By: Moncrief, et al. S.B. No. 95
A BILL TO BE ENTITLED
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, and the Texas Higher Education Coordinating
4-24 Board, and with the participation of consumers of relevant
4-25 services, shall review training programs for personal care
4-26 attendants and develop recommendations for improvement in those
5-1 programs.
5-2 (b) Not later than December 1, 2000, the Texas Department of
5-3 Human Services shall submit to the governor and the legislature a
5-4 report concerning the department's findings and recommendations.
5-5 SECTION 6. AFFORDABLE HOUSING AND HOME AND COMMUNITY SUPPORT
5-6 SERVICES STUDY. (a) The Texas Department of Housing and Community
5-7 Affairs, with assistance from each appropriate health and human
5-8 services agency, as defined by Section 531.001, Government Code,
5-9 and with the participation of consumers of relevant services, shall
5-10 study opportunities for providing home and community support
5-11 services to residents of affordable housing developments and
5-12 participants in other affordable housing programs. The department
5-13 shall identify available funding sources for services, buildings,
5-14 and architectural upgrades as part of the study.
5-15 (b) Not later than December 1, 2000, the Texas Department of
5-16 Housing and Community Affairs shall submit to the governor and the
5-17 legislature a report concerning the department's findings and
5-18 recommendations.
5-19 SECTION 7. EMERGENCY. The importance of this legislation
5-20 and the crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended,
5-24 and that this Act take effect and be in force from and after its
5-25 passage, and it is so enacted.
5-26 COMMITTEE AMENDMENT NO. 1
6-1 Amend SB 95, SECTION 5, PERSONAL CARE ATTENDANT TRAINING, (a)
6-2 and (b) to read as follows:
6-3 (a) The Texas Department of Human Services, with assistance
6-4 from the Texas Workforce Commission, the Texas Rehabilitation
6-5 Commission, the Texas Commission for the Blind, the Texas
6-6 Commission for the Deaf and hard of Hearing, [and] the Texas Higher
6-7 Education Coordinating Board, and providers and consumers of
6-8 personal attendant services shall review training programs for
6-9 personal care attendants and develop recommendations for
6-10 improvement in those programs.
6-11 (b) Not later than December 1, 2000, the Texas Department of
6-12 Human Services shall submit to the governor and the legislature a
6-13 report concerning the department's findings and recommendations,
6-14 including the probable cost of increased training and wages to the
6-15 Medicaid program.
6-16 Hilderbran