AN ACT
1-1 relating to the provision of certain long-term care services, to
1-2 the continuation and functions of the Texas Department on Aging,
1-3 and to the eventual consolidation of the Texas Department of Human
1-4 Services and the Texas Department on Aging into a new agency on
1-5 aging and disability services.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. LONG-TERM CARE SERVICES; TEXAS DEPARTMENT ON AGING
1-8 SECTION 1.01. Subchapter B, Chapter 531, Government Code, is
1-9 amended by adding Section 531.02481 to read as follows:
1-10 Sec. 531.02481. COMMUNITY-BASED SUPPORT AND SERVICE DELIVERY
1-11 SYSTEMS FOR LONG-TERM CARE SERVICES. (a) The commission, the
1-12 Texas Department of Human Services, and the Texas Department on
1-13 Aging shall assist communities in this state in developing
1-14 comprehensive, community-based support and service delivery systems
1-15 for long-term care services. At the request of a community, the
1-16 commission shall provide resources and assistance to the community
1-17 to enable the community to:
1-18 (1) identify and overcome institutional barriers to
1-19 developing more comprehensive community support systems, including
1-20 barriers that result from the policies and procedures of state
1-21 health and human services agencies;
1-22 (2) develop a system of blended funds, consistent with
1-23 the requirements of federal law and the General Appropriations Act,
1-24 to allow the community to customize services to fit individual
2-1 community needs; and
2-2 (3) develop a local system of access and assistance to
2-3 aid clients in accessing the full range of long-term care services.
2-4 (b) At the request of the commission, a health and human
2-5 services agency shall provide resources and assistance to a
2-6 community as necessary to perform the commission's duties under
2-7 Subsection (a).
2-8 (c) A health and human services agency that receives or
2-9 develops a proposal for a community initiative shall submit the
2-10 initiative to the commission for review and approval. The
2-11 commission shall review the initiative to ensure that the
2-12 initiative is consistent with other similar programs offered in
2-13 communities and does not duplicate other services provided in the
2-14 community.
2-15 (d) In implementing this section, the commission shall
2-16 consider models used in other service delivery systems.
2-17 (e) The commissioner shall assure the maintenance of no
2-18 fewer than 28 area agencies on aging in order to assure the
2-19 continuation of a local system of access and assistance that is
2-20 sensitive to the aging population.
2-21 (f) A community-based organization or a combination of
2-22 organizations may make a proposal under this section. A
2-23 community-based organization includes:
2-24 (1) an area agency on aging;
2-25 (2) an independent living center;
2-26 (3) a municipality, county, or other local government;
3-1 (4) a nonprofit or for-profit organization; or
3-2 (5) a community mental health and mental retardation
3-3 center.
3-4 SECTION 1.02. Chapter 22, Human Resources Code, is amended
3-5 by adding Section 22.0011 to read as follows:
3-6 Sec. 22.0011. DEFINITION. In this chapter, except in
3-7 Section 22.032, "long-term care services" means the provision of
3-8 personal care and assistance related to health and social services
3-9 given episodically or over a sustained period to assist individuals
3-10 of all ages and their families to achieve the highest level of
3-11 functioning possible, regardless of the setting in which the
3-12 assistance is given.
3-13 SECTION 1.03. Section 22.018, Human Resources Code, is
3-14 amended to read as follows:
3-15 Sec. 22.018. COOPERATION WITH STATE OFFICE OF ADMINISTRATIVE
3-16 HEARINGS [DIVISION]. (a) The department and the chief
3-17 administrative law judge of the State Office of Administrative
3-18 Hearings shall adopt a memorandum of understanding under which the
3-19 State Office of Administrative Hearings, on behalf of the
3-20 department, conducts all contested case hearings authorized or
3-21 required by law to be conducted by the department under the
3-22 administrative procedure law, [shall establish and maintain a
3-23 hearings division that is separate from the legal division to
3-24 administer each hearing held under] Chapter 2001, Government Code.
3-25 (b) The memorandum of understanding shall require the chief
3-26 administrative law judge, the department, and the commissioner to
4-1 cooperate in connection with a contested case hearing and may
4-2 authorize the State Office of Administrative Hearings to perform
4-3 any administrative act, including giving of notice, that is
4-4 required to be performed by the department or commissioner [Neither
4-5 the department nor the department's legal division may directly or
4-6 indirectly influence a decision or the decision-making process of
4-7 the hearings division].
4-8 (c) The memorandum of understanding shall address whether
4-9 the administrative law judge who conducts a contested case hearing
4-10 for the State Office of Administrative Hearings on behalf of the
4-11 department shall:
4-12 (1) enter the final decision in the case after
4-13 completion of the hearing; or
4-14 (2) propose a decision to the department or the
4-15 commissioner for final consideration.
4-16 (d) The department by interagency contract shall reimburse
4-17 the State Office of Administrative Hearings for the costs incurred
4-18 in conducting contested case hearings for the department. The
4-19 department may pay an hourly fee for the costs of conducting those
4-20 hearings or a fixed annual fee negotiated biennially by the
4-21 department and the State Office of Administrative Hearings to
4-22 coincide with the department's legislative appropriations request.
4-23 (e) A reference in law to the hearings division of the
4-24 department is considered to be a reference to the State Office of
4-25 Administrative Hearings when used in relation to a contested case
4-26 hearing under the administrative procedure law, Chapter 2001,
5-1 Government Code.
5-2 SECTION 1.04. Chapter 22, Human Resources Code, is amended
5-3 by adding Sections 22.034 and 22.035 to read as follows:
5-4 Sec. 22.034. WORK GROUP ON LONG-TERM CARE SERVICES. (a) In
5-5 this section, "long-term care services" includes community care
5-6 services and support, and services provided by nursing facilities,
5-7 assisted living facilities, group homes, intermediate care
5-8 facilities for persons with mental retardation, and other
5-9 institutional care facilities.
5-10 (b) A work group is created to assist the department and the
5-11 Texas Department of Mental Health and Mental Retardation in
5-12 studying coordination of planning and services between the two
5-13 agencies in providing long-term care services.
5-14 (c) The work group is composed of the following 20 members:
5-15 (1) two representatives of the department, appointed
5-16 by the commissioner;
5-17 (2) two representatives of the Texas Department of
5-18 Mental Health and Mental Retardation, appointed by the commissioner
5-19 of mental health and mental retardation;
5-20 (3) two representatives of the Texas Department on
5-21 Aging, appointed by the executive director of aging;
5-22 (4) one representative of the Health and Human
5-23 Services Commission, appointed by the commissioner of health and
5-24 human services;
5-25 (5) three consumers of long-term care services,
5-26 jointly appointed by the commissioner and the commissioner of
6-1 mental health and mental retardation;
6-2 (6) two advocates for elderly individuals, appointed
6-3 by the commissioner;
6-4 (7) two advocates for persons with disabilities,
6-5 appointed by the commissioner;
6-6 (8) two advocates for people with mental retardation
6-7 and mental illness, appointed by the commissioner of mental health
6-8 and mental retardation; and
6-9 (9) four long-term care services providers, jointly
6-10 appointed by the commissioner and the commissioner of mental health
6-11 and mental retardation, representative of the broadest array of
6-12 settings listed in Subsection (a).
6-13 (d) A member of the work group serves at the will of the
6-14 appointing agency.
6-15 (e) The members of the work group shall elect a presiding
6-16 officer and any other necessary officers.
6-17 (f) The work group shall meet at the call of the presiding
6-18 officer.
6-19 (g) A member of the work group receives no additional
6-20 compensation for serving on the work group. Persons serving on the
6-21 work group shall be reimbursed for travel and other expenses
6-22 necessary for participation as provided in the General
6-23 Appropriations Act.
6-24 (h) The work group shall study and report on coordination of
6-25 planning and services between the department and the Texas
6-26 Department of Mental Health and Mental Retardation in providing
7-1 long-term care services. As part of its study and report on
7-2 coordination, the work group shall also study and make
7-3 recommendations on the development of consistent and standardized:
7-4 (1) regulation of residential and community long-term
7-5 care services;
7-6 (2) rate-setting processes for long-term care
7-7 providers and services;
7-8 (3) contractor monitoring for long-term care providers
7-9 and services;
7-10 (4) intake, assessment, referral, and coordinated case
7-11 management procedures for long-term care services; and
7-12 (5) administration of the In-Home and Family Support
7-13 Program operated by the department and the Texas Department of
7-14 Mental Health and Mental Retardation.
7-15 (i) The work group shall report annually to the
7-16 commissioner, the commissioner of health and human services, and
7-17 the commissioner of mental health and mental retardation. The
7-18 report must include any recommendations on subjects the work group
7-19 has studied.
7-20 (j) The work group is not subject to Chapter 2110,
7-21 Government Code.
7-22 Sec. 22.035. WORK GROUP ON CHILDREN'S LONG-TERM CARE AND
7-23 HEALTH PROGRAMS. (a) A work group is created to assist the
7-24 commissioner of health and human services, the department, and the
7-25 Texas Department of Health in the creation of a system for families
7-26 and children to administer long-term care and health programs for
8-1 children.
8-2 (b) The commissioner of health and human services shall
8-3 appoint the members of the work group, which must include the
8-4 following:
8-5 (1) a consumer of long-term care and health programs
8-6 for children;
8-7 (2) a relative of a consumer of long-term care and
8-8 health programs for children;
8-9 (3) a representative from an organization that is an
8-10 advocate for consumers of long-term care and health programs for
8-11 children;
8-12 (4) a representative from a state agency that provides
8-13 long-term care and health programs for children;
8-14 (5) a person from a private entity that provides
8-15 long-term care and health programs for children; and
8-16 (6) a person with expertise in the availability of
8-17 funding and the application of funding formulas for children's
8-18 long-term care and health services.
8-19 (c) The department and the Texas Department of Health shall
8-20 equally provide administrative support, including staff, to the
8-21 work group.
8-22 (d) A member of the work group serves at the will of the
8-23 commissioner of health and human services.
8-24 (e) The commissioner of health and human services shall
8-25 appoint a member of the work group to serve as a presiding officer.
8-26 (f) The work group shall meet at the call of the presiding
9-1 officer.
9-2 (g) A member of the work group receives no additional
9-3 compensation for serving on the work group. Persons serving on the
9-4 work group shall be reimbursed for travel and other expenses
9-5 necessary for participation as provided in the General
9-6 Appropriations Act.
9-7 (h) The work group shall study and make recommendations in
9-8 the following areas:
9-9 (1) access of a child or a child's family to services
9-10 with a single case manager;
9-11 (2) the transition needs of children who reach an age
9-12 at which they are no longer eligible for services at the Texas
9-13 Department of Health;
9-14 (3) the blending of funds, including case management
9-15 funding, for children needing long-term care and health services;
9-16 (4) collaboration and coordination of children's
9-17 services between the department, the Texas Department of Health,
9-18 and any other agency determined to be applicable by the work group;
9-19 and
9-20 (5) budgeting and the use of funds appropriated for
9-21 children's long-term care services and children's health services
9-22 from the Comprehensive Settlement Agreement and Release filed in
9-23 the case styled The State of Texas v. The American Tobacco Co., et
9-24 al., No. 5-96CV-91, in the United States District Court, Eastern
9-25 District of Texas.
