition of goods and services under this section.
37-27 (h) The Health and Human Services Commission shall adopt
38-1 rules and procedures for the acquisition of goods and services
38-2 under this section that apply to all health and human services
38-3 agencies, including rules adopted with the commission's assistance
38-4 that allow an agency to make purchases through a group purchasing
38-5 program except when a better value is available through another
38-6 procurement method. The rules of the health and human services
38-7 agencies must be consistent with the rules of the Health and Human
38-8 Services Commission.
38-9 (i) Subject to Section 531.0055(c), the Health and Human
38-10 Services Commission shall develop a single statewide risk analysis
38-11 procedure. Each health and human services agency shall comply with
38-12 the procedure. The procedure must provide for:
38-13 (1) assessing the risk of fraud, abuse, or waste in
38-14 health and human services agencies contractor selection processes,
38-15 contract provisions, and payment and reimbursement rates and
38-16 methods for the different types of goods and services for which
38-17 health and human services agencies contract;
38-18 (2) identifying contracts that require enhanced
38-19 contract monitoring; and
38-20 (3) coordinating contract monitoring efforts among
38-21 health and human services agencies.
38-22 (j) Subject to Section 531.0055(c), the Health and Human
38-23 Services Commission shall publish a contract management handbook
38-24 that establishes consistent contracting policies and practices to
38-25 be followed by health and human services agencies. The handbook
38-26 may include standard contract provisions and formats for health and
38-27 human services agencies to incorporate as applicable in their
39-1 contracts.
39-2 (k) Subject to Section 531.0055(c), the Health and Human
39-3 Services Commission, in cooperation with the comptroller, shall
39-4 establish a central contract management database that identifies
39-5 each contract made with a health and human services agency. The
39-6 commission may use the database to monitor health and human
39-7 services agency contracts, and health and human services agencies
39-8 may use the database in contracting. A state agency shall send to
39-9 the commission in the manner prescribed by the commission the
39-10 information the agency possesses that the commission requires for
39-11 inclusion in the database.
39-12 (l) The Health and Human Services Commission shall
39-13 coordinate the procurement practices of all health and human
39-14 services agencies and encourage those agencies to use efficient
39-15 procurement practices such as the use of a group purchasing
39-16 program, combining maintenance contracts into one contract, and
39-17 obtaining prompt payment discounts. In implementing this duty, the
39-18 Health and Human Services Commission may review the procurement and
39-19 rate-setting procedures of each health and human services agency to
39-20 ensure that amounts paid to contractors are consistent and
39-21 represent the best value for the state. The Health and Human
39-22 Services Commission may disapprove a procurement and rate-setting
39-23 procedure of a health and human services agency. A health and
39-24 human services agency may not use a procurement or rate-setting
39-25 procedure that has been disapproved by the commission. The Health
39-26 and Human Services Commission may transfer the procurement
39-27 functions of a health and human services agency to another
40-1 appropriate state agency if it determines that transferring those
40-2 functions would be advantageous to the state. Other state agencies
40-3 and institutions with experience in acquiring goods and services
40-4 using the procedures allowed under Subsections (c) and (d) shall on
40-5 request assist the Health and Human Services Commission to perform
40-6 its functions under this section.
40-7 (m) Subject to Section 531.0055(c), the Health and Human
40-8 Services Commission shall develop and implement a statewide plan to
40-9 ensure that each entity that contracts with a health and human
40-10 services agency and any subcontractor of the entity complies with
40-11 the accessibility requirements of the Americans with Disabilities
40-12 Act of 1990 (42 U.S.C. Section 12101 et seq.).
40-13 (n) [(j)] To the extent of any conflict, this section
40-14 prevails over any other state law relating to the procurement of
40-15 goods and services except a law relating to contracting with
40-16 historically underutilized businesses or relating to the
40-17 procurement of goods and services from persons with disabilities.
40-18 (o) The Health and Human Services Commission shall prepare
40-19 an annual report that assesses the compliance of each health and
40-20 human services agency with the requirements imposed under this
40-21 section and that identifies any material risk to the state or to
40-22 the clients of the health and human services agency that results
40-23 from the agency's procurement and contracting practices. The
40-24 commission may request the assistance of the state auditor in
40-25 preparing the report. The state auditor shall conduct reviews as
40-26 necessary to assess compliance under this subsection as determined
40-27 by the Legislative Audit Committee. The commission shall file the
41-1 report with the governor, the lieutenant governor, and the speaker
41-2 of the house of representatives not later than December 15 of each
41-3 year.
41-4 (p) [(k)] In this section, "health and human services
41-5 agency" has the meaning assigned by Section 531.001.
41-6 SECTION 3.12. Section 2167.004, Government Code, is amended
41-7 to read as follows:
41-8 Sec. 2167.004. LEASING SPACE FOR HEALTH AND HUMAN SERVICES
41-9 AGENCIES. (a) Notwithstanding any other provision of this chapter
41-10 or of Subchapter C, Chapter 2165, the commission may not lease
41-11 office space to serve the needs of any health and human services
41-12 agency unless the Health and Human Services Commission has approved
41-13 the office space for the agency.
41-14 (b) The commission may not enter into an emergency lease to
41-15 serve the needs of a health and human services agency unless the
41-16 emergency lease is entered into under criteria adopted by the
41-17 Health and Human Services Commission in consultation with the
41-18 commission. The criteria must:
41-19 (1) encourage advance planning by the health and human
41-20 services agency to facilitate regional management of health and
41-21 human services agencies by the Health and Human Services Commission
41-22 under Section 531.0246; and
41-23 (2) ensure that the circumstances that require an
41-24 emergency lease are outside of the control of the agency and that
41-25 the agency could not reasonably have been expected to foresee the
41-26 circumstances.
41-27 (c) In this section, "health and human services agency" has
42-1 the meaning assigned by Section 531.001 [means the:]
42-2 [(1) Interagency Council on Early Childhood
42-3 Intervention Services;]
42-4 [(2) Texas Department on Aging;]
42-5 [(3) Texas Commission on Alcohol and Drug Abuse;]
42-6 [(4) Texas Commission for the Blind;]
42-7 [(5) Texas Commission for the Deaf and Hearing
42-8 Impaired;]
42-9 [(6) Texas Department of Health;]
42-10 [(7) Texas Department of Human Services;]
42-11 [(8) Texas Juvenile Probation Commission;]
42-12 [(9) Texas Department of Mental Health and Mental
42-13 Retardation;]
42-14 [(10) Texas Rehabilitation Commission; or]
42-15 [(11) Department of Protective and Regulatory
42-16 Services].
42-17 SECTION 3.13. Not later than January 1, 2000, the Health and
42-18 Human Services Commission shall adopt the rules required by Section
42-19 531.034(d), Government Code, as added by this article.
42-20 SECTION 3.14. (a) Not later than December 15, 2000, the
42-21 Health and Human Services Commission shall submit a report relating
42-22 to the delivery of mental health and substance abuse services in
42-23 this state to the governor, the lieutenant governor, the speaker of
42-24 the house of representatives, and the committees of the house of
42-25 representatives and senate identified under Section 531.171,
42-26 Government Code, as added by this Act. The report must include:
42-27 (1) a comprehensive inventory of all mental health and
43-1 substance abuse services provided by state agencies;
43-2 (2) the populations to which the services are
43-3 provided;
43-4 (3) the amount of state resources expended on the
43-5 services;
43-6 (4) a comprehensive description of interagency
43-7 coordination and collaborative initiatives related to those
43-8 services; and
43-9 (5) an assessment of whether any of those services are
43-10 redundant of other services provided by state agencies.
43-11 (b) A health and human services agency or any other state
43-12 agency that provides mental health or substance abuse services
43-13 shall provide the Health and Human Services Commission any
43-14 information, other than confidential information, requested by the
43-15 commission relating to mental health and substance abuse services
43-16 provided by the agency.
43-17 (c) This section expires December 31, 2000.
