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                                  * * * * *