9-26 (i) Not later than September 1 of each even-numbered year,
10-1 the work group shall report on its findings and recommendations to
10-2 the commissioner of health and human services.
10-3 (j) After evaluating and considering recommendations
10-4 reported under Subsection (i), the Health and Human Services
10-5 Commission shall adopt rules to implement guidelines for providing
10-6 long-term care and health services to children.
10-7 (k) The work group is not subject to Chapter 2110,
10-8 Government Code.
10-9 SECTION 1.05. Chapter 113, Human Resources Code, is
10-10 transferred to Chapter 22, Human Resources Code, is redesignated as
10-11 Section 22.036, Human Resources Code, and is amended to read as
10-12 follows:
10-13 [CHAPTER 113. PROGRAMS FOR DEAF-BLIND MULTIHANDICAPPED
10-14 INDIVIDUALS AND THEIR PARENTS]
10-15 Sec. 22.036 [113.001]. PROGRAMS FOR DEAF-BLIND
10-16 MULTIHANDICAPPED INDIVIDUALS AND THEIR PARENTS. (a) The
10-17 department [commission] shall establish programs to serve
10-18 deaf-blind multihandicapped individuals by helping them attain
10-19 self-sufficiency and independent living.
10-20 (b) The department [commission] shall establish a program of
10-21 parental counseling for the parents of deaf-blind multihandicapped
10-22 individuals. The counseling program may be provided on an
10-23 individual or group basis and must include programs, activities,
10-24 and services necessary to foster greater understanding and to
10-25 improve relationships among professionals, parents, and deaf-blind
10-26 multihandicapped individuals.
11-1 (c) The department [commission] shall establish a summer
11-2 outdoor training program for deaf-blind multihandicapped
11-3 individuals. The outdoor training program must be designed to help
11-4 meet the unique needs of deaf-blind multihandicapped individuals
11-5 for the purpose of broadening their educational experiences and
11-6 improving their ability to function more independently.
11-7 (d) The department [commission] shall establish regulations
11-8 for implementing and administering the programs.
11-9 (e) The department [commission] may contract for services or
11-10 goods with private or public entities for purposes of this section.
11-11 (f) From information collected from the programs, the
11-12 department [commission] shall determine the need for related future
11-13 services and the most efficient and effective method of delivering
11-14 the future services.
11-15 SECTION 1.06. Subsection (t), Section 32.024, Human
11-16 Resources Code, is amended to read as follows:
11-17 (t) The department by rule shall require a physician,
11-18 nursing facility, health care provider, or other responsible party
11-19 to obtain authorization from the department or a person authorized
11-20 to act on behalf of the department before an ambulance is used to
11-21 transport a recipient of medical assistance under this chapter in
11-22 circumstances not involving an emergency. The rules must provide
11-23 that:
11-24 (1) except as provided by Subdivision (3), a request
11-25 for authorization must be evaluated based on the recipient's
11-26 medical needs and may be granted for a length of time appropriate
12-1 to the recipient's medical condition;
12-2 (2) except as provided by Subdivision (3), a response
12-3 to a request for authorization must be made not later than 48 hours
12-4 after receipt of the request; [and]
12-5 (3) a request for authorization must be immediately
12-6 granted and must be effective for a period of 180 days from the
12-7 date of issuance if the request includes a written statement from a
12-8 physician that:
12-9 (A) states that alternative means of
12-10 transporting the recipient are contraindicated; and
12-11 (B) is dated not earlier than the 60th day
12-12 before the date on which the request for authorization is made; and
12-13 (4) a person denied payment for services rendered
12-14 because of failure to obtain prior authorization or because a
12-15 request for prior authorization was denied is entitled to appeal
12-16 the denial of payment to the department.
12-17 SECTION 1.07. Section 101.001, Human Resources Code, is
12-18 amended to read as follows:
12-19 Sec. 101.001. DEPARTMENT AND BOARD ON AGING. (a) The Texas
12-20 Department on Aging is created.
12-21 (b) The Texas Board on Aging is created as the governing
12-22 body of the Texas Department on Aging. The board is composed of
12-23 nine members appointed by the governor with the advice and consent
12-24 of the senate. Appointments to the board shall be made without
12-25 regard to the race, color, handicap, sex, religion, age, or
12-26 national origin of the appointees. To be eligible for appointment
13-1 to the board, a person must have demonstrated an interest in and
13-2 knowledge of the problems of aging and must be a member of the
13-3 general public. The members must include the following:
13-4 (1) an expert in gerontology;
13-5 (2) a medical professional;
13-6 (3) a consumer advocate; and
13-7 (4) three members of the general public.
13-8 (c) A person is not eligible for appointment as a public
13-9 member if the person or the person's spouse:
13-10 (1) is employed by or participates in the management
13-11 of a business entity or other organization regulated by or
13-12 receiving funds from the department;
13-13 (2) owns, controls, or has, directly or indirectly,
13-14 more than a 10 percent interest in a business entity or other
13-15 organization regulated by or receiving funds from the department;
13-16 or
13-17 (3) uses or receives a substantial amount of tangible
13-18 goods, services, or funds from the department.
13-19 (d) [(c)] Members of the board serve for staggered terms of
13-20 six years with the terms of three members expiring on February 1 of
13-21 each odd-numbered year. A member may be reappointed to the board.
13-22 (e) [(d)] Members of the board may receive the compensatory
13-23 per diem authorized by the General Appropriations Act for each day
13-24 spent engaged in the performance of their official duties. Board
13-25 members are entitled to reimbursement for actual travel expenses
13-26 incurred in the performance of their duties.
14-1 (f) [(e) The board shall hold meetings quarterly and may
14-2 hold other meetings called by the chairman.] The board shall
14-3 develop and implement policies that [will] provide the public with
14-4 a reasonable opportunity to appear before the board and to speak on
14-5 any issue under the jurisdiction of the department [board].
14-6 SECTION 1.08. Section 101.0011, Human Resources Code, is
14-7 amended to read as follows:
14-8 Sec. 101.0011. REMOVAL OF BOARD MEMBERS. (a) It is a
14-9 ground for removal from the board that [if] a member:
14-10 (1) does not have at the time of taking office
14-11 [appointment] the qualifications required by [Subsection (b) of]
14-12 Section 101.001(b) [101.001 of this code for appointment to the
14-13 board];
14-14 (2) does not maintain during [the] service on the
14-15 board the qualifications required by [Subsection (b) of] Section
14-16 101.001(b) [101.001 for appointment to the board];
14-17 (3) is ineligible for membership under [violates a
14-18 prohibition established by] Section 101.0031 [of this code];
14-19 (4) cannot, because of illness or disability, [is
14-20 unable to] discharge the member's [his] duties for a substantial
14-21 part [portion] of the member's term [for which he was appointed
14-22 because of illness or disability]; or
14-23 (5) is absent from more than half of the regularly
14-24 scheduled board meetings that the member is eligible to attend
14-25 during a [each] calendar year without an excuse approved[, except
14-26 when the absence is excused] by a majority vote of the board.
15-1 (b) The validity of an action of the board is not affected
15-2 by the fact that it is [was] taken when a ground for removal of a
15-3 board member exists [of the board existed].
15-4 (c) If the executive director has knowledge that a potential
15-5 ground for removal exists, the executive director [he] shall notify
15-6 the presiding officer [chairman] of the board of the potential
15-7 ground. The presiding officer [chairman of the board] shall then
15-8 notify the governor and the attorney general that a potential
15-9 ground for removal exists. If the potential ground for removal
15-10 involves the presiding officer, the executive director shall notify
15-11 the next highest ranking officer of the board, who shall then
15-12 notify the governor and the attorney general that a potential
15-13 ground for removal exists.
15-14 SECTION 1.09. Subchapter A, Chapter 101, Human Resources
15-15 Code, is amended by adding Section 101.0012 to read as follows:
15-16 Sec. 101.0012. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
15-17 person who is appointed to and qualifies for office as a member of
15-18 the board may not vote, deliberate, or be counted as a member in
15-19 attendance at a meeting of the board until the person completes a
15-20 training program that complies with this section.
15-21 (b) The training program must provide the person with
15-22 information regarding:
15-23 (1) the legislation that created the department and
15-24 the board;
15-25 (2) the federal Older Americans Act of 1965 (42 U.S.C.
15-26 Section 3001 et seq.) and its subsequent amendments;
16-1 (3) the programs operated by the department;
16-2 (4) the role and functions of the department;
16-3 (5) the rules of the department, with an emphasis on
16-4 the rules that relate to disciplinary and investigatory authority;
16-5 (6) the current budget for the department;
16-6 (7) the results of the most recent formal audit of the
16-7 department;
16-8 (8) a history of funding sources for long-term care
16-9 services;
16-10 (9) the independent living philosophy;
16-11 (10) the requirements of:
16-12 (A) the open meetings law, Chapter 551,
16-13 Government Code;
16-14 (B) the public information law, Chapter 552,
16-15 Government Code;
16-16 (C) the administrative procedure law, Chapter
16-17 2001, Government Code; and
16-18 (D) other laws relating to public officials,
16-19 including conflict-of-interest laws; and
16-20 (11) any applicable ethics policies adopted by the
16-21 department or the Texas Ethics Commission.
16-22 (c) A person appointed to the board is entitled to
16-23 reimbursement, as provided by the General Appropriations Act, for
16-24 the travel expenses incurred in attending the training program
16-25 regardless of whether the attendance at the program occurs before
16-26 or after the person qualifies for office.
17-1 (d) In this section, "independent living philosophy" means
17-2 control over one's life based on the choice of acceptable options
17-3 that minimize reliance on others in making a decision or in
17-4 performing everyday activities. The term includes:
17-5 (1) managing one's affairs;
17-6 (2) participating in day-to-day life in the community;
17-7 (3) fulfilling a range of social roles; and
17-8 (4) making decisions that lead to self-determination
17-9 and the minimization of physical and psychological dependence upon
17-10 others.
17-11 SECTION 1.10. Section 101.002, Human Resources Code, is
17-12 amended to read as follows:
17-13 Sec. 101.002. SUNSET PROVISION. The Texas Department on
17-14 Aging is subject to Chapter 325, Government Code (Texas Sunset
17-15 Act). Unless continued in existence as provided by that chapter,
17-16 the department is abolished and this chapter expires September 1,
17-17 2004 [1999].
17-18 SECTION 1.11. Section 101.003, Human Resources Code, is
17-19 amended to read as follows:
17-20 Sec. 101.003. PRESIDING OFFICER [CHAIRMAN OF THE BOARD].
17-21 (a) The governor shall designate a presiding officer [chairman] of
17-22 the board from among the members.
17-23 (b) A member holds the position of presiding officer
17-24 [chairman] at the pleasure of the governor.