43-18 SECTION 3.15. (a) Not later than December 15, 2000, the
43-19 Health and Human Services Commission shall submit a report relating
43-20 to regulatory programs conducted by the Texas Department of Health
43-21 to the governor, the lieutenant governor, the speaker of the house
43-22 of representatives, and the committees of the house of
43-23 representatives and senate identified under Section 531.171,
43-24 Government Code, as added by this Act. In preparing the report, the
43-25 commission must consider whether:
43-26 (1) health-related regulatory programs conducted by
43-27 the Texas Department of Health should be consolidated or
44-1 restructured;
44-2 (2) a new agency, similar to the Texas Department of
44-3 Licensing and Regulation, should be established to administer all
44-4 or some of the health-related regulatory programs;
44-5 (3) a new agency should be established to administer
44-6 regulatory programs related to health-related professions;
44-7 (4) a new agency should be established to regulate
44-8 health-related facilities;
44-9 (5) the duties of the Health Professions Council
44-10 should be expanded to encompass all or some of the health-related
44-11 regulatory programs; or
44-12 (6) health-related regulatory programs administered by
44-13 the Texas Department of Health should continue to be administered
44-14 by the department without consolidation or restructuring.
44-15 (b) This section expires December 31, 2000.
44-16 SECTION 3.16. (a) The Health and Human Services Commission
44-17 shall:
44-18 (1) assess the benefits of consolidating support
44-19 services provided to health and human services agencies in agency
44-20 headquarters and in regional offices; and
44-21 (2) develop a proposed plan and schedule for
44-22 colocating offices and consolidating support services in accordance
44-23 with Section 531.0246, Government Code, as added by this article.
44-24 (b) Not later than September 1, 2000, the Health and Human
44-25 Services Commission shall report the results of the assessment,
44-26 together with the proposed plan and schedule, to the governor, the
44-27 lieutenant governor, the speaker of the house of representatives,
45-1 and the committees of the house of representatives and senate
45-2 identified under Section 531.171, Government Code, as added by this
45-3 Act.
45-4 SECTION 3.17. The Health and Human Services Commission, the
45-5 General Services Commission, and the Records Management Interagency
45-6 Coordinating Council shall ensure that information about health
45-7 and human services presented in the format required by Section
45-8 531.0312, Government Code, as amended by this article, is available
45-9 for publication in residential telephone directories to be
45-10 distributed to the public after December 1, 2000. Not later than
45-11 December 31, 2000, the Health and Human Services Commission, the
45-12 General Services Commission, and the Records Management Interagency
45-13 Coordinating Council shall each report to the governor, the
45-14 lieutenant governor, the speaker of the house of representatives,
45-15 and the committees of the house of representatives and senate
45-16 identified under Section 531.171, Government Code, as added by this
45-17 Act, with respect to the implementation of this section.
45-18 SECTION 3.18. Notwithstanding Section 2155.144(o),
45-19 Government Code, as added by this article, the state auditor shall
45-20 conduct initial reviews as necessary to assess compliance under
45-21 that subsection and complete those reviews not later than September
45-22 1, 2001.
45-23 SECTION 3.19. (a) The Health and Human Services Commission
45-24 shall study the feasibility of a subacute care pilot project. The
45-25 Texas Department of Human Services and the Texas Department of
45-26 Health shall cooperate with and assist the commission in this
45-27 study. In conducting the study, the Health and Human Services
46-1 Commission shall consider:
46-2 (1) estimates of the potential fiscal impact,
46-3 including the potential to save money;
46-4 (2) the impact of subacute care on quality of care;
46-5 (3) reimbursement under the state's reimbursement and
46-6 regulatory policies;
46-7 (4) the capacity of facilities in this state to
46-8 provide subacute care; and
46-9 (5) the impact of subacute care reimbursement on
46-10 Medicaid, including managed care initiatives.
46-11 (b) Not later than September 1, 2000, the commission shall
46-12 submit a report on the feasibility of a subacute care pilot project
46-13 to the governor, the lieutenant governor, the speaker of the house
46-14 of representatives, and the chair of each legislative committee
46-15 with jurisdiction over long-term care.
46-16 (c) This section expires September 1, 2001.
46-17 ARTICLE 4. INVESTIGATIONS OF FRAUD, ABUSE, AND EXPLOITATION
46-18 SECTION 4.01. In this article:
46-19 (1) "Commission" means the Health and Human Services
46-20 Commission.
46-21 (2) "Working group" means the working group convened
46-22 under Section 4.02 of this article.
46-23 SECTION 4.02. Except as provided by Section 4.05 of this
46-24 article, the commission shall identify each health and human
46-25 services agency that may be required to conduct an investigation of
46-26 abuse, neglect, or exploitation of a client of the agency at a
46-27 facility operated by or under contract with the agency and any
47-1 agency covered under Section 261.401, Family Code, or Section
47-2 48.082, Human Resources Code, and shall convene a working group of
47-3 representatives of those agencies and advocates for the affected
47-4 clients.
47-5 SECTION 4.03. Not later than August 1, 2000, the working
47-6 group shall develop:
47-7 (1) proposed definitions of "abuse," "neglect," and
47-8 "exploitation";
47-9 (2) proposed minimum standards for investigatory
47-10 techniques for investigations of abuse, neglect, or exploitation of
47-11 a client; and
47-12 (3) proposed uniform data collection procedures,
47-13 including procedures for collection of information on deaths that
47-14 occur in the affected facilities.
47-15 SECTION 4.04. (a) The commission shall present a report on
47-16 the results of the working group to the governor, the lieutenant
47-17 governor, and the speaker of the house of representatives not later
47-18 than November 1, 2000.
47-19 (b) The report must include any recommendations, based on
47-20 the results of the working group, for changes in law the commission
47-21 considers necessary.
47-22 SECTION 4.05. The working group may not include a
47-23 representative of the Texas Juvenile Probation Commission and may
47-24 not include recommendations relating to facilities operated by or
47-25 under contract with the Texas Juvenile Probation Commission.
47-26 ARTICLE 5. GUARDIANSHIP ADVISORY BOARD
47-27 SECTION 5.01. Sections 531.122(b) and (d), Government Code,
48-1 are amended to read as follows:
48-2 (b) The advisory board is composed of one representative
48-3 from each of the health and human services regions, as defined by
48-4 the commission, three public representatives, and one
48-5 representative of the Department of Protective and Regulatory
48-6 Services. The representatives of the health and human services
48-7 regions are appointed by a majority vote of the judges of the
48-8 statutory probate courts in each region. If a health and human
48-9 services region does not contain a statutory probate court, the
48-10 representative shall be appointed by a majority vote of the judges
48-11 of the statutory probate courts in the state. The public
48-12 representatives are appointed by the commissioner and the
48-13 representative of the Department of Protective and Regulatory
48-14 Services is appointed by the Board of Protective and Regulatory
48-15 Services.
48-16 (d) A member of the advisory board serves at the pleasure of
48-17 a majority of the judges of the statutory probate courts that
48-18 appointed the member, of the commissioner, or of the Board of
48-19 Protective and Regulatory Services, as appropriate.
48-20 SECTION 5.02. Subchapter D, Chapter 531, Government Code, as
48-21 added by Chapter 1033, Acts of the 75th Legislature, Regular
48-22 Session, 1997, is amended by adding Section 531.1235 to read as
48-23 follows:
48-24 Sec. 531.1235. ADVISORY BOARD; ADDITIONAL DUTIES; STATEWIDE
48-25 GUARDIANSHIP SYSTEM. (a) In addition to performing the duties
48-26 described by Section 531.122, the advisory board shall:
48-27 (1) advise the commission and the Department of
49-1 Protective and Regulatory Services with respect to a statewide
49-2 guardianship program and develop a proposal for a statewide
49-3 guardianship program; and
49-4 (2) review and comment on the guardianship policies of
49-5 all health and human services agencies and recommend changes to the
49-6 policies the advisory board considers necessary or advisable.
