AN ACT 1-1 relating to studies and strategic plans concerning the delivery of 1-2 long-term care, community services, and certain health services. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. DETERMINATION OF HOME HEALTH SERVICES DUAL 1-5 COVERAGE. (a) In this section, "home health services" has the 1-6 meaning assigned by Section 142.001, Health and Safety Code. 1-7 (b) As soon as possible after the effective date of this 1-8 Act, the Health and Human Services Commission, with assistance from 1-9 all appropriate health and human services agencies, as defined by 1-10 Section 531.001, Government Code, shall, to the extent possible, 1-11 obtain all federal and state information necessary to determine: 1-12 (1) the number of persons in this state dually 1-13 eligible for and receiving home health services paid under Medicaid 1-14 and Medicare; and 1-15 (2) the relative percentages of the total amount of 1-16 home health benefits paid on behalf of such persons by Medicaid and 1-17 by Medicare. 1-18 SECTION 2. CONSOLIDATED COMPLAINT INTAKE SYSTEM. (a) The 1-19 Health and Human Services Commission, with assistance from the 1-20 Department of Protective and Regulatory Services, the Texas 1-21 Department of Human Services, the Texas Department of Health, and 1-22 any other appropriate health and human services agency, as defined 1-23 by Section 531.001, Government Code, and with the participation of 1-24 consumers of relevant services, shall develop a strategic plan for 2-1 the creation of a consolidated intake system for complaints made to 2-2 a health and human services agency involving the abuse, neglect, or 2-3 exploitation of a person. 2-4 (b) The strategic plan must: 2-5 (1) identify a single health and human services agency 2-6 as the appropriate entity to receive all complaints; 2-7 (2) address the procedures to be used to track the 2-8 referral, investigation, and resolution of complaints; 2-9 (3) address the use of consistent definitions of 2-10 relevant terms, including "abuse," "neglect," and "exploitation"; 2-11 and 2-12 (4) include other recommendations as necessary to 2-13 implement the plan and simplify the process for making a complaint. 2-14 (c) Not later than December 1, 2000, the Health and Human 2-15 Services Commission shall submit to the governor and the 2-16 legislature a report concerning the strategic plan required by this 2-17 section, including any recommendations for legislative action. 2-18 SECTION 3. STATE REGISTRY OF HEALTH CARE WORKERS. (a) The 2-19 Health and Human Services Commission, with assistance from the 2-20 Department of Protective and Regulatory Services, the Texas 2-21 Department of Human Services, the Texas Department of Health, and 2-22 any other appropriate health and human services agency, as defined 2-23 by Section 531.001, Government Code, and with the participation of 2-24 consumers of relevant services, shall develop a strategic plan for 2-25 the creation and maintenance of a state registry to contain the 2-26 names of health care workers determined to have abused, neglected, 3-1 or exploited a resident of an assisted living facility or an 3-2 individual receiving services through a home and community support 3-3 services agency. 3-4 (b) The strategic plan must include recommendations relating 3-5 to providing: 3-6 (1) due process to a health care worker in connection 3-7 with placement of the worker's name in the registry; and 3-8 (2) public access to the registry. 3-9 (c) Not later than December 1, 2000, the Health and Human 3-10 Services Commission shall submit to the governor and the 3-11 legislature a report concerning the strategic plan required by this 3-12 section, including any recommendations for legislative action. 3-13 SECTION 4. WORK GROUP ON REGULATION OF BRAIN INJURY 3-14 REHABILITATION PROGRAMS. (a) As soon as possible after the 3-15 effective date of this Act, the Texas Rehabilitation Commission 3-16 shall form a work group to: 3-17 (1) study national accreditation standards for 3-18 facilities that provide brain injury rehabilitation services; and 3-19 (2) make recommendations concerning potential state 3-20 certification of those facilities. 3-21 (b) The Texas Rehabilitation Commission shall include in the 3-22 work group representatives of developers and providers of brain 3-23 injury rehabilitation facilities and consumers of brain injury 3-24 rehabilitation services. 3-25 (c) In performing the tasks specified in Subsection (a) of 3-26 this section, the work group shall consult with the Texas Traumatic 4-1 Brain Injury Advisory Board. 4-2 (d) The members of the work group shall elect a presiding 4-3 officer and any other necessary officers for the work group. 4-4 (e) The work group shall meet at the call of the presiding 4-5 officer. 4-6 (f) A member of the work group receives no compensation for 4-7 serving on the work group. 4-8 (g) The work group is not subject to Chapter 2110, 4-9 Government Code. 4-10 (h) Not later than December 1, 2000, the work group shall: 4-11 (1) complete the tasks specified in Subsection (a) of 4-12 this section; and 4-13 (2) submit to the governor and the legislature a 4-14 report describing the work group's findings and recommendations 4-15 relating to certification of facilities that provide brain injury 4-16 rehabilitation services. 4-17 (i) The work group dissolves and this section expires 4-18 September 1, 2001. 4-19 SECTION 5. PERSONAL CARE ATTENDANT TRAINING. (a) The Texas 4-20 Department of Human Services, with assistance from the Texas 4-21 Workforce Commission, the Texas Rehabilitation Commission, the 4-22 Texas Commission for the Blind, the Texas Commission for the Deaf 4-23 and Hard of Hearing, the Texas Higher Education Coordinating Board, 4-24 and providers and consumers of personal attendant services shall 4-25 review training programs for personal care attendants and develop 4-26 recommendations for improvement in those programs. 5-1 (b) Not later than December 1, 2000, the Texas Department of 5-2 Human Services shall submit to the governor and the legislature a 5-3 report concerning the department's findings and recommendations, 5-4 including the probable cost of increased training and wages to the 5-5 Medicaid program. 5-6 SECTION 6. AFFORDABLE HOUSING AND HOME AND COMMUNITY SUPPORT 5-7 SERVICES STUDY. (a) The Texas Department of Housing and Community 5-8 Affairs, with assistance from each appropriate health and human 5-9 services agency, as defined by Section 531.001, Government Code, 5-10 and with the participation of consumers of relevant services, shall 5-11 study opportunities for providing home and community support 5-12 services to residents of affordable housing developments and 5-13 participants in other affordable housing programs. The department 5-14 shall identify available funding sources for services, buildings, 5-15 and architectural upgrades as part of the study. 5-16 (b) Not later than December 1, 2000, the Texas Department of 5-17 Housing and Community Affairs shall submit to the governor and the 5-18 legislature a report concerning the department's findings and 5-19 recommendations. 5-20 SECTION 7. EMERGENCY. The importance of this legislation 5-21 and the crowded condition of the calendars in both houses create an 5-22 emergency and an imperative public necessity that the 5-23 constitutional rule requiring bills to be read on three several 5-24 days in each house be suspended, and this rule is hereby suspended, 5-25 and that this Act take effect and be in force from and after its 5-26 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 95 passed the Senate on March 10, 1999, by the following vote: Yeas 31, Nays 0; and that the Senate concurred in House amendment on May 11, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 95 passed the House, with amendment, on May 7, 1999, by a non-record vote. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor