1-1 By: Moncrief, et al. S.B. No. 95 1-2 (In the Senate - Filed December 14, 1998; January 26, 1999, 1-3 read first time and referred to Committee on Health Services; 1-4 March 1, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; March 1, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 95 By: Moncrief 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to studies and strategic plans concerning the delivery of 1-11 long-term care, community services, and certain health services. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. DETERMINATION OF HOME HEALTH SERVICES DUAL 1-14 COVERAGE. (a) In this section, "home health services" has the 1-15 meaning assigned by Section 142.001, Health and Safety Code. 1-16 (b) As soon as possible after the effective date of this 1-17 Act, the Health and Human Services Commission, with assistance from 1-18 all appropriate health and human services agencies, as defined by 1-19 Section 531.001, Government Code, shall, to the extent possible, 1-20 obtain all federal and state information necessary to determine: 1-21 (1) the number of persons in this state dually 1-22 eligible for and receiving home health services paid under Medicaid 1-23 and Medicare; and 1-24 (2) the relative percentages of the total amount of 1-25 home health benefits paid on behalf of such persons by Medicaid and 1-26 by Medicare. 1-27 SECTION 2. CONSOLIDATED COMPLAINT INTAKE SYSTEM. (a) The 1-28 Health and Human Services Commission, with assistance from the 1-29 Department of Protective and Regulatory Services, the Texas 1-30 Department of Human Services, the Texas Department of Health, and 1-31 any other appropriate health and human services agency, as defined 1-32 by Section 531.001, Government Code, and with the participation of 1-33 consumers of relevant services, shall develop a strategic plan for 1-34 the creation of a consolidated intake system for complaints made to 1-35 a health and human services agency involving the abuse, neglect, or 1-36 exploitation of a person. 1-37 (b) The strategic plan must: 1-38 (1) identify a single health and human services agency 1-39 as the appropriate entity to receive all complaints; 1-40 (2) address the procedures to be used to track the 1-41 referral, investigation, and resolution of complaints; 1-42 (3) address the use of consistent definitions of 1-43 relevant terms, including "abuse," "neglect," and "exploitation"; 1-44 and 1-45 (4) include other recommendations as necessary to 1-46 implement the plan and simplify the process for making a complaint. 1-47 (c) Not later than December 1, 2000, the Health and Human 1-48 Services Commission shall submit to the governor and the 1-49 legislature a report concerning the strategic plan required by this 1-50 section, including any recommendations for legislative action. 1-51 SECTION 3. STATE REGISTRY OF HEALTH CARE WORKERS. (a) The 1-52 Health and Human Services Commission, with assistance from the 1-53 Department of Protective and Regulatory Services, the Texas 1-54 Department of Human Services, the Texas Department of Health, and 1-55 any other appropriate health and human services agency, as defined 1-56 by Section 531.001, Government Code, shall develop a strategic plan 1-57 for the creation and maintenance of a state registry to contain the 1-58 names of health care workers determined to have abused, neglected, 1-59 or exploited a resident of an assisted living facility or an 1-60 individual receiving services through a home and community support 1-61 services agency. 1-62 (b) The strategic plan must include recommendations relating 1-63 to providing: 1-64 (1) due process to a health care worker in connection 2-1 with placement of the worker's name in the registry; and 2-2 (2) public access to the registry. 2-3 (c) Not later than December 1, 2000, the Health and Human 2-4 Services Commission shall submit to the governor and the 2-5 legislature a report concerning the strategic plan required by this 2-6 section, including any recommendations for legislative action. 2-7 SECTION 4. WORK GROUP ON REGULATION OF BRAIN INJURY 2-8 REHABILITATION PROGRAMS. (a) As soon as possible after the 2-9 effective date of this Act, the Texas Rehabilitation Commission 2-10 shall form a work group to: 2-11 (1) study national accreditation standards for 2-12 facilities that provide brain injury rehabilitation services; and 2-13 (2) make recommendations concerning potential state 2-14 certification of those facilities. 2-15 (b) The Texas Rehabilitation Commission shall include in the 2-16 work group representatives of developers and providers of brain 2-17 injury rehabilitation facilities and consumers of brain injury 2-18 rehabilitation services. 2-19 (c) The members of the work group shall elect a presiding 2-20 officer and any other necessary officers for the work group. 2-21 (d) The work group shall meet at the call of the presiding 2-22 officer. 2-23 (e) A member of the work group receives no compensation for 2-24 serving on the work group. 2-25 (f) The work group is not subject to Chapter 2110, 2-26 Government Code. 2-27 (g) Not later than December 1, 2000, the work group shall: 2-28 (1) complete the tasks specified in Subsection (a) of 2-29 this section; and 2-30 (2) submit to the governor and the legislature a 2-31 report describing the work group's findings and recommendations 2-32 relating to certification of facilities that provide brain injury 2-33 rehabilitation services. 2-34 (h) The work group dissolves and this section expires 2-35 September 1, 2001. 2-36 SECTION 5. PERSONAL CARE ATTENDANT TRAINING. (a) The Texas 2-37 Department of Human Services, with assistance from the Texas 2-38 Workforce Commission, the Texas Rehabilitation Commission, the 2-39 Texas Commission for the Blind, the Texas Commission for the Deaf 2-40 and Hard of Hearing, and the Texas Higher Education Coordinating 2-41 Board, shall review training programs for personal care attendants 2-42 and develop recommendations for improvement in those programs. 2-43 (b) Not later than December 1, 2000, the Texas Department of 2-44 Human Services shall submit to the governor and the legislature a 2-45 report concerning the department's findings and recommendations. 2-46 SECTION 6. AFFORDABLE HOUSING AND HOME AND COMMUNITY SUPPORT 2-47 SERVICES STUDY. (a) The Texas Department of Housing and Community 2-48 Affairs, with assistance from each appropriate health and human 2-49 services agency, as defined by Section 531.001, Government Code, 2-50 shall study opportunities for providing home and community support 2-51 services to residents of affordable housing developments and 2-52 participants in other affordable housing programs. The department 2-53 shall identify available funding sources for services, buildings, 2-54 and architectural upgrades as part of the study. 2-55 (b) Not later than December 1, 2000, the Texas Department of 2-56 Housing and Community Affairs shall submit to the governor and the 2-57 legislature a report concerning the department's findings and 2-58 recommendations. 2-59 SECTION 7. EMERGENCY. The importance of this legislation 2-60 and the crowded condition of the calendars in both houses create an 2-61 emergency and an imperative public necessity that the 2-62 constitutional rule requiring bills to be read on three several 2-63 days in each house be suspended, and this rule is hereby suspended, 2-64 and that this Act take effect and be in force from and after its 2-65 passage, and it is so enacted. 2-66 * * * * *