49-7 (b) The advisory board shall prepare an annual report with
49-8 respect to the recommendations of the advisory board under
49-9 Subsection (a). The advisory board shall file the report with the
49-10 commission, the Department of Protective and Regulatory Services,
49-11 the governor, the lieutenant governor, and the speaker of the house
49-12 of representatives not later than December 15 of each year.
49-13 SECTION 5.03. Section 531.124, Government Code, is amended
49-14 by adding Subsection (c) to read as follows:
49-15 (c) The advisory board shall annually review and comment on
49-16 the minimum standards adopted under Subsection (a)(1) and the plan
49-17 implemented under Subsection (a)(2) and shall include its
49-18 conclusions in the report submitted under Section 531.1235.
49-19 SECTION 5.04. Not later than October 1, 1999, the Board of
49-20 Protective and Regulatory Services shall appoint the additional
49-21 members of the Guardianship Advisory Board, as required by Section
49-22 531.122, Government Code, as amended by this article.
49-23 ARTICLE 6. HEALTH AND HUMAN SERVICES OFFICE
49-24 OF COMMUNITY TRANSPORTATION SERVICES
49-25 SECTION 6.01. Chapter 131, Human Resources Code, is amended
49-26 to read as follows:
49-27 CHAPTER 131. HEALTH AND HUMAN SERVICES OFFICE OF COMMUNITY
50-1 TRANSPORTATION SERVICES [AND PLANNING OFFICE]
50-2 Sec. 131.001. OFFICE. The Health and Human Services
50-3 [Transportation and Planning] Office of Community Transportation
50-4 Services is in the Health and Human Services Commission.
50-5 Sec. 131.002. DEFINITIONS. In this chapter:
50-6 (1) "Commissioner" means the commissioner of health
50-7 and human services.
50-8 (2) "Health and human services agency" has the meaning
50-9 assigned by Section 531.001, Government Code.
50-10 (3) "Office" means the Health and Human Services
50-11 Office of Community Transportation Services.
50-12 Sec. 131.003. POWERS AND DUTIES. (a) The office, with
50-13 assistance from the commissioner, shall:
50-14 (1) collect data on health and human services client
50-15 transportation needs, services, and expenditures;
50-16 (2) create a statewide coordination plan regarding a
50-17 system of transportation for clients of health and human services
50-18 agencies that provides for coordinated, community-based services,
50-19 including the designation of local transportation coordinators;
50-20 (3) establish a standardized system [standards] of
50-21 reporting and accounting to be used by [methods for] all health and
50-22 human services agencies providing [health and human services]
50-23 client transportation, and ensure that information reported under
50-24 that system is available through the Texas Information and Referral
50-25 Network;
50-26 (4) maximize federal funds for client transportation
50-27 through the use of available state funds for matching purposes and
51-1 the possible use of oil overcharge money and planning funds
51-2 available through the federal department of transportation;
51-3 (5) evaluate the effectiveness of pooling client
51-4 transportation resources for capital acquisition and the joint
51-5 purchase of liability insurance;
51-6 (6) assist state agencies in coordinating
51-7 transportation resources;
51-8 (7) ensure coordination between the office and the
51-9 Texas Department of Transportation with regard to the use of funds
51-10 received by the department under 49 U.S.C. Section 1612(b)(1);
51-11 (8) examine the feasibility of consolidating all
51-12 funding for health and human services client transportation and
51-13 creating a transportation system through which clients of a state
51-14 or local agency or program could be matched with the most
51-15 cost-effective and appropriate transportation services for their
51-16 needs, including, to the extent practicable, use of private,
51-17 nonprofit entities that provide services at little or no cost
51-18 beyond reimbursement for insurance, fuel, mileage, or other
51-19 expenses that might deter the entities from otherwise providing
51-20 services;
51-21 (9) evaluate the use of existing computer software for
51-22 use at the local level in client transportation services; and
51-23 (10) review the feasibility of taking medical care to
51-24 those in need, including the use of mobile clinics, and review the
51-25 possibility of using federal highway funds for those transportation
51-26 needs.
51-27 (b) The office [Health and Human Services Transportation and
52-1 Planning Office] shall coordinate with the Health and Human
52-2 Services Commission and health and human services agencies in
52-3 implementing the goals listed in Section 531.022(c), Government
52-4 Code [10(b), Article 4413(502), Revised Statutes]. The office
52-5 shall report its findings and proposals to the governor, the
52-6 Legislative Budget Board, the secretary of state, and the
52-7 commissioner [of health and human services] not later than
52-8 September 1 of each even-numbered year.
52-9 Sec. 131.004 [131.003]. OFFICE STAFF. The commissioner [of
52-10 health and human services] shall employ staff needed to carry out
52-11 the duties of the office.
52-12 Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Each health
52-13 and human services agency that provides, purchases, or otherwise
52-14 funds transportation services for clients shall:
52-15 (1) comply with the standardized system of reporting
52-16 and accounting established by the office under Section
52-17 131.003(a)(3);
52-18 (2) make any changes to agency data collection systems
52-19 that are necessary to enable the agency to comply with the
52-20 standardized system; and
52-21 (3) not later than August 31 of each year, submit to
52-22 the office a report relating to transportation services that
52-23 complies with the standardized system.
52-24 Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION PLAN.
52-25 In order to implement the statewide coordination plan created by
52-26 the office under Section 131.003(a)(2), the office shall:
52-27 (1) review rules, policies, contracts, grants, and
53-1 funding mechanisms relating to transportation services of each
53-2 health and human services agency that provides, purchases, or
53-3 otherwise funds transportation services for clients to determine
53-4 whether the rules, policies, contracts, grants, and funding
53-5 mechanisms are consistent with the plan;
53-6 (2) make recommendations for revisions to rules,
53-7 policies, contracts, grants, and funding mechanisms determined
53-8 under Subdivision (1) to be inconsistent with the plan; and
53-9 (3) not later than September 30 of each even-numbered
53-10 year, submit a report by electronic mail and by hand delivery to
53-11 the governor, the secretary of state, the Legislative Budget
53-12 Board, and the commissioner relating to the results of the review
53-13 conducted by the office under this section.
53-14 Sec. 131.007. ADVISORY COMMITTEE ON COORDINATED
53-15 TRANSPORTATION. The office may create an advisory committee
53-16 consisting of representatives of state agencies, transportation
53-17 agencies, and nonprofit consumer groups.
53-18 Sec. 131.008. MEMORANDUM OF UNDERSTANDING. (a) The Health
53-19 and Human Services Commission and the Texas Department of
53-20 Transportation shall enter into a memorandum of understanding
53-21 relating to functions performed by each agency that relate to the
53-22 duties of the office.
53-23 (b) The agencies shall include provisions in the memorandum
53-24 of understanding necessary to ensure that the agencies do not have
53-25 duplicative authority, responsibilities, or activities in the area
53-26 of transportation services for clients of health and human services
53-27 agencies. Specifically, the memorandum of understanding must
54-1 include the following provisions:
54-2 (1) an acknowledgement that the data collection and
54-3 analysis activities of the office and the Health and Human Services
54-4 Commission are comprehensive in scope, with the goal of developing
54-5 a statewide coordination plan for the provision of transportation
54-6 services for clients of health and human services agencies;
54-7 (2) an acknowledgement that the data collection and
54-8 analysis activities of the Texas Department of Transportation are
54-9 focused on providing more accurate social service contracting
54-10 information to transit providers;
54-11 (3) a requirement that the Texas Department of
54-12 Transportation participate and assist in the collection of
54-13 information about transportation service funding from local social
54-14 service providers and make any database with that information
54-15 available to the Health and Human Services Commission; and
54-16 (4) a requirement that the Health and Human Services
54-17 Commission:
54-18 (A) develop standardized reporting methods for
54-19 health and human services agencies and social service providers to
54-20 use when reporting information about transportation services,
54-21 funding, contracting, and all other information needed to develop a
54-22 statewide coordination plan for transportation services; and
54-23 (B) make the information collected under
54-24 Paragraph (A) available to the Texas Department of Transportation.
54-25 SECTION 6.02. Section 459.003, Transportation Code, is
54-26 amended by amending Subsection (c) and adding Subsection (e) to
54-27 read as follows:
55-1 (c) A social services provider receiving information under
55-2 Subsection (b) shall, not later than January 1 of each year,
55-3 provide to the transportation provider and the department an
55-4 inventory of current contracts and in-house capital resources for
55-5 the provision of client transportation services within each
55-6 transportation provider's service area or an area contiguous to the
55-7 service area that is not served by a transportation provider.
55-8 (e) The department will compile a statewide database to
55-9 document transportation expenses and track the number of instances
55-10 in which social service contract dollars are actually awarded to a
55-11 transit operator as a result of compliance with this section. The
55-12 department shall make the information in the database available to
55-13 the Health and Human Services Commission.
55-14 SECTION 6.03. Not later than January 1, 2001, the Health and
55-15 Human Services Office of Community Transportation Services and the
55-16 commissioner of health and human services shall create the
55-17 statewide coordination plan required by Section 131.003(a)(2),
55-18 Human Resources Code, as amended by this article.
55-19 ARTICLE 7. EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES
55-20 SECTION 7.01. Subchapter B, Chapter 481, Government Code, is
55-21 amended by adding Section 481.025 to read as follows:
55-22 Sec. 481.025. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY
55-23 PROGRAM. The department is the agency of this state responsible
55-24 for administering the Empowerment Zone and Enterprise Community
55-25 grant program in this state. The department shall cooperate with
55-26 appropriate federal and local agencies as necessary to administer
55-27 the grant program.
56-1 SECTION 7.02. Effective September 1, 1999, administration of
56-2 the Empowerment Zone and Enterprise Community grant program in this
56-3 state is transferred from the Health and Human Services Commission
56-4 to the Texas Department of Economic Development. The commissioner
56-5 of health and human services and the governing board of the Texas
56-6 Department of Economic Development shall enter into a memorandum of
56-7 understanding as necessary to implement the transfer required by
56-8 this section.
56-9 ARTICLE 8. HEALTH CARE INFORMATION COUNCIL
56-10 SECTION 8.01. Section 531.001(4), Government Code, is
56-11 amended to read as follows:
56-12 (4) "Health and human services agencies" includes the:
56-13 (A) Interagency Council on Early Childhood
56-14 Intervention [Services];
56-15 (B) Texas Department on Aging;
56-16 (C) Texas Commission on Alcohol and Drug Abuse;
56-17 (D) Texas Commission for the Blind;
56-18 (E) Texas Commission for the Deaf and Hard of
56-19 Hearing;
56-20 (F) Texas Department of Health;
56-21 (G) Texas Department of Human Services;
56-22 (H) Texas Juvenile Probation Commission;
56-23 (I) Texas Department of Mental Health and Mental
56-24 Retardation;
56-25 (J) Texas Rehabilitation Commission; [and]
56-26 (K) Department of Protective and Regulatory
56-27 Services; and
57-1 (L) Texas Health Care Information Council.
57-2 SECTION 8.02. Section 108.002(4), Health and Safety Code, is
57-3 amended to read as follows:
57-4 (4) "Data" means information collected under Section
57-5 108.0065 or 108.009 in the form initially received.
57-6 SECTION 8.03. Chapter 108, Health and Safety Code, is
57-7 amended by adding Section 108.0065 to read as follows:
57-8 Sec. 108.0065. POWERS AND DUTIES OF COUNCIL RELATING TO
57-9 MEDICAID MANAGED CARE. (a) In this section:
57-10 (1) "Commission" means the Health and Human Services
57-11 Commission.
57-12 (2) "Medicaid managed care organization" means a
57-13 managed care organization, as defined by Section 533.001,
57-14 Government Code, that is contracting with the commission to
57-15 implement the Medicaid managed care program under Chapter 533,
57-16 Government Code.
57-17 (b) The commission may direct the council to collect data
57-18 under this chapter with respect to Medicaid managed care
57-19 organizations. The council shall coordinate the collection of the
57-20 data with the collection of data for health benefit plan providers,
57-21 but with the approval of the commission may collect data in
57-22 addition to the data otherwise required of health benefit plan
57-23 providers.
57-24 (c) Each Medicaid managed care organization shall provide
57-25 the data required by the council in the form required by the
57-26 council or, if the data is also being submitted to the commission
57-27 or Medicaid operating agency, in the form required by the
58-1 commission or Medicaid operating agency.
58-2 (d) Dissemination of data collected under this section is
58-3 subject to Sections 108.010, 108.011, 108.012, 108.013, 108.014,
58-4 and 108.0141.
58-5 (e) The commission shall analyze the data collected in
58-6 accordance with this section and shall use the data to:
58-7 (1) evaluate the effectiveness and efficiency of the
58-8 Medicaid managed care system;
58-9 (2) determine the extent to which Medicaid managed
58-10 care does or does not serve the needs of Medicaid recipients in
58-11 this state; and
58-12 (3) assess the cost-effectiveness of the Medicaid
58-13 managed care system in comparison to the fee-for-service system,
58-14 considering any improvement in the quality of care provided.
58-15 (f) Not later than October 1 of each even-numbered year, the
58-16 commission shall report to the governor, the lieutenant governor,
58-17 and the speaker of the house of representatives with respect to:
58-18 (1) the commission's conclusions under Subsection (e)
58-19 and any improvement made in the delivery of services under the
58-20 Medicaid managed care system since the date of the commission's
58-21 last report under this section;
58-22 (2) recommendations for implementation by the state
58-23 agencies operating the Medicaid managed care system for improvement
58-24 to the Medicaid managed care system; and
58-25 (3) any recommendations for legislation.
58-26 (g) The report made under Subsection (f) may be consolidated
58-27 with any report made under Section 108.006(a)(9).
59-1 (h) The commission, using existing funds, may contract with
59-2 an entity to comply with the requirements under Subsections (e) and
59-3 (f).
59-4 ARTICLE 9. MEDICAID
59-5 SECTION 9.01. Subchapter B, Chapter 12, Health and Safety
59-6 Code, is amended by adding Section 12.0123 to read as follows:
59-7 Sec. 12.0123. EXTERNAL AUDITS OF CERTAIN MEDICAID
59-8 CONTRACTORS. (a) In this section, "Medicaid contractor" means an
59-9 entity that:
59-10 (1) is not a health and human services agency as
59-11 defined by Section 531.001, Government Code; and
59-12 (2) under contract with or otherwise on behalf of the
59-13 department, performs one or more administrative services in
59-14 relation to the department's operation of a part of the state
59-15 Medicaid program, such as claims processing, utilization review,
59-16 client enrollment, provider enrollment, quality monitoring, or
59-17 payment of claims.
59-18 (b) The department shall contract with an independent
59-19 auditor to perform annual independent external financial and
59-20 performance audits of any Medicaid contractor used by the
59-21 department in the department's operation of a part of the state
59-22 Medicaid program.
59-23 (c) The department shall ensure that audit procedures
59-24 related to financial audits and performance audits are used
59-25 consistently in audits under this section.
59-26 (d) An audit required by this section must be completed
59-27 before the end of the fiscal year immediately following the fiscal
60-1 year for which the audit is performed.
60-2 SECTION 9.02. Section 533.003, Government Code, is amended
60-3 to read as follows:
60-4 Sec. 533.003. CONSIDERATIONS IN AWARDING CONTRACTS. In
60-5 awarding contracts to managed care organizations, the commission
60-6 shall:
60-7 (1) give preference to organizations that have
60-8 significant participation in the organization's provider network
60-9 from each health care provider in the region who has traditionally
60-10 provided care to Medicaid and charity care patients;
60-11 (2) give extra consideration to organizations that
60-12 agree to assure continuity of care for at least three months beyond
60-13 the period of Medicaid eligibility for recipients; [and]
60-14 (3) consider the need to use different managed care
60-15 plans to meet the needs of different populations; and
60-16 (4) consider the ability of organizations to process
60-17 Medicaid claims electronically.
60-18 SECTION 9.03. Section 533.004, Government Code, is amended
60-19 by amending Subsection (a) and adding Subsection (e) to read as
60-20 follows:
60-21 (a) In providing health care services through Medicaid
60-22 managed care to recipients in a health care service region, the
60-23 commission shall contract with a [at least one] managed care
60-24 organization in that region that is licensed under the Texas Health
60-25 Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
60-26 Code) to provide health care in that region and that is:
60-27 (1) wholly owned and operated by a hospital district
61-1 in that region;
61-2 (2) created by a nonprofit corporation that:
61-3 (A) has a contract, agreement, or other
61-4 arrangement with a hospital district in that region or with a
61-5 municipality in that region that owns a hospital licensed under
61-6 Chapter 241, Health and Safety Code, and has an obligation to
61-7 provide health care to indigent patients; and
61-8 (B) under the contract, agreement, or other
61-9 arrangement, assumes the obligation to provide health care to
61-10 indigent patients and leases, manages, or operates a hospital
61-11 facility owned by the hospital district or municipality; or
61-12 (3) created by a nonprofit corporation that has a
61-13 contract, agreement, or other arrangement with a hospital district
61-14 in that region under which the nonprofit corporation acts as an
61-15 agent of the district and assumes the district's obligation to
61-16 arrange for services under the Medicaid expansion for children as
61-17 authorized by Chapter 444, Acts of the 74th Legislature, Regular
61-18 Session, 1995.
61-19 (e) In providing health care services through Medicaid
61-20 managed care to recipients in a health care service region, with
61-21 the exception of the Harris service area for the STAR Medicaid
61-22 managed care program, as defined by the commission as of September
61-23 1, 1999, the commission shall also contract with a managed care
61-24 organization in that region that holds a certificate of authority
61-25 as a health maintenance organization under Section 5, Texas Health
61-26 Maintenance Organization Act (Article 20A.05, Vernon's Texas
61-27 Insurance Code), and that:
62-1 (1) is certified under Section 5.01(a), Medical
62-2 Practice Act (Article 4495b, Vernon's Texas Civil Statutes);
62-3 (2) is created by The University of Texas Medical
62-4 Branch at Galveston; and
62-5 (3) has obtained a certificate of authority as a
62-6 health maintenance organization to serve one or more counties in
62-7 that region from the Texas Department of Insurance before September
62-8 2, 1999.
62-9 SECTION 9.04. Section 533.005, Government Code, is amended
62-10 to read as follows:
62-11 Sec. 533.005. REQUIRED CONTRACT PROVISIONS. A contract
62-12 between a managed care organization and the commission for the
62-13 organization to provide health care services to recipients must
62-14 contain:
62-15 (1) procedures to ensure accountability to the state
62-16 for the provision of health care services, including procedures for
62-17 financial reporting, quality assurance, utilization review, and
62-18 assurance of contract and subcontract compliance;
62-19 (2) capitation and provider payment rates that ensure
62-20 the cost-effective provision of quality health care;
62-21 (3) a requirement that the managed care organization
62-22 provide ready access to a person who assists recipients in
62-23 resolving issues relating to enrollment, plan administration,
62-24 education and training, access to services, and grievance
62-25 procedures;
62-26 (4) a requirement that the managed care organization
62-27 provide ready access to a person who assists providers in resolving
63-1 issues relating to payment, plan administration, education and
63-2 training, and grievance procedures;
63-3 (5) a requirement that the managed care organization
63-4 provide information and referral about the availability of
63-5 educational, social, and other community services that could
63-6 benefit a recipient;
63-7 (6) procedures for recipient outreach and education;
63-8 (7) a requirement that the managed care organization
63-9 make payment to a physician or provider for health care services
63-10 rendered to a recipient under a managed care plan not later than
63-11 the 45th day after the date a claim for payment is received with
63-12 documentation reasonably necessary for the managed care
63-13 organization to process the claim, or within a period, not to
63-14 exceed 60 days, specified by a written agreement between the
63-15 physician or provider and the managed care organization;
63-16 (8) a requirement that the commission, on the date of
63-17 a recipient's enrollment in a managed care plan issued by the
63-18 managed care organization, inform the organization of the
63-19 recipient's Medicaid certification [recertification] date; and
63-20 (9) a requirement that the managed care organization
63-21 comply with Section 533.006 as a condition of contract retention
63-22 and renewal.
63-23 SECTION 9.05. Section 533.006(a), Government Code, is
63-24 amended to read as follows:
63-25 (a) The commission shall require that each managed care
63-26 organization that contracts with the commission to provide health
63-27 care services to recipients in a region:
64-1 (1) seek participation in the organization's provider
64-2 network from:
64-3 (A) each health care provider in the region who
64-4 has traditionally provided care to Medicaid recipients; [and]
64-5 (B) each hospital in the region that has been
64-6 designated as a disproportionate share hospital under the state
64-7 Medicaid program; and
64-8 (C) each specialized pediatric laboratory in the
64-9 region, including those laboratories located in children's
64-10 hospitals; and
64-11 (2) include in its provider network for not less than
64-12 three years:
64-13 (A) each health care provider in the region who:
64-14 (i) previously provided care to Medicaid
64-15 and charity care recipients at a significant level as prescribed by
64-16 the commission;
64-17 (ii) agrees to accept the prevailing
64-18 provider contract rate of the managed care organization; and
64-19 (iii) has the credentials required by the
64-20 managed care organization, provided that lack of board
64-21 certification or accreditation by the Joint Commission on
64-22 Accreditation of Healthcare Organizations may not be the sole
64-23 ground for exclusion from the provider network;
64-24 (B) each accredited primary care residency
64-25 program in the region; and
64-26 (C) each disproportionate share hospital
64-27 designated by the commission as a statewide significant traditional
65-1 provider.
65-2 SECTION 9.06. Section 533.007(e), Government Code, is
65-3 amended to read as follows:
65-4 (e) The commission shall conduct a compliance and readiness
65-5 review of each managed care organization that contracts with the
65-6 commission not later than the 15th day before the date on which the
65-7 commission plans to begin the enrollment process in a region and
65-8 again not later than the 15th day before the date on which the
65-9 commission plans to begin to provide health care services to
65-10 recipients in that region through managed care. The review must
65-11 include an on-site inspection and tests of service authorization
65-12 and claims payment systems, including the ability of the managed
65-13 care organization to process claims electronically, complaint
65-14 processing systems, and any other process or system required by the
65-15 contract.
65-16 SECTION 9.07. Section 533.0075, Government Code, is amended
65-17 to read as follows:
65-18 Sec. 533.0075. RECIPIENT ENROLLMENT. The commission shall:
65-19 (1) encourage recipients to choose appropriate managed
65-20 care plans and primary health care providers by:
65-21 (A) providing initial information to recipients
65-22 and providers in a region about the need for recipients to choose
65-23 plans and providers not later than the 90th day before the date on
65-24 which the commission plans to begin to provide health care services
65-25 to recipients in that region through managed care;
65-26 (B) providing follow-up information before
65-27 assignment of plans and providers and after assignment, if
66-1 necessary, to recipients who delay in choosing plans and providers;
66-2 and
66-3 (C) allowing plans and providers to provide
66-4 information to recipients or engage in marketing activities under
66-5 marketing guidelines established by the commission under Section
66-6 533.008 after the commission approves the information or
66-7 activities;
66-8 (2) consider the following factors in assigning
66-9 managed care plans and primary health care providers to recipients
66-10 who fail to choose plans and providers:
66-11 (A) the importance of maintaining existing
66-12 provider-patient and physician-patient relationships, including
66-13 relationships with specialists, public health clinics, and
66-14 community health centers;
66-15 (B) to the extent possible, the need to assign
66-16 family members to the same providers and plans; and
66-17 (C) geographic convenience of plans and
66-18 providers for recipients; [and]
66-19 (3) retain responsibility for enrollment and
66-20 disenrollment of recipients in managed care plans, except that the
66-21 commission may delegate the responsibility to an independent
66-22 contractor who receives no form of payment from, and has no
66-23 financial ties to, any managed care organization;
66-24 (4) develop and implement an expedited process for
66-25 determining eligibility for and enrolling pregnant women and
66-26 newborn infants in managed care plans;
66-27 (5) ensure immediate access to prenatal services and
67-1 newborn care for pregnant women and newborn infants enrolled in
67-2 managed care plans, including ensuring that a pregnant woman may
67-3 obtain an appointment with an obstetrical care provider for an
67-4 initial maternity evaluation not later than the 30th day after the
67-5 date the woman applies for Medicaid; and
67-6 (6) temporarily assign Medicaid-eligible newborn
67-7 infants to the traditional fee-for-service component of the state
67-8 Medicaid program for a period not to exceed the earlier of:
67-9 (A) 60 days; or
67-10 (B) the date on which the Texas Department of
67-11 Human Services has completed the newborn's Medicaid eligibility
67-12 determination, including assignment of the newborn's Medicaid
67-13 eligibility number.
67-14 SECTION 9.08. Subchapter A, Chapter 533, Government Code, is
67-15 amended by adding Sections 533.012-533.015 to read as follows:
67-16 Sec. 533.012. MORATORIUM ON IMPLEMENTATION OF CERTAIN PILOT
67-17 PROGRAMS; REVIEW; REPORT. (a) Notwithstanding any other law, the
67-18 commission may not implement Medicaid managed care pilot programs,
67-19 Medicaid behavioral health pilot programs, or Medicaid Star + Plus
67-20 pilot programs in a region for which the commission has not:
67-21 (1) received a bid from a managed care organization to
67-22 provide health care services to recipients in the region through a
67-23 managed care plan; or
67-24 (2) entered into a contract with a managed care
67-25 organization to provide health care services to recipients in the
67-26 region through a managed care plan.
67-27 (b) The commission shall:
68-1 (1) review any outstanding administrative and
68-2 financial issues with respect to Medicaid managed care pilot
68-3 programs, Medicaid behavioral health pilot programs, and Medicaid
68-4 Star + Plus pilot programs implemented in health care service
68-5 regions;
68-6 (2) review the impact of the Medicaid managed care
68-7 delivery system, including managed care organizations, prepaid
68-8 health plans, and primary care case management, on:
68-9 (A) physical access and program-related access
68-10 to appropriate services by recipients, including recipients who
68-11 have special health care needs;
68-12 (B) quality of health care delivery and patient
68-13 outcomes;
68-14 (C) utilization patterns of recipients;
68-15 (D) statewide Medicaid costs;
68-16 (E) coordination of care and care coordination
68-17 in Medicaid Star + Plus pilot programs;
68-18 (F) the level of administrative complexity for
68-19 providers, recipients, and managed care organizations;
68-20 (G) public hospitals, medical schools, and other
68-21 traditional providers of indigent health care; and
68-22 (H) competition in the marketplace and network
68-23 retention; and
68-24 (3) evaluate the feasibility of developing a separate
68-25 reimbursement methodology for public hospitals under a Medicaid
68-26 managed care delivery system.
68-27 (c) In performing its duties and functions under Subsection
69-1 (b), the commission shall seek input from the state Medicaid
69-2 managed care advisory committee created under Subchapter C. The
69-3 commission may coordinate the review required under Subsection (b)
69-4 with any other study or review the commission is required to
69-5 complete.
69-6 (d) Notwithstanding Subsection (a), the commission may
69-7 implement Medicaid managed care pilot programs, Medicaid behavioral
69-8 health pilot programs, and Medicaid Star + Plus pilot programs in a
69-9 region described by that subsection if the commission finds that:
69-10 (1) outstanding administrative and financial issues
69-11 with respect to the implementation of those programs in health care
69-12 service regions have been resolved; and
69-13 (2) implementation of those programs in a region
69-14 described by Subsection (a) would benefit both recipients and
69-15 providers.
69-16 (e) Not later than November 1, 2000, the commission shall
69-17 submit a report to the governor and the legislature that:
69-18 (1) states whether the outstanding administrative and
69-19 financial issues with respect to the pilot programs described by
69-20 Subsection (b)(1) have been sufficiently resolved;
69-21 (2) summarizes the findings of the review conducted
69-22 under Subsection (b);
69-23 (3) recommends which elements of the Medicaid managed
69-24 care delivery system should be applied to the traditional
69-25 fee-for-service component of the state Medicaid program to achieve
69-26 the goals specified in Section 533.002(1); and
69-27 (4) recommends whether Medicaid managed care pilot
70-1 programs, Medicaid behavioral health pilot programs, or Medicaid
70-2 Star + Plus pilot programs should be implemented in health care
70-3 service regions described by Subsection (a).
70-4 (f) To the extent practicable, this section may not be
70-5 construed to affect the duty of the commission to plan the
70-6 continued expansion of Medicaid managed care pilot programs,
70-7 Medicaid behavioral health pilot programs, and Medicaid Star + Plus
70-8 pilot programs in health care service regions described by
70-9 Subsection (a) after July 1, 2001.
70-10 (g) This section expires July 1, 2001.
70-11 Sec. 533.013. PREMIUM PAYMENT RATE DETERMINATION; REVIEW AND
70-12 COMMENT. (a) In determining premium payment rates paid to a
70-13 managed care organization under a managed care plan, the commission
70-14 shall consider:
70-15 (1) the regional variation in costs of health care
70-16 services;
70-17 (2) the range and type of health care services to be
70-18 covered by premium payment rates;
70-19 (3) the number of managed care plans in a region;
70-20 (4) the current and projected number of recipients in
70-21 each region, including the current and projected number for each
70-22 category of recipient;
70-23 (5) the ability of the managed care plan to meet costs
70-24 of operation under the proposed premium payment rates;
70-25 (6) the applicable requirements of the federal
70-26 Balanced Budget Act of 1997 and implementing regulations that
70-27 require adequacy of premium payments to managed care organizations
71-1 participating in the state Medicaid program;
71-2 (7) the adequacy of the management fee paid for
71-3 assisting enrollees of Supplemental Security Income (SSI) (42
71-4 U.S.C. Section 1381 et seq.) who are voluntarily enrolled in the
71-5 managed care plan;
71-6 (8) the impact of reducing premium payment rates for
71-7 the category of recipients who are pregnant; and
71-8 (9) the ability of the managed care plan to pay under
71-9 the proposed premium payment rates inpatient and outpatient
71-10 hospital provider payment rates that are comparable to the
71-11 inpatient and outpatient hospital provider payment rates paid by
71-12 the commission under a primary care case management model or a
71-13 partially capitated model.
71-14 (b) In determining the maximum premium payment rates paid to
71-15 a managed care organization that is licensed under the Texas Health
71-16 Maintenance Organization Act (Chapter 20A, Vernon's Texas Insurance
71-17 Code), the commission shall consider and adjust for the regional
71-18 variation in costs of services under the traditional
71-19 fee-for-service component of the state Medicaid program,
71-20 utilization patterns, and other factors that influence the
71-21 potential for cost savings. For a service area with a service area
71-22 factor of .93 or less, or another appropriate service area factor,
71-23 as determined by the commission, the commission may not discount
71-24 premium payment rates in an amount that is more than the amount
71-25 necessary to meet federal budget neutrality requirements for
71-26 projected fee-for-service costs unless:
71-27 (1) a historical review of managed care financial
72-1 results among managed care organizations in the service area served
72-2 by the organization demonstrates that additional savings are
72-3 warranted;
72-4 (2) a review of Medicaid fee-for-service delivery in
72-5 the service area served by the organization has historically shown
72-6 a significant overutilization by recipients of certain services
72-7 covered by the premium payment rates in comparison to utilization
72-8 patterns throughout the rest of the state; or
72-9 (3) a review of Medicaid fee-for-service delivery in
72-10 the service area served by the organization has historically shown
72-11 an above-market cost for services for which there is substantial
72-12 evidence that Medicaid managed care delivery will reduce the cost
72-13 of those services.