17-25 SECTION 1.12. Section 101.0031, Human Resources Code, is
17-26 amended to read as follows:
18-1 Sec. 101.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND
18-2 EMPLOYMENT. (a) In this section, "Texas trade association" means
18-3 a cooperative and voluntarily joined association of business or
18-4 professional competitors in this state designed to assist its
18-5 members and its industry or profession in dealing with mutual
18-6 business or professional problems and in promoting their common
18-7 interest.
18-8 (b) A person [An officer, employee, or paid consultant of an
18-9 association that has as its primary interest the provision of
18-10 services to or other matters relating to the aged] may not be a
18-11 member [or employee] of the board and may not be a department
18-12 employee employed in a "bona fide executive, administrative, or
18-13 professional capacity," as that phrase is used for purposes of
18-14 establishing an exemption to the overtime provisions of the federal
18-15 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.)
18-16 and its subsequent amendments, if:
18-17 (1) the person is[, nor may a person who cohabits with
18-18 or is the spouse of] an officer, [managerial] employee, or paid
18-19 consultant of a Texas trade [such an] association in the field of
18-20 aging; or
18-21 (2) the person's spouse is an officer, manager, or
18-22 paid consultant of a Texas trade association in the field of aging
18-23 [be a member of the board or an employee of the board grade 17 or
18-24 over, including exempt employees, according to the position
18-25 classification schedule under the General Appropriations Act].
18-26 (c) [(b)] A person [who is required to register as a
19-1 lobbyist under Chapter 305, Government Code, by virtue of his
19-2 activities on behalf of a provider of services to the aged,] may
19-3 not be [serve as] a member of the board or act as the general
19-4 counsel to the board or the department if the person is required to
19-5 register as a lobbyist under Chapter 305, Government Code, because
19-6 of the person's activities for compensation on behalf of a
19-7 profession related to the operation of the department.
19-8 SECTION 1.13. Subsection (d), Section 101.0061, Human
19-9 Resources Code, is amended to read as follows:
19-10 (d) The executive director or the executive director's
19-11 designee [board] shall provide to [its] members of the board and to
19-12 the agency [department] employees, as often as [is] necessary,
19-13 information regarding the requirements for office or employment
19-14 [their qualifications] under this chapter, including information
19-15 regarding a person's [and their] responsibilities under applicable
19-16 laws relating to standards of conduct for state officers or
19-17 employees.
19-18 SECTION 1.14. Section 101.022, Human Resources Code, is
19-19 amended to read as follows:
19-20 Sec. 101.022. GENERAL FUNCTIONS OF DEPARTMENT. (a) The
19-21 department shall provide expertise and advice to state agencies and
19-22 the legislature and other elected officials on aging issues,
19-23 including recommendations to meet the needs of this state's
19-24 elderly population.
19-25 (b) The department shall develop and strengthen the services
19-26 available for the aged in the state by coordinating services
20-1 provided by governmental and private agencies and facilities.
20-2 (c) [(b)] The department shall extend and expand services
20-3 for the aged by coordinating the interest and efforts of local
20-4 communities in studying the problems of the aged citizens of this
20-5 state.
20-6 (d) [(c)] The department shall encourage, promote, and aid
20-7 in the establishment of area agencies on aging for the development
20-8 of programs and services on a local level that improve the living
20-9 conditions of the aged by enabling them to more fully enjoy and
20-10 participate in family and community life.
20-11 (e) [(d)] The department shall sponsor voluntary community
20-12 rehabilitation and recreational facilities to improve the general
20-13 welfare of the aged.
20-14 (f) [(e)] The department, through the executive director of
20-15 aging, shall cooperate with state and federal agencies and other
20-16 organizations in conducting studies and surveys on the special
20-17 problems of the aged in matters such as mental and physical health,
20-18 housing, family relationships, employment, income, vocational
20-19 rehabilitation, recreation, transportation, insurance, legal
20-20 rights, and education. The department shall make appropriate
20-21 reports and recommendations to the governor and to state and
20-22 federal agencies.
20-23 (g) The department shall conduct research and long-range
20-24 planning regarding long-term care, community care, and other issues
20-25 that affect elderly individuals.
20-26 (h) The department shall make recommendations to the
21-1 governor, the legislature, and state agencies regarding:
21-2 (1) opportunities to coordinate programs for elderly
21-3 individuals;
21-4 (2) unnecessary duplication in providing services to
21-5 elderly individuals; and
21-6 (3) gaps in services to elderly individuals.
21-7 (i) The department shall cooperate with the Texas Department
21-8 of Housing and Community Affairs to provide affordable housing for
21-9 elderly individuals and for families in which an elderly individual
21-10 is head of the household and shall:
21-11 (1) assess the need for housing for elderly
21-12 individuals and for families in which an elderly individual is head
21-13 of the household in different localities;
21-14 (2) set standards relating to the design and
21-15 construction of housing for elderly individuals;
21-16 (3) provide planning assistance to builders; and
21-17 (4) publicize the availability of the housing program
21-18 to potential developers and residents.
21-19 SECTION 1.15. Subsections (a) and (d), Section 101.024,
21-20 Human Resources Code, are amended to read as follows:
21-21 (a) The department shall disburse state funds appropriated
21-22 for the purpose to local public agencies or private, nonprofit
21-23 corporations that operate programs to recruit elderly [retired]
21-24 persons to perform voluntary community services or that operate
21-25 programs under the National Senior Service Corps [Foster
21-26 Grandparent Programs].
22-1 (d) State funds disbursed under this section may not be used
22-2 to pay compensation to volunteer workers, except for participants
22-3 in the Foster Grandparent and Senior Companion Programs, or for
22-4 purposes other than financing the operation or administration of
22-5 the volunteer programs, but it may be used to defray expenses
22-6 incurred by volunteers in the performance of volunteer work. The
22-7 board by rules may further limit the purposes for which the state
22-8 money may be spent.
22-9 SECTION 1.16. Section 101.0255, Human Resources Code, is
22-10 amended to read as follows:
22-11 Sec. 101.0255. SERVICE STANDARDS AND AGREEMENTS. (a) The
22-12 department and the Texas Department of Human Services, with the
22-13 approval of the Health and Human Services Commission, shall work to
22-14 ensure consistency in service standards, reimbursement rates,
22-15 contract terms, and performance standards used by the respective
22-16 agency in the provision of the same or substantially similar
22-17 services under a community program on aging under Subchapter III,
22-18 Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), or
22-19 the Options for Independent Living program and a community care
22-20 program of the Texas Department of Human Services.
22-21 (b) The [Not later than January 1, 1994, the] department and
22-22 the Texas Department of Human Services, in accordance with federal
22-23 law, including the Older Americans Act of 1965 (42 U.S.C. Section
22-24 3001 et seq.), shall enter into an agreement that allows an area
22-25 agency on aging to[:]
22-26 [(1)] jointly contract with a service provider that is
23-1 under contract with the Texas Department of Human Services to
23-2 provide services under a community care program.[; and]
23-3 (c) If cost-effective, the department shall [(2)] use the
23-4 billing system and audit procedures of the Texas Department of
23-5 Human Services to eliminate unnecessary duplication and to secure
23-6 reduced rates through economies of scale. If required by the Texas
23-7 Department of Human Services, the department shall reimburse the
23-8 Texas Department of Human Services through an interagency contract
23-9 for the cost of any use.
23-10 (d) The department and the Texas Department of Human
23-11 Services shall coordinate the monitoring of providers who contract
23-12 with the respective agency to provide the same or a substantially
23-13 similar service.
23-14 SECTION 1.17. Subchapter B, Chapter 101, Human Resources
23-15 Code, is amended by adding Section 101.0256 to read as follows:
23-16 Sec. 101.0256. COORDINATED ACCESS TO LOCAL SERVICES. The
23-17 department and the Texas Department of Human Services shall develop
23-18 standardized assessment procedures to share information on common
23-19 clients served in a similar service region.
23-20 SECTION 1.18. Subchapter B, Chapter 101, Human Resources
23-21 Code, is amended by adding Section 101.033 to read as follows:
23-22 Sec. 101.033. OLDER AMERICANS ACT; STATE PLAN. (a) The
23-23 department and the Texas Department of Human Services shall jointly
23-24 develop this state's plan on aging, as required by the federal
23-25 Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and
23-26 its subsequent amendments.
24-1 (b) The department and the Texas Department of Human
24-2 Services shall jointly conduct a statewide needs assessment for
24-3 long-term care services. The assessment shall include input from:
24-4 (1) area agencies on aging;
24-5 (2) regional and local state agency staff; and
24-6 (3) community-based organizations.
24-7 SECTION 1.19. Subchapter B, Chapter 531, Government Code, is
24-8 amended by adding Section 531.0235 to read as follows:
24-9 Sec. 531.0235. BIENNIAL DISABILITY REPORTS. (a) The
24-10 commissioner shall direct and require the Texas Planning Council
24-11 for Developmental Disabilities and the Office for the Prevention of
24-12 Developmental Disabilities to prepare a joint biennial report on
24-13 the state of services to persons with disabilities in this state.
24-14 The Texas Planning Council for Developmental Disabilities will
24-15 serve as the lead agency in convening working meetings and in
24-16 coordinating and completing the report. Not later than December 1
24-17 of each even-numbered year, the agencies shall submit the report to
24-18 the commissioner, governor, lieutenant governor, and speaker of the
24-19 house of representatives.
24-20 (b) The report will include recommendations addressing the
24-21 following:
24-22 (1) fiscal and program barriers to consumer-friendly
24-23 services;
24-24 (2) progress toward a service delivery system
24-25 individualized to each consumer based on functional needs;
24-26 (3) progress on the development of local
25-1 cross-disability access structures;
25-2 (4) projections of future long-term care services
25-3 needs and availability; and
25-4 (5) consumer satisfaction, consumer preferences, and
25-5 desired outcomes.
25-6 (c) The commission, Texas Department of Human Services, and
25-7 other health and human services agencies shall cooperate with the
25-8 agencies required to prepare the report under Subsection (a).
25-9 SECTION 1.20. Section 242.309, Health and Safety Code, as
25-10 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
25-11 Regular Session, 1997 (effective until federal determination of
25-12 failure to comply with federal regulations), is amended to read as
25-13 follows:
25-14 Sec. 242.309. PROVISIONAL LICENSE. (a) The board shall
25-15 issue [On application, the department shall grant] a provisional
25-16 license to an applicant currently licensed in another jurisdiction
25-17 who seeks a license in this state and who [under this subchapter.
25-18 An applicant for a provisional license under this section must]:
25-19 (1) has been [be] licensed in good standing as a
25-20 nursing facility administrator for at least two years in another
25-21 jurisdiction, including a foreign country, [in another state, the
25-22 District of Columbia, or a territory of the United States] that has
25-23 licensing requirements that are substantially equivalent to the
25-24 requirements of this subchapter;
25-25 (2) has [have] passed a national or other examination
25-26 recognized by the board relating to the practice of nursing
26-1 facility administration; and
26-2 (3) is [be] sponsored by a person licensed by the
26-3 board under this subchapter with whom the provisional license
26-4 holder will [may] practice during the time the person holds a
26-5 provisional license [under this section].
26-6 (b) The board may waive [An applicant for a provisional
26-7 license may be excused from] the requirement of Subsection (a)(3)
26-8 for an applicant if the board [department] determines that
26-9 compliance with that subsection would be [constitutes] a hardship
26-10 to the applicant.
26-11 (c) A provisional license is valid until the date the board
26-12 [department] approves or denies the provisional license holder's
26-13 application for a license. The board [department] shall issue a
26-14 license under this subchapter to the provisional license holder [of
26-15 a provisional license under this section] if:
26-16 (1) the provisional license holder is eligible to be
26-17 licensed under [passes the examination required by] Section 242.306
26-18 [242.306(c)]; or
26-19 (2) the provisional license holder passes the part of
26-20 the examination under Section 242.307 that relates to the
26-21 applicant's knowledge and understanding of the laws and rules
26-22 relating to the practice of nursing facility administration in this
26-23 state and:
26-24 (A) the board [department] verifies that the
26-25 provisional license holder meets [has] the academic and experience
26-26 requirements for a license under this subchapter; and
27-1 (B) [(3)] the provisional license holder
27-2 satisfies all other license requirements under this subchapter.
27-3 (d) The board must approve or deny [department shall
27-4 complete the processing of] a provisional license holder's
27-5 application for a license not later than the 180th day after the
27-6 date the provisional license is issued. The board [department] may
27-7 extend the 180-day period if the results of an examination have not
27-8 been received by the board before the end of that period [this time
27-9 in order to receive the results of a national examination or other
27-10 examination administered or graded by an outside organization
27-11 recognized by the department].
27-12 (e) The board may establish a fee for provisional licenses
27-13 in an amount reasonable and necessary to cover the cost of issuing
27-14 the license.
27-15 SECTION 1.21. Section 242.310, Health and Safety Code, as
27-16 added by Section 1.01, Chapter 1280, Acts of the 75th Legislature,
27-17 Regular Session, 1997 (effective until federal determination of
27-18 failure to comply with federal regulations), is amended to read as
27-19 follows:
27-20 Sec. 242.310. LICENSE RENEWAL. (a) A person who is
27-21 otherwise eligible to renew a license may renew an unexpired
27-22 license by paying [to the department before the expiration of the
27-23 license] the required renewal fee to the department before the
27-24 expiration date of the license. A person whose license has expired
27-25 may not engage in activities that require a license until the
27-26 license has been renewed.
28-1 (b) A person whose [If a person's] license has been expired
28-2 for 90 days or less[, the person] may renew the license by paying
28-3 to the department a [the required] renewal fee [and a fee] that is
28-4 equal to 1-1/2 times the normally required renewal fee [one-half of
28-5 the examination fee for the license].
28-6 (c) A person whose [If a person's] license has been expired
28-7 for more [longer] than 90 days but less than one year[, the person]
28-8 may renew the license by paying to the department a renewal fee
28-9 that is equal to two times the normally required renewal fee [all
28-10 unpaid renewal fees and a fee that is equal to the examination fee
28-11 for the license].
28-12 (d) A person whose [If a person's] license has been expired
28-13 for one year or more [longer, the person] may not renew the
28-14 license. The person may obtain a new license by complying with the
28-15 requirements and procedures, including the examination
28-16 requirements, for obtaining an original license.
28-17 (e) A [However, the department may renew without
28-18 reexamination an expired license of a] person who was licensed in
28-19 this state, moved to another state, and is currently licensed and
28-20 has been in practice in the other state for the two years preceding
28-21 the date of application may obtain a new license without
28-22 reexamination. The [Such] person must pay to the department a fee
28-23 that is equal to two times the normally required renewal [the
28-24 examination] fee for the license.
28-25 (f) Not later than the 31st day [(e) At least 30 days]
28-26 before the date [expiration of] a person's license is scheduled to
29-1 expire, the department shall send written notice of the impending
29-2 [license] expiration to the person at the person's [license
29-3 holder's] last known address according to the records of the
29-4 department.
29-5 SECTION 1.22. Section 242.314, Health and Safety Code, as
29-6 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
29-7 Regular Session, 1997 (effective upon federal determination of
29-8 failure to comply with federal regulations), is amended to read as
29-9 follows:
29-10 Sec. 242.314. PROVISIONAL LICENSE. (a) The [On
29-11 application, the] board shall issue [grant] a provisional license
29-12 to an applicant currently licensed in another jurisdiction who
29-13 seeks a license in this state and who [under this subchapter. An
29-14 applicant for a provisional license under this section must]:
29-15 (1) has been [be] licensed in good standing as a
29-16 nursing facility administrator for at least two years in another
29-17 jurisdiction, including a foreign country, [state, the District of
29-18 Columbia, or a territory of the United States] that has licensing
29-19 requirements that are substantially equivalent to the requirements
29-20 of this subchapter;
29-21 (2) has [have] passed a national or other examination
29-22 recognized by the board relating to the practice of nursing
29-23 facility administration; and
29-24 (3) is [be] sponsored by a person licensed by the
29-25 board under this subchapter with whom the provisional license
29-26 holder will [may] practice during the time the person holds a
30-1 provisional license [under this section].
30-2 (b) The board may waive [An applicant for a provisional
30-3 license may be excused from] the requirement of Subsection (a)(3)
30-4 for an applicant if the board determines that compliance with that
30-5 subsection would be [constitutes] a hardship to the applicant.
30-6 (c) A provisional license is valid until the date the board
30-7 approves or denies the provisional license holder's application for
30-8 a license. The board shall issue a license under this subchapter
30-9 to the provisional license holder [of a provisional license under
30-10 this section] if:
30-11 (1) the provisional license holder is eligible to be
30-12 licensed under [passes the examination required by] Section 242.311
30-13 [242.311(c)]; or
30-14 (2) the provisional license holder passes the part of
30-15 the examination under Section 242.312 that relates to the
30-16 applicant's knowledge and understanding of the laws and rules
30-17 relating to the practice of nursing facility administration in this
30-18 state and:
30-19 (A) the board verifies that the provisional
30-20 license holder meets [has] the academic and experience requirements
30-21 for a license under this subchapter; and
30-22 (B) [(3)] the provisional license holder
30-23 satisfies any other license requirements under this subchapter.
30-24 (d) The board must approve or deny [shall complete the
30-25 processing of] a provisional license holder's application for a
30-26 license not later than the 180th day after the date the provisional
31-1 license is issued. The board may extend the 180-day period if the
31-2 results of an examination have not been received by the board
31-3 before the end of that period [this time in order to receive the
31-4 results of a national examination or other examination administered
31-5 or graded by an outside organization recognized by the board].
31-6 (e) The board may establish a fee for provisional licenses
31-7 in an amount reasonable and necessary to cover the cost of issuing
31-8 the license.
31-9 SECTION 1.23. Section 242.315, Health and Safety Code, as
31-10 added by Section 2.01, Chapter 1280, Acts of the 75th Legislature,
31-11 Regular Session, 1997 (effective upon federal determination of
31-12 failure to comply with federal regulations), is amended to read as
31-13 follows:
31-14 Sec. 242.315. LICENSE RENEWAL. (a) A person who is
31-15 otherwise eligible to renew a license may renew an unexpired
31-16 license by paying [to the board before the expiration of the
31-17 license] the required renewal fee to the board before the
31-18 expiration date of the license. A person whose license has expired
31-19 may not engage in activities that require a license until the
31-20 license has been renewed.
31-21 (b) A person whose [If a person's] license has been expired
31-22 for 90 days or less[, the person] may renew the license by paying
31-23 to the board a [the required] renewal fee that is equal to 1-1/2
31-24 times the normally required fee [and a fee that is one-half of the
31-25 examination fee for the license].
31-26 (c) A person whose [If a person's] license has been expired
32-1 for more [longer] than 90 days but less than one year[, the person]
32-2 may renew the license by paying to the board a [all unpaid] renewal
32-3 [fees and a] fee that is equal to two times the normally required
32-4 renewal fee [the examination fee for the license].
32-5 (d) A person whose [If a person's] license has been expired
32-6 for one year or more [longer, the person] may not renew the
32-7 license. The person may obtain a new license by complying with the
32-8 requirements and procedures, including the examination
32-9 requirements, for obtaining an original license.
32-10 (e) A [However, the board may renew without reexamination an
32-11 expired license of a] person who was licensed in this state, moved
32-12 to another state, and is currently licensed and has been in
32-13 practice in the other state for the two years preceding the date of
32-14 application may obtain a new license without reexamination. The
32-15 person must pay to the board a fee that is equal to two times the
32-16 normally required renewal [the examination] fee for the license.
32-17 (f) Not later than the 31st day [(e) At least 30 days]
32-18 before the date [expiration of] a person's license is scheduled to
32-19 expire, the board shall send written notice of the impending
32-20 [license] expiration to the person at the person's [license
32-21 holder's] last known address according to the records of the board.
32-22 SECTION 1.24. (a) On September 1, 1999, the licensing and
32-23 regulation of home and community support services agencies and home
32-24 health medication aides under Chapter 142, Health and Safety Code,
32-25 and the certification of home and community support services
32-26 agencies on behalf of the United States Department of Health and
33-1 Human Services for purposes of participation in the Medicare
33-2 program are transferred from the Texas Department of Health to the
33-3 Texas Department of Human Services.
33-4 (b) On September 1, 1999, all funds, obligations, and
33-5 contracts of the Texas Department of Health related to a function
33-6 listed in Subsection (a) of this section are transferred to the
33-7 Texas Department of Human Services.
33-8 (c) On September 1, 1999, all property and records in the
33-9 custody of the Texas Department of Health related to a function
33-10 listed in Subsection (a) of this section and all funds appropriated
33-11 by the legislature to the Texas Department of Health for a function
33-12 listed in Subsection (a) of this section are transferred to the
33-13 Texas Department of Human Services.
33-14 (d) On September 1, 1999, all employees of the Texas
33-15 Department of Health who perform duties related to a function
33-16 listed in Subsection (a) of this section become employees of the
33-17 Texas Department of Human Services, to be assigned duties by the
33-18 Commissioner of Human Services.
33-19 (e) A rule or form adopted by the Texas Department of Health
33-20 that relates to a function listed in Subsection (a) of this section
33-21 is a rule or form of the Texas Department of Human Services and
33-22 remains in effect until altered by the department. The secretary
33-23 of state is authorized to adopt rules as necessary to expedite the
33-24 implementation of this subsection.
33-25 (f) The transfer of the functions listed in Subsection (a)
33-26 of this section does not affect or impair any act done, any
34-1 obligation, right, order, license, permit, rule, criterion,
34-2 standard, or requirement existing, any investigation begun, or any
34-3 penalty accrued under former law, and that law remains in effect
34-4 for any action concerning those matters.
34-5 (g) An action brought or proceeding commenced before the
34-6 transfer required by this section is effected, including a
34-7 contested case or a remand of an action or proceeding by a
34-8 reviewing court, is governed by the law and rules applicable to the
34-9 action or proceeding before the date of the transfer.
34-10 (h) After the transfer required by this section is effected,
34-11 a reference in law to the Texas Department of Health or the Texas
34-12 Board of Health that relates to a function listed in Subsection (a)
34-13 of this section means the Texas Department of Human Services and
34-14 the Texas Board of Human Services, respectively.
34-15 SECTION 1.25. (a) On September 1, 1999:
34-16 (1) all functions and activities relating to the
34-17 following programs assigned to or performed by the Texas
34-18 Rehabilitation Commission immediately before that date are
34-19 transferred to the Texas Department of Human Services:
34-20 (A) blind/deaf/multiple disability waiver
34-21 program;
34-22 (B) personal attendant services program; and
34-23 (C) the voucher payment pilot project program
34-24 established under Section 22.032, Human Resources Code, as added by
34-25 Chapter 1094, Acts of the 75th Legislature, Regular Session, 1997,
34-26 and Section 22.033, Human Resources Code;
35-1 (2) all employees of the Texas Rehabilitation
35-2 Commission who primarily perform duties related to a program listed
35-3 in Subdivision (1) of this subsection become employees of the Texas
35-4 Department of Human Services, to be assigned duties by the
35-5 commissioner of that department;
35-6 (3) a rule or form adopted by the Texas Rehabilitation
35-7 Commission that relates to a program listed in Subdivision (1) of
35-8 this subsection is a rule or form of the Texas Department of Human
35-9 Services and remains in effect until altered by the agency;
35-10 (4) a reference in law or an administrative rule to
35-11 the Texas Rehabilitation Commission that relates to a program
35-12 listed in Subdivision (1) of this subsection means the Texas
35-13 Department of Human Services;
35-14 (5) a license, permit, or certification in effect that
35-15 was issued by the Texas Rehabilitation Commission for a program
35-16 listed in Subdivision (1) of this subsection is continued in effect
35-17 as a license, permit, or certification of the Texas Department of
35-18 Human Services; and
35-19 (6) a complaint, investigation, or other proceeding
35-20 pending before the Texas Rehabilitation Commission that is related
35-21 to a program listed in Subdivision (1) of this subsection is
35-22 transferred without change in status to the Texas Department of
35-23 Human Services.
35-24 (b) On October 1, 1999:
35-25 (1) all funds, obligations, and contracts of the Texas
35-26 Rehabilitation Commission related to a program listed in Subsection
36-1 (a) of this section are transferred to the Texas Department of
36-2 Human Services; and
36-3 (2) all property and records in the custody of the
36-4 Texas Rehabilitation Commission related to a program listed in
36-5 Subsection (a) of this section and all funds appropriated by the
36-6 legislature for a program listed in Subsection (a) of this section
36-7 are transferred to the Texas Department of Human Services.
36-8 SECTION 1.26. (a) The change in law made to Section 22.018,
36-9 Human Resources Code, by this article relating to a contested case
36-10 hearing conducted by the State Office of Administrative Hearings on
36-11 behalf of the Texas Department of Human Services applies only to a
36-12 hearing that begins on or after January 1, 2000. Notwithstanding
36-13 any other provision of this article, a hearing that begins before
36-14 that date is governed by the law in effect at the time the hearing
36-15 begins, and that law is continued in effect for that purpose.
36-16 (b) The Commissioner of Human Services and the chief
36-17 administrative law judge of the State Office of Administrative
36-18 Hearings may agree to transfer contested cases pending before the
36-19 Texas Department of Human Services to the State Office of
36-20 Administrative Hearings before January 1, 2000.
36-21 SECTION 1.27. Not later than December 1, 1999, the
36-22 commissioner of health and human services shall appoint the members
36-23 of the work group created by Section 22.035, Human Resources Code,
36-24 as added by this Act.
36-25 SECTION 1.28. (a) On September 1, 2001, all powers, duties,
36-26 functions, and activities relating to the Waiver Program for
37-1 Medically Dependent Children assigned to or performed by the Texas
37-2 Department of Health immediately before that date are transferred
37-3 to the Texas Department of Human Services.
37-4 (b) All employees of the Texas Department of Health who
37-5 primarily perform duties related to the program listed in
37-6 Subsection (a) of this section become employees of the Texas
37-7 Department of Human Services, to be assigned duties by the
37-8 Commissioner of Human Services.
37-9 (c) A rule or form adopted by the Texas Department of Health
37-10 that relates to the program listed in Subsection (a) of this
37-11 section is a rule or form of the Texas Department of Human Services
37-12 and remains in effect until altered by the agency.
37-13 (d) A reference in law or an administrative rule to the
37-14 Texas Department of Health that relates to the program listed in
37-15 Subsection (a) of this section means the Texas Department of Human
37-16 Services.
37-17 (e) A license, permit, or certification in effect that was
37-18 issued by the Texas Department of Health for the program listed in
37-19 Subsection (a) of this section is continued in effect as a license,
37-20 permit, or certification of the Texas Department of Human Services.
37-21 (f) A complaint, investigation, or other proceeding pending
37-22 before the Texas Department of Health that is related to the
37-23 program listed in Subsection (a) of this section is transferred
37-24 without change in status to the Texas Department of Human Services.
37-25 (g) On October 1, 2001:
37-26 (1) all funds, obligations, and contracts of the Texas
38-1 Department of Health related to the program listed in Subsection
38-2 (a) of this section are transferred to the Texas Department of
38-3 Human Services; and
38-4 (2) all property and records in the custody of the
38-5 Texas Department of Health related to the program listed in
38-6 Subsection (a) of this section and all funds appropriated by the
38-7 legislature for the program listed in Subsection (a) of this
38-8 section are transferred to the Texas Department of Human Services.
38-9 SECTION 1.29. (a) Not later than December 1, 1999, the
38-10 executive director of aging and the commissioners of the Texas
38-11 Department of Human Services, the Texas Department of Mental Health
38-12 and Mental Retardation, and the Health and Human Services
38-13 Commission shall appoint the members of the work group created by
38-14 Section 22.034, Human Resources Code, as added by this Act.
38-15 (b) The work group shall report on the study and
38-16 recommendations required by Subsection (h), Section 22.034, Human
38-17 Resources Code, as added by this Act, to the commissioners of the
38-18 Texas Department of Human Services and the Texas Department of
38-19 Mental Health and Mental Retardation not later than September 1,
38-20 2000.
38-21 SECTION 1.30. (a) The Health and Human Services Commission
38-22 shall study the feasibility of a subacute care pilot project. The
38-23 Texas Department of Human Services and the Texas Department of
38-24 Health shall cooperate with and assist the commission in this
38-25 study. In conducting the study, the commission shall consider:
38-26 (1) estimates of the potential fiscal impact,
39-1 including the potential to save money;
39-2 (2) the impact of subacute care on quality of care;
39-3 (3) reimbursement under the state's reimbursement and
39-4 regulatory policies;
39-5 (4) the capacity of facilities in this state to
39-6 provide subacute care; and
39-7 (5) the impact of subacute care reimbursement on
39-8 Medicaid, including managed care initiatives.
39-9 (b) Not later than September 1, 2000, the Health and Human
39-10 Services Commission shall submit a report on the feasibility of a
39-11 subacute care pilot project to the governor, lieutenant governor,
39-12 speaker of the house of representatives, and chair of each
39-13 legislative committee with jurisdiction over long-term care.
39-14 (c) This section expires September 1, 2001.
39-15 SECTION 1.31. Not later than November 1, 2000, the
39-16 commissioner of health and human services shall evaluate and report
39-17 to the lieutenant governor and the speaker of the house of
39-18 representatives on the results of service coordination between the
39-19 Texas Department on Aging and the Texas Department of Human
39-20 Services under Section 101.0255, Human Resources Code, as amended
39-21 by this Act. The report shall include:
39-22 (1) the amount of administrative consolidation;
39-23 (2) savings from administrative consolidation; and
39-24 (3) documented improvements in client services.
39-25 SECTION 1.32. The changes in law made by this Act to Section
39-26 101.001, Human Resources Code, do not affect the entitlement of a
40-1 member of the Texas Board on Aging serving on the board immediately
40-2 before September 1, 1999, to continue to serve on the board for the
40-3 term to which the member was appointed. As the terms of members of
40-4 the board expire or as vacancies occur on the board, the governor
40-5 shall make appointments to the board to achieve, as soon as
40-6 possible, the membership plan prescribed by Section 101.001, Human
40-7 Resources Code, as amended by this Act.
40-8 SECTION 1.33. (a) The Health and Human Services Commission
40-9 shall evaluate the feasibility of establishing an integrated local
40-10 system of access and services for elderly persons and persons with
40-11 disabilities.
40-12 (b) Not later than November 1, 2000, the Health and Human
40-13 Services Commission shall report to the lieutenant governor and the
40-14 speaker of the house of representatives on the results of the
40-15 study. The report shall include the commission's recommendations
40-16 on how best to achieve integration.
40-17 SECTION 1.34. This article takes effect September 1, 1999.
40-18 SECTION 1.35. The changes in law made by this article to
40-19 Section 242.309, Health and Safety Code, as added by Section 1.01,
40-20 Chapter 1280, Acts of the 75th Legislature, Regular Session, 1997,
40-21 Section 242.310, Health and Safety Code, as added by Section 1.01,
40-22 Chapter 1280, Acts of the 75th Legislature, Regular Session, 1997,
40-23 Section 242.314, Health and Safety Code, as added by Section 2.01,
40-24 Chapter 1280, Acts of the 75th Legislature, Regular Session, 1997,
40-25 and Section 242.315, Health and Safety Code, as added by Section
40-26 2.01, Chapter 1280, Acts of the 75th Legislature, Regular Session,
41-1 1997, relating to the qualifications for a license issued by the
41-2 Texas Department of Human Services apply only to an application for
41-3 a license made on or after the effective date of this article. An
41-4 application made for a license issued by the Texas Department of
41-5 Human Services before the effective date of this article is
41-6 governed by the law in effect on the date the application was made,
41-7 and the former law is continued in effect for that purpose.
41-8 ARTICLE 2. LONG-TERM CARE SERVICES; DEPARTMENT
41-9 OF AGING AND DISABILITY SERVICES
41-10 SECTION 2.01. Subdivisions (1), (2), and (3), Section
41-11 11.001, Human Resources Code, are amended to read as follows:
41-12 (1) "Board" means the Texas Board of Aging and
41-13 Disability [Human] Services.
41-14 (2) "Department" means the Texas Department of Aging
41-15 and Disability [Human] Services.
41-16 (3) "Commissioner" means the Commissioner of Aging and
41-17 Disability [Human] Services.
41-18 SECTION 2.02. Section 101.001, Human Resources Code, is
41-19 amended to read as follows:
41-20 Sec. 101.001. DEFINITIONS [DEPARTMENT AND BOARD ON AGING].
41-21 In this chapter:
41-22 (1) "Board" means the Texas Board of Aging and
41-23 Disability Services.
41-24 (2) "Department" means the Texas Department of Aging
41-25 and Disability Services. [(a) The Texas Department on Aging is
41-26 created.]
42-1 [(b) The Texas Board on Aging is created as the governing
42-2 body of the Texas Department on Aging. The board is composed of
42-3 nine members appointed by the governor with the advice and consent
42-4 of the senate. Appointments to the board shall be made without
42-5 regard to the race, color, handicap, sex, religion, age, or
42-6 national origin of the appointees. To be eligible for appointment
42-7 to the board, a person must have demonstrated an interest in and
42-8 knowledge of the problems of aging and must be a member of the
42-9 general public. A person is not eligible for appointment as a
42-10 public member if the person or the person's spouse:]
42-11 [(1) is employed by or participates in the management
42-12 of a business entity or other organization regulated by or
42-13 receiving funds from the department;]
42-14 [(2) owns, controls, or has, directly or indirectly,
42-15 more than a 10 percent interest in a business entity or other
42-16 organization regulated by or receiving funds from the department;
42-17 or]
42-18 [(3) uses or receives a substantial amount of tangible
42-19 goods, services, or funds from the department.]
42-20 [(c) Members of the board serve for staggered terms of six
42-21 years with the terms of three members expiring on February 1 of
42-22 each odd-numbered year. A member may be reappointed to the board.]
42-23 [(d) Members of the board may receive the compensatory per
42-24 diem authorized by the General Appropriations Act for each day
42-25 spent engaged in the performance of their official duties. Board
42-26 members are entitled to reimbursement for actual travel expenses
43-1 incurred in the performance of their duties.]
43-2 [(e) The board shall hold meetings quarterly and may hold
43-3 other meetings called by the chairman. The board shall develop and
43-4 implement policies that will provide the public with a reasonable
43-5 opportunity to appear before the board and to speak on any issue
43-6 under the jurisdiction of the board.]
43-7 SECTION 2.03. Subchapter A, Chapter 101, Human Resources
43-8 Code, is amended by adding Section 101.0015 to read as follows:
43-9 Sec. 101.0015. AGING POLICY COUNCIL. (a) The department
43-10 shall appoint an advisory committee to be known as the Aging Policy
43-11 Council. The council shall advise the department on matters
43-12 related to elderly persons, including policy, research, and
43-13 planning.
43-14 (b) The council consists of nine members appointed by the
43-15 department to serve staggered two-year terms. To be eligible for
43-16 appointment to the council, a person must have demonstrated an
43-17 interest in and knowledge of the problems of aging and must be a
43-18 member of the general public.
43-19 (c) Not later than December 1 of each even-numbered year,
43-20 the council shall prepare a report and submit the report to the
43-21 governor, the lieutenant governor, and the speaker of the house of
43-22 representatives. The report must include:
43-23 (1) consumer satisfaction surveys;
43-24 (2) long-term care insurance use reports;
43-25 (3) demographics; and
43-26 (4) other issues related to elderly persons.
44-1 SECTION 2.04. Subsection (a), Section 101.030, Human
44-2 Resources Code, is amended to read as follows:
44-3 (a) The board [of the Texas Department on Aging], by rule,
44-4 shall adopt a formula that meets the intent of the Older Americans
44-5 Act, as amended, for allocating among area agencies on aging funds
44-6 that the department receives under Title III, federal Older
44-7 Americans Act.
44-8 SECTION 2.05. Section 101.059, Human Resources Code, is
44-9 amended to read as follows:
44-10 Sec. 101.059. REPORTING SYSTEM. The office shall establish
44-11 a statewide ombudsman uniform reporting system to collect and
44-12 analyze information relating to complaints and conditions in
44-13 long-term care facilities as long as such system does not duplicate
44-14 other state reporting systems and shall provide the information to
44-15 the department and the[,] Texas Department of Health[, and Texas
44-16 Department of Human Services].
44-17 SECTION 2.06. Chapter 21, Human Resources Code, is amended
44-18 by adding Section 21.0033 to read as follows:
44-19 Sec. 21.0033. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
44-20 person who is appointed to and qualifies for office as a member of
44-21 the board may not vote, deliberate, or be counted as a member in
44-22 attendance at a meeting of the board until the person completes a
44-23 training program that complies with this section.
44-24 (b) The training program must provide the person with
44-25 information regarding:
44-26 (1) the legislation that created the department and
45-1 the board;
45-2 (2) the federal Older Americans Act of 1965 (42 U.S.C.
45-3 Section 3001 et seq.) and its subsequent amendments;
45-4 (3) the programs operated by the department;
45-5 (4) the role and functions of the department;
45-6 (5) the rules of the department with an emphasis on
45-7 the rules that relate to disciplinary and investigatory authority;
45-8 (6) the current budget for the department;
45-9 (7) the results of the most recent formal audit of the
45-10 department;
45-11 (8) a history of funding sources for long-term care
45-12 services;
45-13 (9) the independent living philosophy;
45-14 (10) the requirements of:
45-15 (A) the open meetings law, Chapter 551,
45-16 Government Code;
45-17 (B) the public information law, Chapter 552,
45-18 Government Code;
45-19 (C) the administrative procedure law, Chapter
45-20 2001, Government Code; and
45-21 (D) other laws relating to public officials,
45-22 including conflict-of-interest laws; and
45-23 (11) any applicable ethics policies adopted by the
45-24 department or the Texas Ethics Commission.
45-25 (c) A person appointed to the board is entitled to
45-26 reimbursement, as provided by the General Appropriations Act, for
46-1 travel expenses incurred in attending the training program
46-2 regardless of whether the attendance at the program occurs before
46-3 or after the person qualifies for office.
46-4 (d) In this section, "independent living philosophy" means
46-5 control over one's life based on the choice of acceptable options
46-6 that minimize reliance on others in making a decision or in
46-7 performing everyday activities. The term includes:
46-8 (1) managing one's affairs;
46-9 (2) participating in day-to-day life in the community;
46-10 (3) fulfilling a range of social roles; and
46-11 (4) making decisions that lead to self-determination
46-12 and the minimization of physical and psychological dependence on
46-13 others.
46-14 SECTION 2.07. Chapter 22, Human Resources Code, is amended
46-15 by adding Section 22.0245 to read as follows:
46-16 Sec. 22.0245. OLDER AMERICANS ACT; STATE PLAN. (a) The
46-17 department shall develop the state's plan on aging, as required by
46-18 the federal Older Americans Act of 1965 (42 U.S.C. Section 3001 et
46-19 seq.) and its subsequent amendments.
46-20 (b) The department shall conduct a statewide needs
46-21 assessment for long-term care services. The assessment shall
46-22 include input from:
46-23 (1) area agencies on aging;
46-24 (2) regional and local state agency staff; and
46-25 (3) community-based organizations.
46-26 SECTION 2.08. The following are repealed:
47-1 (1) Section 101.0011, Human Resources Code;
47-2 (2) Section 101.0012, Human Resources Code, as added
47-3 by Article 1 of this Act;
47-4 (3) Section 101.002, Human Resources Code;
47-5 (4) Section 101.003, Human Resources Code;
47-6 (5) Section 101.0031, Human Resources Code;
47-7 (6) Section 101.004, Human Resources Code;
47-8 (7) Section 101.006, Human Resources Code;
47-9 (8) Section 101.0061, Human Resources Code;
47-10 (9) Section 101.007, Human Resources Code;
47-11 (10) Section 101.008, Human Resources Code;
47-12 (11) Section 101.021, Human Resources Code;
47-13 (12) Section 101.0221, Human Resources Code;
47-14 (13) Section 101.0255, Human Resources Code;
47-15 (14) Section 101.0256, Human Resources Code, as added
47-16 by Article 1 of this Act;
47-17 (15) Section 101.033, Human Resources Code, as added
47-18 by Article 1 of this Act; and
47-19 (16) Subsection (b), Section 101.043, Human Resources
47-20 Code.
47-21 SECTION 2.09. A person who is a member of the Texas Board on
47-22 Aging immediately before this article takes effect, unless
47-23 otherwise removed as provided by law, may continue to serve as a
47-24 member of the Aging Policy Council established by Section 101.0015,
47-25 Human Resources Code, as added by this article until the date on
47-26 which the person's term as a member of the Texas Board on Aging to
48-1 which the person was originally appointed would otherwise expire.
48-2 SECTION 2.10. (a) A reference in a law or rule to the Texas
48-3 Department of Human Services means the Texas Department of Aging
48-4 and Disability Services.
48-5 (b) A reference in a law or rule to the Texas Board of Human
48-6 Services means the Texas Board of Aging and Disability Services.
48-7 (c) A reference in law to the commissioner of the Texas
48-8 Department of Human Services means the commissioner of the Texas
48-9 Department of Aging and Disability Services.
48-10 SECTION 2.11. (a) The Texas Department on Aging is
48-11 abolished.
48-12 (b) On the effective date of this article:
48-13 (1) all powers, duties, functions, and activities
48-14 performed by the Texas Department on Aging immediately before this
48-15 section's effective date are transferred to the Texas Department of
48-16 Aging and Disability Services;
48-17 (2) all employees of the Texas Department on Aging
48-18 become employees of the Texas Department of Aging and Disability
48-19 Services, to be assigned duties by the commissioner of that
48-20 department;
48-21 (3) a rule or form adopted by the Texas Department on
48-22 Aging is a rule or form of the Texas Department of Aging and
48-23 Disability Services and remains in effect until altered by the
48-24 agency;
48-25 (4) a reference in law or an administrative rule to
48-26 the Texas Department on Aging means the Texas Department of Aging
49-1 and Disability Services;
49-2 (5) a license, permit, or certification in effect that
49-3 was issued by the Texas Department on Aging is continued in effect
49-4 as a license, permit, or certification of the Texas Department of
49-5 Aging and Disability Services; and
49-6 (6) a complaint, investigation, or other proceeding
49-7 pending before the Texas Department on Aging is transferred without
49-8 change in status to the Texas Department of Aging and Disability
49-9 Services.
49-10 (c) On the 30th day after the effective date of this
49-11 section:
49-12 (1) all funds, obligations, and contracts of the Texas
49-13 Department on Aging are transferred to the Texas Department of
49-14 Aging and Disability Services; and
49-15 (2) all property and records in the custody of the
49-16 Texas Department on Aging and all funds appropriated by the
49-17 legislature for the Texas Department on Aging are transferred to
49-18 the Texas Department of Aging and Disability Services.
49-19 SECTION 2.12. This article takes effect September 1, 2003.
49-20 ARTICLE 3. CHILDREN WITH SPECIAL HEALTH CARE NEEDS
49-21 SECTION 3.01. Section 35.001, Health and Safety Code, is
49-22 amended to read as follows:
49-23 Sec. 35.001. SHORT TITLE. This chapter may be cited as the
49-24 Children with Special Health Care Needs [Chronically Ill and
49-25 Disabled Children's] Services Act.
49-26 SECTION 3.02. Chapter 35, Health and Safety Code, is amended
50-1 by adding Sections 35.0021 and 35.0022 to read as follows:
50-2 Sec. 35.0021. DEFINITIONS. In this chapter:
50-3 (1) "Case management services" includes:
50-4 (A) coordinating medical services, marshaling
50-5 available assistance, serving as a liaison between the child and
50-6 the child's family and caregivers, insurance services, and other
50-7 services needed to improve the well-being of the child and the
50-8 child's family; and
50-9 (B) counseling for the child and the child's
50-10 family about measures to prevent the transmission of AIDS or HIV
50-11 and the availability in the geographic area of any appropriate
50-12 health care services, such as mental health care, psychological
50-13 health care, and social and support services.
50-14 (2) "Child with special health care needs" has the
50-15 meaning assigned by Section 35.0022.
50-16 (3) "Dentist" means a person licensed by the State
50-17 Board of Dental Examiners to practice dentistry in this state.
50-18 (4) "Facility" includes a hospital, an ambulatory
50-19 surgical center, and an outpatient clinic.
50-20 (5) "Family support services" means support,
50-21 resources, or other assistance provided to the family of a child
50-22 with special health care needs. The term may include services
50-23 described by Part A of the Individuals with Disabilities Education
50-24 Act (20 U.S.C. Section 1400 et seq.), as amended, and permanency
50-25 planning, as that term is defined by Section 531.151, Government
50-26 Code.
51-1 (6) "Other benefit" means a benefit, other than a
51-2 benefit provided under this chapter, to which a person is entitled
51-3 for payment of the costs of services provided under the program,
51-4 including benefits available from:
51-5 (A) an insurance policy, group health plan,
51-6 health maintenance organization, or prepaid medical or dental care
51-7 plan;
51-8 (B) Title XVIII, Title XIX, or Title XXI of the
51-9 Social Security Act (42 U.S.C. Sections 1395 et seq., 1396 et seq.,
51-10 and 1397aa et seq.), as amended;
51-11 (C) the Department of Veterans Affairs;
51-12 (D) the Civilian Health and Medical Program of
51-13 the Uniformed Services;
51-14 (E) workers' compensation or any other
51-15 compulsory employers' insurance program;
51-16 (F) a public program created by federal or state
51-17 law or the ordinances or rules of a municipality or other political
51-18 subdivision of the state, excluding benefits created by the
51-19 establishment of a municipal or county hospital, a joint
51-20 municipal-county hospital, a county hospital authority, a hospital
51-21 district, or the facilities of a publicly supported medical school;
51-22 or
51-23 (G) a cause of action for the cost of care,
51-24 including medical care, dental care, facility care, and medical
51-25 supplies, required for a person applying for or receiving services
51-26 from the department, or a settlement or judgment based on the cause
52-1 of action, if the expenses are related to the need for services
52-2 provided under this chapter.
52-3 (7) "Physician" means a person licensed by the Texas
52-4 State Board of Medical Examiners to practice medicine in this
52-5 state.
52-6 (8) "Program" means the services program for children
52-7 with special health care needs.
52-8 (9) "Provider" means a person who delivers services
52-9 purchased by the department for the purposes of this chapter.
52-10 (10) "Rehabilitation services" means the process of
52-11 the physical restoration, improvement, or maintenance of a body
52-12 function destroyed or impaired by congenital defect, disease, or
52-13 injury and includes:
52-14 (A) facility care, medical and dental care, and
52-15 occupational, speech, and physical therapy;
52-16 (B) the provision of braces, artificial
52-17 appliances, durable medical equipment, and other medical supplies;
52-18 and
52-19 (C) other types of care specified by the board
52-20 in the program rules.
52-21 (11) "Services" means the care, activities, and
52-22 supplies provided under this chapter or program rules, including
52-23 medical care, dental care, facility care, medical supplies,
52-24 occupational, physical, and speech therapy, and other care
52-25 specified by program rules.
52-26 (12) "Specialty center" means a facility and staff
53-1 that meet minimum standards established under the program and are
53-2 designated by the board for program use in the comprehensive
53-3 diagnostic and treatment services for a specific medical condition.
53-4 (13) "Support" means to contribute money or services
53-5 necessary for a person's maintenance, including food, clothing,
53-6 shelter, transportation, and health care.
53-7 Sec. 35.0022. CHILD WITH SPECIAL HEALTH CARE NEEDS. (a) In
53-8 this chapter, "child with special health care needs" means a person
53-9 who:
53-10 (1) is younger than 21 years of age and who has a
53-11 chronic physical or developmental condition; or
53-12 (2) has cystic fibrosis, regardless of the person's
53-13 age.
53-14 (b) The term "child with special health care needs" may
53-15 include a person who has a behavioral or emotional condition that
53-16 accompanies the person's physical or developmental condition. The
53-17 term does not include a person who has a behavioral or emotional
53-18 condition without having an accompanying physical or developmental
53-19 condition.
53-20 SECTION 3.03. Section 35.003, Health and Safety Code, is
53-21 amended to read as follows:
53-22 Sec. 35.003. [CHRONICALLY ILL AND DISABLED CHILDREN'S]
53-23 SERVICES PROGRAM FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS.
53-24 (a) The program is in the department to provide services to
53-25 eligible [chronically ill and disabled] children with special
53-26 health care needs. The program shall provide:
54-1 (1) early identification of [chronically ill and
54-2 disabled] children with special health care needs;
54-3 (2) diagnosis and evaluation of [chronically ill and
54-4 disabled] children with special health care needs;
54-5 (3) rehabilitation services to [chronically ill and
54-6 disabled] children with special health care needs;
54-7 (4) development and improvement of standards and
54-8 services for [chronically ill and disabled] children with special
54-9 health care needs; [and]
54-10 (5) case management services;
54-11 (6) other family support services; and
54-12 (7) access to health benefits plan coverage under
54-13 Section 35.0031.
54-14 (b) The board by rule shall:
54-15 (1) specify the type, amount, and duration of services
54-16 to be provided under this chapter;
54-17 [(2) specify the diseases and conditions covered by
54-18 the program;] and
54-19 (2) [(3)] permit the payment of insurance premiums for
54-20 eligible children.
54-21 (c) If budgetary limitations exist, the board by rule shall
54-22 establish a system of priorities relating to the types of services
54-23 or the classes of persons eligible for the services. A waiting
54-24 list of eligible persons may be established if necessary for the
54-25 program to remain within the budgetary limitations. The department
54-26 shall collect from each applicant for services who is placed on a
55-1 waiting list appropriate information to facilitate contacting the
55-2 applicant when services become available and to allow efficient
55-3 enrollment of the applicant in those services. The information
55-4 collected must include:
55-5 (1) the applicant's name, address, and phone number;
55-6 (2) the name, address, and phone number of a contact
55-7 person other than the applicant;
55-8 (3) the date of the applicant's earliest application
55-9 for services;
55-10 (4) the applicant's functional needs;
55-11 (5) the range of services needed by the applicant; and
55-12 (6) a date on which the applicant is scheduled for
55-13 reassessment.
55-14 (d) The program may provide:
55-15 (1) transportation and subsistence for an eligible
55-16 [chronically ill and disabled] child with special health care needs
55-17 and the child's parent, managing conservator, guardian, or other
55-18 adult caretaker approved by the program to obtain services provided
55-19 by the program; and
55-20 (2) the following services to an eligible child with
55-21 special health care needs [chronically ill and disabled children]
55-22 who dies [die] in an approved facility outside the child's
55-23 municipality of residence while receiving program services [for a
55-24 condition covered by the program]:
55-25 (A) the transportation of the child's remains,
55-26 and the transportation of a parent or other person accompanying the
56-1 remains, from the facility to the place of burial in this state
56-2 that is designated by the parent or other person legally
56-3 responsible for interment;
56-4 (B) the expense of embalming, if required for
56-5 transportation;
56-6 (C) the cost of a coffin purchased at a minimum
56-7 price, if a coffin is required for transportation; and
56-8 (D) any other necessary expenses directly
56-9 related to the care and return of the child's remains to the place
56-10 of burial in this state.
56-11 (e) The department may:
56-12 (1) develop methods to improve the efficiency and
56-13 effectiveness of the program; and
56-14 (2) conduct pilot studies[; and]
56-15 [(3) provide services only for conditions specified by
56-16 this chapter or by the board].
56-17 (f) The program is separate from the financial or medical
56-18 assistance program established by Chapters 31 and 32, Human
56-19 Resources Code.
56-20 SECTION 3.04. Chapter 35, Health and Safety Code, is amended
56-21 by adding Sections 35.0031, 35.0032, 35.0033, 35.0034, and 35.0035
56-22 to read as follows:
56-23 Sec. 35.0031. HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN
56-24 ELIGIBLE CHILDREN. The department shall obtain coverage under a
56-25 health benefits plan for a child who:
56-26 (1) is eligible for services under this chapter; and
57-1 (2) is not eligible for assistance under:
57-2 (A) a program established under Title XXI of the
57-3 Social Security Act (42 U.S.C. Section 1397aa et seq.), as amended;
57-4 or
57-5 (B) the medical assistance program under Chapter
57-6 32, Human Resources Code.
57-7 Sec. 35.0032. BENEFITS COVERAGE REQUIRED. To the extent
57-8 possible, the health benefits plan required by Section 35.0031 must
57-9 provide benefits comparable to the benefits provided under the
57-10 state child health plan established by this state to implement
57-11 Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et
57-12 seq.), as amended.
57-13 Sec. 35.0033. HEALTH BENEFITS PLAN PROVIDER. (a) A health
57-14 benefits plan provider who provides coverage for benefits under
57-15 Section 35.0031 must:
57-16 (1) hold a certificate of authority or other
57-17 appropriate license issued by the Texas Department of Insurance
57-18 that authorizes the health benefits plan provider to provide the
57-19 type of coverage to be offered under Section 35.0031; and
57-20 (2) satisfy, except as provided by Subsection (b), any
57-21 other applicable requirement of the Insurance Code or another
57-22 insurance law of this state.
57-23 (b) Except as required by the department, a health benefits
57-24 plan provider under this chapter is not subject to a law that
57-25 requires coverage or the offer of coverage of a health care service
57-26 or benefit.
58-1 Sec. 35.0034. COST-SHARING PAYMENTS. (a) Except as
58-2 provided by Subsection (b), the department may not require a child
58-3 who is provided health benefits plan coverage under Section 35.0031
58-4 and who meets the income eligibility requirement of the medical
58-5 assistance program under Chapter 32, Human Resources Code, to pay a
58-6 premium, deductible, coinsurance, or other cost-sharing payment as
58-7 a condition of health benefits plan coverage under this chapter.
58-8 (b) The department may require a child described by
58-9 Subsection (a) to pay a copayment as a condition of health benefits
58-10 plan coverage under Section 35.0031 that is equal to any copayment
58-11 required under the state child health plan established by this
58-12 state to implement Title XXI of the Social Security Act (42 U.S.C.
58-13 Section 1397aa et seq.), as amended.
58-14 (c) The department may require a child who is provided
58-15 health benefits plan coverage under Section 35.0031 and who meets
58-16 the income eligibility requirement of a program established under
58-17 Title XXI of the Social Security Act (42 U.S.C. Section 1397aa et
58-18 seq.), as amended, to pay a premium, deductible, coinsurance, or
58-19 other cost-sharing payment as a condition of health benefits plan
58-20 coverage. The payment must be equal to any premium, deductible,
58-21 coinsurance, or other cost-sharing payment required under the state
58-22 child health plan established by this state to implement Title XXI
58-23 of the Social Security Act (42 U.S.C. Section 1397aa et seq.), as
58-24 amended.
58-25 Sec. 35.0035. DISALLOWANCE OF MATCHING FUNDS FROM FEDERAL
58-26 GOVERNMENT. Expenditures made to provide health benefits plan
59-1 coverage under Section 35.0031 may not be included for the purpose
59-2 of determining the state children's health insurance expenditures,
59-3 as that term is defined by 42 U.S.C. Section 1397ee(d)(2)(B), as
59-4 amended.
59-5 SECTION 3.05. Section 35.004, Health and Safety Code, is
59-6 amended by adding Subsection (j) to read as follows:
59-7 (j) This section does not apply to services for which
59-8 coverage is provided under the health benefits plan established
59-9 under Section 35.0031.
59-10 SECTION 3.06. Section 35.005, Health and Safety Code, is
59-11 amended to read as follows:
59-12 Sec. 35.005. ELIGIBILITY FOR SERVICES. (a) The board by
59-13 rule shall:
59-14 (1) define medical, financial, and other criteria for
59-15 eligibility to receive services; and
59-16 (2) establish a system for verifying eligibility
59-17 information submitted by an applicant for or recipient of services.
59-18 (b) In defining medical and financial criteria for
59-19 eligibility under Subsection (a), the board may not:
59-20 (1) establish an exclusive list of coverable medical
59-21 conditions; or
59-22 (2) consider as a source of support to provide
59-23 services assets legally owned or available to a child's household.
59-24 (c) A child is not eligible to receive rehabilitation
59-25 services unless:
59-26 (1) the child is a resident of this state;
60-1 (2) at least one physician or dentist certifies to the
60-2 department that the physician or dentist has examined the child and
60-3 finds the child to be a [chronically ill and disabled] child with
60-4 special health care needs whose disability meets the medical
60-5 criteria established by the board;
60-6 (3) [the certifying physician or dentist has reason to
60-7 expect that services will improve the child's condition or will
60-8 extend the child's ability to function independently;]
60-9 [(4)] the department determines that the persons who
60-10 have any legal obligation to provide services for the child are
60-11 unable to pay for the entire cost of the services;
60-12 (4) the child has a family income that is less than or
60-13 equal to 200 percent of the federal poverty level; and
60-14 (5) the child meets all other eligibility criteria
60-15 established by board rules.
60-16 (d) [(c)] A child is not eligible to receive services, other
60-17 than rehabilitation services, unless the child:
60-18 (1) is a resident of this state; and
60-19 (2) meets all other eligibility criteria established
60-20 by board rules.
60-21 (e) Notwithstanding Subsection (c)(4), a child with special
60-22 health care needs who has a family income that is greater than 200
60-23 percent of the federal poverty level and who meets all other
60-24 eligibility criteria established by this section and by board rules
60-25 is eligible for services if the department determines that the
60-26 child's family is or will be responsible for medical expenses that
61-1 are equal to or greater than the amount by which the family's
61-2 income exceeds 200 percent of the federal poverty level.
61-3 SECTION 3.07. Chapter 35, Health and Safety Code, is amended
61-4 by adding Section 35.0061 to read as follows:
61-5 Sec. 35.0061. REFERRAL FOR BEHAVIORAL OR EMOTIONAL
61-6 CONDITIONS. If a child with special health care needs who is
61-7 eligible for services under this chapter has a behavioral or
61-8 emotional condition and the child is eligible for services from
61-9 another provider of services that would address the behavioral or
61-10 emotional condition, the department shall refer the child to that
61-11 provider for those services.
61-12 SECTION 3.08. Subsection (e), Section 35.007, Health and
61-13 Safety Code, is amended to read as follows:
61-14 (e) The department may collect the cost of services provided
61-15 under this chapter directly:
61-16 (1) in accordance with [from] Title XVIII, [or] Title
61-17 XIX, or Title XXI of the Social Security Act (42 U.S.C. Sections
61-18 1395 et seq., [and] 1396 et seq., and 1397aa et seq.), as amended;
61-19 or
61-20 (2) from any personal insurance, a health maintenance
61-21 organization, or any other third party who has a legal obligation
61-22 to pay other benefits.
61-23 SECTION 3.09. Subsections (a) and (b), Section 35.012,
61-24 Health and Safety Code, are amended to read as follows:
61-25 (a) The department may take a census, make surveys, and
61-26 establish permanent records of [chronically ill and disabled]
62-1 children with special health care needs.
62-2 (b) The department shall maintain a record of orthotic and
62-3 prosthetic devices, durable medical equipment, and medical supplies
62-4 purchased by the department for [chronically ill and disabled]
62-5 children with special health care needs. Those items are not
62-6 state-owned personal property and are exempt from the personal
62-7 property inventory requirements of Subtitle D, Title 10, Government
62-8 Code.
62-9 SECTION 3.10. The heading of Chapter 35, Health and Safety
62-10 Code, is amended to read as follows:
62-11 CHAPTER 35. CHILDREN WITH SPECIAL HEALTH CARE NEEDS
62-12 [CHRONICALLY ILL AND DISABLED CHILDREN'S SERVICES]
62-13 SECTION 3.11. Section 33.031, Health and Safety Code, is
62-14 amended to read as follows:
62-15 Sec. 33.031. COORDINATION WITH CHILDREN WITH SPECIAL HEALTH
62-16 CARE NEEDS [CHRONICALLY ILL AND DISABLED CHILDREN'S] SERVICES.
62-17 (a) All newborn children and other individuals under 21 years of
62-18 age who have been screened, have been found to be presumptively
62-19 positive through the newborn screening program, and may be
62-20 financially eligible may be referred to the department's
62-21 [chronically ill and disabled children's] services program for
62-22 children with special health care needs.
62-23 (b) An individual who is determined to be eligible for
62-24 services under the [chronically ill and disabled children's]
62-25 services program for children with special health care needs shall
62-26 be given approved services through that program. An individual who
63-1 does not meet that eligibility criteria shall be referred to the
63-2 newborn screening program for a determination of eligibility for
63-3 newborn screening program services.
63-4 SECTION 3.12. Section 109.066, Health and Safety Code, is
63-5 amended to read as follows:
63-6 Sec. 109.066. TEXAS DEPARTMENT OF HEALTH PROGRAMS. (a) The
63-7 department may use appropriated funds, in accordance with the
63-8 General Appropriations Act, to purchase coverage under a health
63-9 benefit plan provided through the program for children who are
63-10 eligible for coverage for the program if:
63-11 (1) the children receive health care benefits under
63-12 the services [chronically ill and disabled children's] program for
63-13 children with special health care needs or another federally funded
63-14 or state-funded program, other than the state Medicaid program,
63-15 that is administered by the department;
63-16 (2) provision of the benefits through a health benefit
63-17 plan provided through the program is a more cost-effective means of
63-18 providing some or all of the benefits described by Subdivision (1);
63-19 and
63-20 (3) no benefit or service provided to the children is
63-21 eliminated or adversely affected as a result of the provision of
63-22 the benefits through the program.
63-23 (b) Services provided to children under a federally funded
63-24 or state-funded program administered by the department, including
63-25 the [chronically ill and disabled children's] program for children
63-26 with special health care needs, may not be reduced or eliminated
64-1 because some or all of the services are provided through the
64-2 program or otherwise provided because of the establishment of the
64-3 corporation or the program.
64-4 SECTION 3.13. Subdivision (2), Subsection (b), Section 14,
64-5 Article 21.58A, Insurance Code, is amended to read as follows:
64-6 (2) Except as provided by Subsection (g) of this
64-7 section, this article shall not apply to the Texas Medicaid
64-8 Program, the [chronically ill and disabled children's] services
64-9 program for children with special health care needs created
64-10 pursuant to Chapter 35, Health and Safety Code, any program
64-11 administered under Title 2, Human Resources Code, any program of
64-12 the Texas Department of Mental Health and Mental Retardation, or
64-13 any program of the Texas Department of Criminal Justice.
64-14 SECTION 3.14. Section 35.002, Health and Safety Code, is
64-15 repealed.
64-16 SECTION 3.15. (a) The change in law made by this article to
64-17 Chapter 35, Health and Safety Code, applies only to delivery of
64-18 services under that chapter on or after July 1, 2001.
64-19 (b) The Texas Department of Health shall implement the
64-20 health benefits plan required by Section 35.0031, Health and Safety
64-21 Code, as added by this article, not later than July 1, 2001.
64-22 (c) The Texas Board of Health shall adopt all rules
64-23 necessary to implement the changes in law made by this article not
64-24 later than July 1, 2001.
64-25 SECTION 3.16. A state agency is required to implement the
64-26 article related to children with special health care needs only if
65-1 the legislature appropriates money specifically for that purpose.
65-2 If the legislature does not appropriate money specifically for that
65-3 purpose, an agency may, but it is not required to, implement the
65-4 article using other appropriations available for the purpose.
65-5 ARTICLE 4. EFFECTIVE DATE; EMERGENCY
65-6 SECTION 4.01. Except as otherwise provided by this Act, this
65-7 Act takes effect September 1, 1999.
65-8 SECTION 4.02. If, before implementing any provision of this
65-9 Act, the Texas Department of Human Services or another state agency
65-10 determines that a waiver or authorization from a federal agency is
65-11 necessary for implementation, the department or other state agency
65-12 shall request the waiver or authorization and may delay
65-13 implementing that provision until the waiver or authorization is
65-14 granted.
65-15 SECTION 4.03. If, before implementing any provision of this
65-16 Act, a state agency determines that a waiver or authorization from
65-17 a federal agency is necessary for implementation of that provision,
65-18 the agency affected by the provision shall request the waiver or
65-19 authorization and may delay implementing that provision until the
65-20 waiver or authorization is granted.
65-21 SECTION 4.04. The importance of this legislation and the
65-22 crowded condition of the calendars in both houses create an
65-23 emergency and an imperative public necessity that the
65-24 constitutional rule requiring bills to be read on three several
65-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 374 passed the Senate on
April 29, 1999, by a viva-voce vote; and that the Senate concurred
in House amendments on May 28, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 374 passed the House, with
amendments, on May 21, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor