By Moncrief S.B. No. 95 76R3014 KKA-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to studies and strategic plans concerning the delivery of 1-3 long-term care, community services, and certain health services. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DETERMINATION OF HOME HEALTH SERVICES DUAL 1-6 COVERAGE. (a) In this section, "home health services" has the 1-7 meaning assigned by Section 142.001, Health and Safety Code. 1-8 (b) As soon as possible after the effective date of this 1-9 Act, the Health and Human Services Commission, with assistance from 1-10 all appropriate health and human services agencies, as defined by 1-11 Section 531.001, Government Code, shall, to the extent possible, 1-12 obtain all federal and state information necessary to determine: 1-13 (1) the number of persons in this state dually 1-14 eligible for and receiving home health services paid under Medicaid 1-15 and Medicare; and 1-16 (2) the relative percentages of the total amount of 1-17 home health benefits paid on behalf of such persons by Medicaid and 1-18 by Medicare. 1-19 SECTION 2. CONSOLIDATED COMPLAINT INTAKE SYSTEM. (a) The 1-20 Health and Human Services Commission, with assistance from the 1-21 Department of Protective and Regulatory Services, the Texas 1-22 Department of Human Services, the Texas Department of Health, and 1-23 any other appropriate health and human services agency, as defined 1-24 by Section 531.001, Government Code, shall develop a strategic plan 2-1 for the creation of a consolidated intake system for complaints 2-2 made to a health and human services agency involving the abuse, 2-3 neglect, or exploitation of a person. 2-4 (b) The strategic plan must: 2-5 (1) identify a single health and human services agency 2-6 as the appropriate entity to receive all complaints; 2-7 (2) address the procedures to be used to track the 2-8 referral, investigation, and resolution of complaints; 2-9 (3) address the use of consistent definitions of 2-10 relevant terms, including "abuse," "neglect," and "exploitation"; 2-11 and 2-12 (4) include other recommendations as necessary to 2-13 implement the plan and simplify the process for making a complaint. 2-14 (c) Not later than December 1, 2000, the commission shall 2-15 submit to the governor and the legislature a report concerning the 2-16 strategic plan required by this section, including any 2-17 recommendations for legislative action. 2-18 SECTION 3. STATE REGISTRY OF HEALTH CARE WORKERS. (a) The 2-19 Health and Human Services Commission, with assistance from the 2-20 Department of Protective and Regulatory Services, the Texas 2-21 Department of Human Services, the Texas Department of Health, and 2-22 any other appropriate health and human services agency, as defined 2-23 by Section 531.001, Government Code, shall develop a strategic plan 2-24 for the creation and maintenance of a state registry to contain the 2-25 names of health care workers determined to have abused, neglected, 2-26 or exploited a resident of an assisted living facility or a patient 2-27 of a home and community support services agency. 3-1 (b) The strategic plan must include recommendations relating 3-2 to providing: 3-3 (1) due process to a health care worker in connection 3-4 with placement of the worker's name in the registry; and 3-5 (2) public access to the registry. 3-6 (c) Not later than December 1, 2000, the commission shall 3-7 submit to the governor and the legislature a report concerning the 3-8 strategic plan required by this section, including any 3-9 recommendations for legislative action. 3-10 SECTION 4. WORK GROUP ON REGULATION OF BRAIN INJURY 3-11 REHABILITATION PROGRAMS. (a) As soon as possible after the 3-12 effective date of this Act, the Texas Rehabilitation Commission 3-13 shall form a work group to: 3-14 (1) study national accreditation standards for 3-15 facilities that provide brain injury rehabilitation services; and 3-16 (2) make recommendations concerning potential state 3-17 certification of those facilities. 3-18 (b) The commission shall include in the work group 3-19 representatives of developers and providers of brain injury 3-20 rehabilitation facilities and consumers of brain injury 3-21 rehabilitation services. 3-22 (c) The members of the work group shall elect a presiding 3-23 officer and any other necessary officers for the work group. 3-24 (d) The work group shall meet at the call of the presiding 3-25 officer. 3-26 (e) A member of the work group receives no compensation for 3-27 serving on the work group. 4-1 (f) The work group is not subject to Chapter 2110, 4-2 Government Code. 4-3 (g) Not later than December 1, 2000, the work group shall: 4-4 (1) complete the tasks specified in Subsection (a) of 4-5 this section; and 4-6 (2) submit to the governor and the legislature a 4-7 report describing the work group's findings and recommendations 4-8 relating to certification of facilities that provide brain injury 4-9 rehabilitation services. 4-10 (h) The work group dissolves and this section expires 4-11 September 1, 2001. 4-12 SECTION 5. PERSONAL CARE ATTENDANT TRAINING. (a) The Texas 4-13 Department of Human Services, with assistance from the Texas 4-14 Workforce Commission, the Texas Rehabilitation Commission, the 4-15 Texas Commission for the Blind, the Texas Commission for the Deaf 4-16 and Hard of Hearing, and the Texas Higher Education Coordinating 4-17 Board, shall review training programs for personal care attendants 4-18 and develop recommendations for improvement in those programs. 4-19 (b) Not later than December 1, 2000, the department shall 4-20 submit to the governor and the legislature a report concerning the 4-21 department's findings and recommendations. 4-22 SECTION 6. AFFORDABLE HOUSING AND HOME AND COMMUNITY SUPPORT 4-23 SERVICES STUDY. (a) The Texas Department of Housing and Community 4-24 Affairs, with assistance from each appropriate health and human 4-25 services agency, as defined by Section 531.001, Government Code, 4-26 shall study opportunities for linking affordable housing programs 4-27 with home and community support services. The department shall 5-1 identify available funding sources for services, buildings, and 5-2 architectural upgrades as part of the study. 5-3 (b) Not later than December 1, 2000, the department shall 5-4 submit to the governor and the legislature a report concerning the 5-5 department's findings and recommendations. 5-6 SECTION 7. EMERGENCY. The importance of this legislation 5-7 and the crowded condition of the calendars in both houses create an 5-8 emergency and an imperative public necessity that the 5-9 constitutional rule requiring bills to be read on three several 5-10 days in each house be suspended, and this rule is hereby suspended, 5-11 and that this Act take effect and be in force from and after its 5-12 passage, and it is so enacted.