72-14 (c) The premium payment rates paid to a managed care
72-15 organization that is licensed under the Texas Health Maintenance
72-16 Organization Act (Chapter 20A, Vernon's Texas Insurance Code) shall
72-17 be established by a competitive bid process but may not exceed the
72-18 maximum premium payment rates established by the commission under
72-19 Subsection (b).
72-20 (d) Subsection (b) applies only to a managed care
72-21 organization with respect to Medicaid managed care pilot programs,
72-22 Medicaid behavioral health pilot programs, and Medicaid Star + Plus
72-23 pilot programs implemented in a health care service region after
72-24 June 1, 1999.
72-25 Sec. 533.014. PROFIT SHARING. (a) The commission shall
72-26 adopt rules regarding the sharing of profits earned by a managed
72-27 care organization through a managed care plan providing health care
73-1 services under a contract with the commission under this chapter.
73-2 (b) Any amount received by the state under this section
73-3 shall be deposited in the general revenue fund for the purpose of
73-4 funding the state Medicaid program.
73-5 Sec. 533.015. COORDINATION OF EXTERNAL OVERSIGHT ACTIVITIES.
73-6 To the extent possible, the commission shall coordinate all
73-7 external oversight activities to minimize duplication of oversight
73-8 of managed care plans under the state Medicaid program and
73-9 disruption of operations under those plans.
73-10 SECTION 9.09. Chapter 533, Government Code, is amended by
73-11 adding Subchapter C to read as follows:
73-12 SUBCHAPTER C. STATEWIDE ADVISORY COMMITTEE
73-13 Sec. 533.041. APPOINTMENT AND COMPOSITION. (a) The
73-14 commission shall appoint a state Medicaid managed care advisory
73-15 committee. The advisory committee consists of representatives of:
73-16 (1) hospitals;
73-17 (2) managed care organizations;
73-18 (3) primary care providers;
73-19 (4) state agencies;
73-20 (5) consumer advocates representing low-income
73-21 recipients;
73-22 (6) consumer advocates representing recipients with a
73-23 disability;
73-24 (7) parents of children who are recipients;
73-25 (8) rural providers;
73-26 (9) advocates for children with special health care
73-27 needs;
74-1 (10) pediatric health care providers, including
74-2 specialty providers;
74-3 (11) long-term care providers, including nursing home
74-4 providers;
74-5 (12) obstetrical care providers;
74-6 (13) community-based organizations serving low-income
74-7 children and their families; and
74-8 (14) community-based organizations engaged in
74-9 perinatal services and outreach.
74-10 (b) The advisory committee must include a member of each
74-11 regional Medicaid managed care advisory committee appointed by the
74-12 commission under Subchapter B.
74-13 Sec. 533.042. MEETINGS. The advisory committee shall meet
74-14 at least quarterly and is subject to Chapter 551.
74-15 Sec. 533.043. POWERS AND DUTIES. The advisory committee
74-16 shall:
74-17 (1) provide recommendations to the commission on the
74-18 statewide implementation and operation of Medicaid managed care;
74-19 (2) assist the commission with issues relevant to
74-20 Medicaid managed care to improve the policies established for and
74-21 programs operating under Medicaid managed care, including the
74-22 early and periodic screening, diagnosis, and treatment program,
74-23 provider and patient education issues, and patient eligibility
74-24 issues; and
74-25 (3) disseminate or make available to each regional
74-26 advisory committee appointed under Subchapter B information on best
74-27 practices with respect to Medicaid managed care that is obtained
75-1 from a regional advisory committee.
75-2 Sec. 533.044. OTHER LAW. Except as provided by this
75-3 subchapter, the advisory committee is subject to Chapter 2110.
75-4 SECTION 9.10. Section 2.07(c), Chapter 1153, Acts of the
75-5 75th Legislature, Regular Session, 1997, is amended to read as
75-6 follows:
75-7 (c) As soon as possible after development of the new
75-8 provider contract, the commission and each agency operating part of
75-9 the state Medicaid program by rule shall require each provider who
75-10 enrolled in the program before completion of the new contract to
75-11 reenroll in the program under the new contract or modify the
75-12 provider's existing contract in accordance with commission or
75-13 agency procedures as necessary to comply with the requirements of
75-14 the new contract. The commission shall study the feasibility of
75-15 authorizing providers to reenroll in the program online or through
75-16 other electronic means. On completion of the study, if the
75-17 commission determines that an online or other electronic method for
75-18 reenrollment of providers is feasible, the commission shall develop
75-19 and implement the electronic method of reenrollment for providers
75-20 not later than September 1, 2000. A provider must reenroll in the
75-21 state Medicaid program or make the necessary contract modifications
75-22 not later than March 31, 2000 [September 1, 1999], to retain
75-23 eligibility to participate in the program, unless the commission
75-24 implements under this subsection an electronic method of
75-25 reenrollment for providers, in which event a provider must reenroll
75-26 or make the contractual modifications not later than September 1,
75-27 2000. The commission by rule may extend a reenrollment deadline
76-1 prescribed by this subsection if a significant number of providers,
76-2 as determined by the commission, have not met the reenrollment
76-3 requirements by the applicable deadline.
76-4 SECTION 9.11. (a) Not later than January 1, 2000, the
76-5 Health and Human Services Commission shall implement the expedited
76-6 process for determining eligibility for and enrollment of certain
76-7 recipients in Medicaid managed care plans required by Section
76-8 533.0075(4), Government Code, as added by this Act.
76-9 (b) The Health and Human Services Commission shall report
76-10 quarterly to the standing committees of the senate and house of
76-11 representatives with primary jurisdiction over Medicaid managed
76-12 care regarding the status of the expedited process described by
76-13 Subsection (a) of this section. The commission shall submit
76-14 quarterly reports under this subsection until the commission
76-15 determines the process is fully implemented and functioning
76-16 successfully.
76-17 SECTION 9.12. This article takes effect only if a specific
76-18 appropriation for the implementation of this article is provided in
76-19 H.B. No. 1, Acts of the 76th Legislature, Regular Session, 1999
76-20 (General Appropriations Act). If no specific appropriation is
76-21 provided in H.B. No. 1 (General Appropriations Act), this article
76-22 has no effect.
76-23 ARTICLE 10. FINANCIAL ASSISTANCE AND SERVICE PROGRAMS
76-24 SECTION 10.01. Subchapter A, Chapter 31, Human Resources
76-25 Code, is amended by adding Section 31.0127 to read as follows:
76-26 Sec. 31.0127. COORDINATION OF SERVICES TO CERTAIN CLIENTS.
76-27 (a) The Health and Human Services Commission is the state agency
77-1 designated to coordinate between the department and another state
77-2 agency providing child care services, Temporary Assistance for
77-3 Needy Families work programs, and Food Stamp Employment and
77-4 Training services to an individual or family who has been referred
77-5 for programs and services by the department. The purpose of this
77-6 section is to accomplish the following:
77-7 (1) increase the self-sufficiency of recipients of
77-8 Temporary Assistance for Needy Families and improve the delivery of
77-9 services to those recipients; and
77-10 (2) improve the effectiveness of job-training programs
77-11 funded under the Job Training Partnership Act (29 U.S.C. Section
77-12 1501 et seq.) or a successor program in obtaining employment for
77-13 individuals receiving Temporary Assistance for Needy Families cash
77-14 assistance.
77-15 (b) The Health and Human Services Commission shall require a
77-16 state agency providing program services described by Subsection (a)
77-17 to comply with Chapter 531, Government Code, solely for:
77-18 (1) the promulgation of rules relating to the programs
77-19 described by Subsection (a);
77-20 (2) the expenditure of funds relating to the programs
77-21 described by Subsection (a), within the limitations established by
77-22 and subject to the General Appropriations Act and federal and other
77-23 law applicable to the use of the funds;
77-24 (3) data collection and reporting relating to the
77-25 programs described by Subsection (a); and
77-26 (4) evaluation of services relating to the programs
77-27 described by Subsection (a).
78-1 (c) The department and a state agency providing program
78-2 services described by Subsection (a) shall jointly develop and
78-3 adopt a memorandum of understanding, subject to the approval of the
78-4 Health and Human Services Commission. The memorandum of
78-5 understanding must:
78-6 (1) outline measures to be taken to increase the
78-7 number of individuals receiving Temporary Assistance for Needy
78-8 Families cash assistance who are using job-training programs funded
78-9 under the Job Training Partnership Act (29 U.S.C. Section 1501 et
78-10 seq.), or a successor program; and
78-11 (2) identify specific measures to improve the delivery
78-12 of services to clients served by programs described by Subsection
78-13 (a).
78-14 (d) Not later than January 15 of each odd-numbered year, the
78-15 Health and Human Services Commission shall provide a report to the
78-16 governor, the lieutenant governor, and the speaker of the house of
78-17 representatives that:
78-18 (1) evaluates the efficiency and effectiveness of
78-19 client services in the Temporary Assistance for Needy Families
78-20 program;
78-21 (2) evaluates the status of the coordination among
78-22 agencies and compliance with this section;
78-23 (3) recommends measures to increase self-sufficiency
78-24 of recipients of Temporary Assistance for Needy Families cash
78-25 assistance and to improve the delivery of services to these
78-26 recipients; and
78-27 (4) evaluates the effectiveness of job-training
79-1 programs funded under the Job Training Partnership Act (29 U.S.C.
79-2 Section 1501 et seq.) or a successor program in obtaining
79-3 employment outcomes for recipients of Temporary Assistance for
79-4 Needy Families cash assistance.
79-5 (e) Subsection (b) does not authorize the Health and Human
79-6 Services Commission to require a state agency, other than a health
79-7 and human services agency, to comply with Chapter 531, Government
79-8 Code, except as specifically provided by Subsection (b). The
79-9 authority granted under Subsection (b) does not affect Section
79-10 301.041, Labor Code.
79-11 (f) If the change in law made by this section with regard to
79-12 any program or service conflicts with federal law or would have the
79-13 effect of invalidating a waiver granted under federal law, the
79-14 state agency is not required to comply with this section with
79-15 regard to that program or service.
79-16 (g) This section does not authorize the Health and Human
79-17 Services Commission to change the allocation or disbursement of
79-18 funds allocated to the state under the Workforce Investment Act of
79-19 1998 (29 U.S.C. Section 2801 et seq.) in a manner that would result
79-20 in the loss of exemption status.
79-21 (h) This section does not authorize the Health and Human
79-22 Services Commission to transfer programs to or from the department
79-23 and another agency serving clients of the Temporary Assistance for
79-24 Needy Families program or the federal food stamp program
79-25 administered under Chapter 33 without explicit legislative
79-26 authorization.
79-27 (i) The Health and Human Services Commission and any state
80-1 agency providing program services described by Subsection (a) may
80-2 not promulgate rules in accordance with Subsection (b)(1) without
80-3 holding a public hearing.
80-4 SECTION 10.02. Not later than October 1, 1999, the Health
80-5 and Human Services Commission and each state agency subject to
80-6 Section 31.0127, Human Resources Code, as added by this article,
80-7 shall develop and adopt the memorandum of understanding required by
80-8 that section.
80-9 ARTICLE 11. LEGISLATIVE OVERSIGHT
80-10 SECTION 11.01. Chapter 531, Government Code, is amended by
80-11 adding Subchapter E to read as follows:
80-12 SUBCHAPTER E. HEALTH AND HUMAN SERVICES LEGISLATIVE OVERSIGHT
80-13 Sec. 531.171. COMMITTEE DUTIES. (a) The standing or other
80-14 committees of the house of representatives and the senate that have
80-15 jurisdiction over the Health and Human Services Commission and
80-16 other agencies relating to implementation of this chapter, as
80-17 identified by the speaker of the house of representatives and the
80-18 lieutenant governor, shall:
80-19 (1) monitor the commission's implementation of Section
80-20 531.0055 and the commission's other duties in consolidating and
80-21 integrating health and human services to ensure implementation
80-22 consistent with law;
80-23 (2) recommend, as needed, adjustments to the
80-24 implementation of Section 531.0055 and the commission's other
80-25 duties in consolidating and integrating health and human services;
80-26 and
80-27 (3) review the rulemaking process used by the
81-1 commission, including the commission's plan for obtaining public
81-2 input.
81-3 (b) The commission shall provide copies of all required
81-4 reports to the committees and shall provide the committees with
81-5 copies of proposed rules before the rules are published in the
81-6 Texas Register. At the request of a committee or the commissioner,
81-7 a health and human services agency shall provide other information
81-8 to the committee, including information relating to the health and
81-9 human services system, and shall report on agency progress in
81-10 implementing statutory directives identified by the committee and
81-11 the directives of the commission.
81-12 SECTION 11.02. (a) The committees of the house of
81-13 representatives and senate identified under Section 531.171,
81-14 Government Code, as added by this article, shall report to the
81-15 governor, the lieutenant governor, and the speaker of the house of
81-16 representatives not later than December 31, 2000.
81-17 (b) The report must include:
81-18 (1) an evaluation and analysis of the implementation
81-19 of Section 531.0055, Government Code, as added by this Act, and the
81-20 Health and Human Services Commission's other duties in
81-21 consolidating and integrating health and human services, with
81-22 recommendations for action by the commissioner;
81-23 (2) the status of the implementation of Section
81-24 531.0055, Government Code, as added by this Act, and the
81-25 commission's other duties in consolidating and integrating health
81-26 and human services; and
81-27 (3) recommendations for legislative action, including
82-1 legislation to further consolidate health and human services agency
82-2 functions as appropriate.
82-3 ARTICLE 12. APPLICATION OF ACT
82-4 SECTION 12.01. Unless an appropriate federal waiver has been
82-5 granted, if a change in law made by this Act with regard to any
82-6 program or service conflicts with federal law, the Health and Human
82-7 Services Commission may not require an agency to comply with the
82-8 change with regard to that program or service.
82-9 SECTION 12.02. Notwithstanding any provision of this Act,
82-10 the Health and Human Services Commission, in consultation with the
82-11 appropriate policymaking body, shall ensure that:
82-12 (1) all necessary federal waivers and approvals have
82-13 been obtained to implement the provisions of this Act;
82-14 (2) direct client services are not decreased as a
82-15 direct result of the implementation of this Act;
82-16 (3) any colocation of offices between health and human
82-17 services agencies complies with state and federal laws relating to
82-18 building accessibility for the disabled;
82-19 (4) a public comment process on agency operations is
82-20 established for each agency and that at least one meeting of the
82-21 policy board provides an opportunity for public input on agency
82-22 operations;
82-23 (5) allocations of federal funding conform to the
82-24 General Appropriations Act and other applicable law; and
82-25 (6) each agency's priorities, in addition to the
82-26 overall priorities of the Health and Human Services Commission, are
82-27 communicated to the legislature and the governor before and during
83-1 the biennial appropriations process.
83-2 ARTICLE 13. REPEALER; EFFECTIVE DATE; EMERGENCY
83-3 SECTION 13.01. The following laws are repealed:
83-4 (1) Section 441.053(k), Government Code;
83-5 (2) Section 531.0272, Government Code; and
83-6 (3) Section 532.011(c), Health and Safety Code.
83-7 SECTION 13.02. This Act takes effect September 1, 1999.
83-8 SECTION 13.03. The importance of this legislation and the
83-9 crowded condition of the calendars in both houses create an
83-10 emergency and an imperative public necessity that the
83-11 constitutional rule requiring bills to be read on three several
83-12 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2641 was passed by the House on April
20, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2641 on May 21, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2641 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2641 was passed by the Senate, with
amendments, on May 19, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2641 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor