1-1 By: Zaffirini S.B. No. 374
1-2 (In the Senate - Filed March 11, 1999; March 11, 1999, read
1-3 first time and referred to Committee on Human Services;
1-4 April 26, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 26, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 374 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the provision of certain long-term care services, to
1-11 the continuation and functions of the Texas Department on Aging,
1-12 and to the eventual consolidation of the Texas Department of Human
1-13 Services and the Texas Department on Aging into a new agency on
1-14 aging and disability services.
1-15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-16 ARTICLE 1. LONG-TERM CARE SERVICES; TEXAS DEPARTMENT ON AGING
1-17 SECTION 1.01. Subchapter B, Chapter 531, Government Code, is
1-18 amended by adding Section 531.02481 to read as follows:
1-19 Sec. 531.02481. COMMUNITY-BASED SUPPORT AND SERVICE DELIVERY
1-20 SYSTEMS FOR LONG-TERM CARE SERVICES. (a) The commission, the
1-21 Texas Department of Human Services, and the Texas Department on
1-22 Aging shall assist communities in this state in developing
1-23 comprehensive, community-based support and service delivery systems
1-24 for long-term care services. At the request of a community, the
1-25 commission shall provide resources and assistance to the community
1-26 to enable the community to:
1-27 (1) identify and overcome institutional barriers to
1-28 developing more comprehensive community support systems, including
1-29 barriers that result from the policies and procedures of state
1-30 health and human services agencies;
1-31 (2) develop a system of blended funds to allow the
1-32 community to customize services to fit individual community needs;
1-33 and
1-34 (3) develop a local system of access and assistance to
1-35 aid clients in accessing the full range of long-term care services.
1-36 (b) At the request of the commission, a health and human
1-37 services agency shall provide resources and assistance to a
1-38 community as necessary to perform the commission's duties under
1-39 Subsection (a).
1-40 (c) A health and human services agency that receives or
1-41 develops a proposal for a community initiative shall submit the
1-42 initiative to the commission for review and approval. The
1-43 commission shall review the initiative to ensure that the
1-44 initiative is consistent with other similar programs offered in
1-45 communities and does not duplicate other services provided in the
1-46 community.
1-47 (d) In implementing this section, the commission shall
1-48 consider models used in other service delivery systems.
1-49 (e) A community-based organization or a combination of
1-50 organizations may make a proposal under this section. A
1-51 community-based organization includes:
1-52 (1) an area agency on aging;
1-53 (2) an independent living center;
1-54 (3) a municipality, county, or other local government;
1-55 or
1-56 (4) a nonprofit organization.
1-57 SECTION 1.02. Chapter 22, Human Resources Code, is amended
1-58 by adding Section 22.034 to read as follows:
1-59 Sec. 22.034. WORK GROUP ON LONG-TERM CARE SERVICES. (a) In
1-60 this section, "long-term care services" includes community care
1-61 services and support, and services provided by nursing facilities,
1-62 assisted living facilities, group homes, intermediate care
1-63 facilities for persons with mental retardation, and other
1-64 institutional care facilities.
2-1 (b) A work group is created to assist the department and the
2-2 Texas Department of Mental Health and Mental Retardation in
2-3 studying coordination of planning and services between the two
2-4 agencies in providing long-term care services.
2-5 (c) The work group is composed of the following 18 members:
2-6 (1) two representatives of the department, appointed
2-7 by the commissioner;
2-8 (2) two representatives of the Texas Department of
2-9 Mental Health and Mental Retardation, appointed by the commissioner
2-10 of mental health and mental retardation;
2-11 (3) two representatives of the Texas Department on
2-12 Aging, appointed by the executive director of aging;
2-13 (4) one representative of the Health and Human
2-14 Services Commission, appointed by the commissioner of health and
2-15 human services;
2-16 (5) three consumers of long-term care services,
2-17 jointly appointed by the commissioner and the commissioner of
2-18 mental health and mental retardation;
2-19 (6) two advocates for elderly individuals, appointed
2-20 by the commissioner;
2-21 (7) two advocates for persons with disabilities,
2-22 appointed by the commissioner;
2-23 (8) two advocates for people with mental retardation
2-24 and mental illness, appointed by the commissioner of mental health
2-25 and mental retardation; and
2-26 (9) two long-term care services providers, jointly
2-27 appointed by the commissioner and the commissioner of mental health
2-28 and mental retardation.
2-29 (d) A member of the work group serves at the will of the
2-30 appointing agency.
2-31 (e) The members of the work group shall elect a presiding
2-32 officer and any other necessary officers.
2-33 (f) The work group shall meet at the call of the presiding
2-34 officer.
2-35 (g) A member of the work group receives no additional
2-36 compensation for serving on the work group. Persons serving on the
2-37 work group shall be reimbursed for travel and other expenses
2-38 necessary for participation as provided in the General
2-39 Appropriations Act.
2-40 (h) The work group shall study and report on coordination of
2-41 planning and services between the department and the Texas
2-42 Department of Mental Health and Mental Retardation in providing
2-43 long-term care services. As part of its study and report on
2-44 coordination, the work group shall also study and make
2-45 recommendations on the development of consistent and standardized:
2-46 (1) regulation of residential and community long-term
2-47 care services;
2-48 (2) rate-setting processes for long-term care
2-49 providers and services;
2-50 (3) contractor monitoring for long-term care providers
2-51 and services;
2-52 (4) intake, assessment, referral, and coordinated case
2-53 management procedures for long-term care services; and
2-54 (5) administration of the In-Home and Family Support
2-55 Program operated by the department and the Texas Department of
2-56 Mental Health and Mental Retardation.
2-57 (i) The work group shall report annually to the
2-58 commissioner, the commissioner of health and human services, and
2-59 the commissioner of mental health and mental retardation. The
2-60 report must include any recommendations on subjects the work group
2-61 has studied.
2-62 (j) The work group is not subject to Chapter 2110,
2-63 Government Code.
2-64 SECTION 1.03. Chapter 113, Human Resources Code, is
2-65 transferred to Chapter 22, Human Resources Code, is redesignated as
2-66 Section 22.035, Human Resources Code, and is amended to read as
2-67 follows:
3-1 [CHAPTER 113. PROGRAMS FOR DEAF-BLIND MULTIHANDICAPPED
3-2 INDIVIDUALS AND THEIR PARENTS]
3-3 Sec. 22.035 [113.001]. PROGRAMS FOR DEAF-BLIND
3-4 MULTIHANDICAPPED INDIVIDUALS AND THEIR PARENTS. (a) The
3-5 department [commission] shall establish programs to serve
3-6 deaf-blind multihandicapped individuals by helping them attain
3-7 self-sufficiency and independent living.
3-8 (b) The department [commission] shall establish a program of
3-9 parental counseling for the parents of deaf-blind multihandicapped
3-10 individuals. The counseling program may be provided on an
3-11 individual or group basis and must include programs, activities,
3-12 and services necessary to foster greater understanding and to
3-13 improve relationships among professionals, parents, and deaf-blind
3-14 multihandicapped individuals.
3-15 (c) The department [commission] shall establish a summer
3-16 outdoor training program for deaf-blind multihandicapped
3-17 individuals. The outdoor training program must be designed to help
3-18 meet the unique needs of deaf-blind multihandicapped individuals
3-19 for the purpose of broadening their educational experiences and
3-20 improving their ability to function more independently.
3-21 (d) The department [commission] shall establish regulations
3-22 for implementing and administering the programs.
3-23 (e) The department [commission] may contract for services or
3-24 goods with private or public entities for purposes of this section.
3-25 (f) From information collected from the programs, the
3-26 department [commission] shall determine the need for related future
3-27 services and the most efficient and effective method of delivering
3-28 the future services.
3-29 SECTION 1.04. Section 101.001, Human Resources Code, is
3-30 amended to read as follows:
3-31 Sec. 101.001. DEPARTMENT AND BOARD ON AGING. (a) The Texas
3-32 Department on Aging is created.
3-33 (b) The Texas Board on Aging is created as the governing
3-34 body of the Texas Department on Aging. The board is composed of
3-35 nine members appointed by the governor with the advice and consent
3-36 of the senate. Appointments to the board shall be made without
3-37 regard to the race, color, handicap, sex, religion, age, or
3-38 national origin of the appointees. To be eligible for appointment
3-39 to the board, a person must have demonstrated an interest in and
3-40 knowledge of the problems of aging and must be a member of the
3-41 general public. The members must include the following:
3-42 (1) an expert in gerontology;
3-43 (2) a medical professional;
3-44 (3) a consumer advocate; and
3-45 (4) three members of the general public.
3-46 (c) A person is not eligible for appointment as a public
3-47 member if the person or the person's spouse:
3-48 (1) is employed by or participates in the management
3-49 of a business entity or other organization regulated by or
3-50 receiving funds from the department;
3-51 (2) owns, controls, or has, directly or indirectly,
3-52 more than a 10 percent interest in a business entity or other
3-53 organization regulated by or receiving funds from the department;
3-54 or
3-55 (3) uses or receives a substantial amount of tangible
3-56 goods, services, or funds from the department.
3-57 (d) [(c)] Members of the board serve for staggered terms of
3-58 six years with the terms of three members expiring on February 1 of
3-59 each odd-numbered year. A member may be reappointed to the board.
3-60 (e) [(d)] Members of the board may receive the compensatory
3-61 per diem authorized by the General Appropriations Act for each day
3-62 spent engaged in the performance of their official duties. Board
3-63 members are entitled to reimbursement for actual travel expenses
3-64 incurred in the performance of their duties.
3-65 (f) [(e) The board shall hold meetings quarterly and may
3-66 hold other meetings called by the chairman.] The board shall
3-67 develop and implement policies that [will] provide the public with
3-68 a reasonable opportunity to appear before the board and to speak on
3-69 any issue under the jurisdiction of the department [board].
4-1 SECTION 1.05. Section 101.0011, Human Resources Code, is
4-2 amended to read as follows:
4-3 Sec. 101.0011. REMOVAL OF BOARD MEMBERS. (a) It is a
4-4 ground for removal from the board that [if] a member:
4-5 (1) does not have at the time of taking office
4-6 [appointment] the qualifications required by [Subsection (b) of]
4-7 Section 101.001(b) [101.001 of this code for appointment to the
4-8 board];
4-9 (2) does not maintain during [the] service on the
4-10 board the qualifications required by [Subsection (b) of] Section
4-11 101.001(b) [101.001 for appointment to the board];
4-12 (3) is ineligible for membership under [violates a
4-13 prohibition established by] Section 101.0031 [of this code];
4-14 (4) cannot, because of illness or disability, [is
4-15 unable to] discharge the member's [his] duties for a substantial
4-16 part [portion] of the member's term [for which he was appointed
4-17 because of illness or disability]; or
4-18 (5) is absent from more than half of the regularly
4-19 scheduled board meetings that the member is eligible to attend
4-20 during a [each] calendar year without an excuse approved[, except
4-21 when the absence is excused] by a majority vote of the board.
4-22 (b) The validity of an action of the board is not affected
4-23 by the fact that it is [was] taken when a ground for removal of a
4-24 board member exists [of the board existed].
4-25 (c) If the executive director has knowledge that a potential
4-26 ground for removal exists, the executive director [he] shall notify
4-27 the presiding officer [chairman] of the board of the potential
4-28 ground. The presiding officer [chairman of the board] shall then
4-29 notify the governor and the attorney general that a potential
4-30 ground for removal exists. If the potential ground for removal
4-31 involves the presiding officer, the executive director shall notify
4-32 the next highest ranking officer of the board, who shall then
4-33 notify the governor and the attorney general that a potential
4-34 ground for removal exists.
4-35 SECTION 1.06. Subchapter A, Chapter 101, Human Resources
4-36 Code, is amended by adding Section 101.0012 to read as follows:
4-37 Sec. 101.0012. TRAINING PROGRAM FOR BOARD MEMBERS. (a) A
4-38 person who is appointed to and qualifies for office as a member of
4-39 the board may not vote, deliberate, or be counted as a member in
4-40 attendance at a meeting of the board until the person completes a
4-41 training program that complies with this section.
4-42 (b) The training program must provide the person with
4-43 information regarding:
4-44 (1) the legislation that created the department and
4-45 the board;
4-46 (2) the federal Older Americans Act of 1965 (42 U.S.C.
4-47 Section 3001 et seq.) and its subsequent amendments;
4-48 (3) the programs operated by the department;
4-49 (4) the role and functions of the department;
4-50 (5) the rules of the department, with an emphasis on
4-51 the rules that relate to disciplinary and investigatory authority;
4-52 (6) the current budget for the department;
4-53 (7) the results of the most recent formal audit of the
4-54 department;
4-55 (8) the requirements of:
4-56 (A) the open meetings law, Chapter 551,
4-57 Government Code;
4-58 (B) the public information law, Chapter 552,
4-59 Government Code;
4-60 (C) the administrative procedure law, Chapter
4-61 2001, Government Code; and
4-62 (D) other laws relating to public officials,
4-63 including conflict-of-interest laws; and
4-64 (9) any applicable ethics policies adopted by the
4-65 department or the Texas Ethics Commission.
4-66 (c) A person appointed to the board is entitled to
4-67 reimbursement, as provided by the General Appropriations Act, for
4-68 the travel expenses incurred in attending the training program
4-69 regardless of whether the attendance at the program occurs before
5-1 or after the person qualifies for office.
5-2 SECTION 1.07. Section 101.002, Human Resources Code, is
5-3 amended to read as follows:
5-4 Sec. 101.002. SUNSET PROVISION. The Texas Department on
5-5 Aging is subject to Chapter 325, Government Code (Texas Sunset
5-6 Act). Unless continued in existence as provided by that chapter,
5-7 the department is abolished and this chapter expires September 1,
5-8 2004 [1999].
5-9 SECTION 1.08. Section 101.003, Human Resources Code, is
5-10 amended to read as follows:
5-11 Sec. 101.003. PRESIDING OFFICER [CHAIRMAN OF THE BOARD].
5-12 (a) The governor shall designate a presiding officer [chairman] of
5-13 the board from among the members.
5-14 (b) A member holds the position of presiding officer
5-15 [chairman] at the pleasure of the governor.
5-16 SECTION 1.09. Section 101.0031, Human Resources Code, is
5-17 amended to read as follows:
5-18 Sec. 101.0031. RESTRICTIONS ON BOARD MEMBERSHIP AND
5-19 EMPLOYMENT. (a) In this section, "Texas trade association" means
5-20 a cooperative and voluntarily joined association of business or
5-21 professional competitors in this state designed to assist its
5-22 members and its industry or profession in dealing with mutual
5-23 business or professional problems and in promoting their common
5-24 interest.
5-25 (b) A person [An officer, employee, or paid consultant of an
5-26 association that has as its primary interest the provision of
5-27 services to or other matters relating to the aged] may not be a
5-28 member [or employee] of the board and may not be a department
5-29 employee employed in a "bona fide executive, administrative, or
5-30 professional capacity," as that phrase is used for purposes of
5-31 establishing an exemption to the overtime provisions of the federal
5-32 Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.)
5-33 and its subsequent amendments, if:
5-34 (1) the person is[, nor may a person who cohabits with
5-35 or is the spouse of] an officer, [managerial] employee, or paid
5-36 consultant of a Texas trade [such an] association in the field of
5-37 aging; or
5-38 (2) the person's spouse is an officer, manager, or
5-39 paid consultant of a Texas trade association in the field of aging
5-40 [be a member of the board or an employee of the board grade 17 or
5-41 over, including exempt employees, according to the position
5-42 classification schedule under the General Appropriations Act].
5-43 (c) [(b)] A person [who is required to register as a
5-44 lobbyist under Chapter 305, Government Code, by virtue of his
5-45 activities on behalf of a provider of services to the aged,] may
5-46 not be [serve as] a member of the board or act as the general
5-47 counsel to the board or the department if the person is required to
5-48 register as a lobbyist under Chapter 305, Government Code, because
5-49 of the person's activities for compensation on behalf of a
5-50 profession related to the operation of the department.
5-51 SECTION 1.10. Subsection (d), Section 101.0061, Human
5-52 Resources Code, is amended to read as follows:
5-53 (d) The executive director or the executive director's
5-54 designee [board] shall provide to [its] members of the board and to
5-55 the agency [department] employees, as often as [is] necessary,
5-56 information regarding the requirements for office or employment
5-57 [their qualifications] under this chapter, including information
5-58 regarding a person's [and their] responsibilities under applicable
5-59 laws relating to standards of conduct for state officers or
5-60 employees.
5-61 SECTION 1.11. Section 101.022, Human Resources Code, is
5-62 amended to read as follows:
5-63 Sec. 101.022. GENERAL FUNCTIONS OF DEPARTMENT. (a) The
5-64 department shall provide expertise and advice to state agencies and
5-65 the legislature and other elected officials on aging issues,
5-66 including recommendations to meet the needs of this state's
5-67 elderly population.
5-68 (b) The department shall develop and strengthen the services
5-69 available for the aged in the state by coordinating services
6-1 provided by governmental and private agencies and facilities.
6-2 (c) [(b)] The department shall extend and expand services
6-3 for the aged by coordinating the interest and efforts of local
6-4 communities in studying the problems of the aged citizens of this
6-5 state.
6-6 (d) [(c)] The department shall encourage, promote, and aid
6-7 in the establishment of area agencies on aging for the development
6-8 of programs and services on a local level that improve the living
6-9 conditions of the aged by enabling them to more fully enjoy and
6-10 participate in family and community life.
6-11 (e) [(d)] The department shall sponsor voluntary community
6-12 rehabilitation and recreational facilities to improve the general
6-13 welfare of the aged.
6-14 (f) [(e)] The department, through the executive director of
6-15 aging, shall cooperate with state and federal agencies and other
6-16 organizations in conducting studies and surveys on the special
6-17 problems of the aged in matters such as mental and physical health,
6-18 housing, family relationships, employment, income, vocational
6-19 rehabilitation, recreation, transportation, insurance, legal
6-20 rights, and education. The department shall make appropriate
6-21 reports and recommendations to the governor and to state and
6-22 federal agencies.
6-23 (g) The department shall conduct research and long-range
6-24 planning regarding long-term care, community care, and other issues
6-25 that affect elderly individuals.
6-26 (h) The department shall make recommendations to the
6-27 governor, the legislature, and state agencies regarding:
6-28 (1) opportunities to coordinate programs for elderly
6-29 individuals;
6-30 (2) unnecessary duplication in providing services to
6-31 elderly individuals; and
6-32 (3) gaps in services to elderly individuals.
6-33 (i) The department shall cooperate with the Texas Department
6-34 of Housing and Community Affairs to provide affordable housing for
6-35 elderly individuals and for families in which an elderly individual
6-36 is head of the household and shall:
6-37 (1) assess the need for housing for elderly
6-38 individuals and for families in which an elderly individual is head
6-39 of the household in different localities;
6-40 (2) set standards relating to the design and
6-41 construction of housing for elderly individuals;
6-42 (3) provide planning assistance to builders; and
6-43 (4) publicize the availability of the housing program
6-44 to potential developers and residents.
6-45 SECTION 1.12. Subsections (a) and (d), Section 101.024,
6-46 Human Resources Code, are amended to read as follows:
6-47 (a) The department shall disburse state funds appropriated
6-48 for the purpose to local public agencies or private, nonprofit
6-49 corporations that operate programs to recruit elderly [retired]
6-50 persons to perform voluntary community services or that operate
6-51 programs under the National Senior Service Corps [Foster
6-52 Grandparent Programs].
6-53 (d) State funds disbursed under this section may not be used
6-54 to pay compensation to volunteer workers, except for participants
6-55 in the Foster Grandparent and Senior Companion Programs, or for
6-56 purposes other than financing the operation or administration of
6-57 the volunteer programs, but it may be used to defray expenses
6-58 incurred by volunteers in the performance of volunteer work. The
6-59 board by rules may further limit the purposes for which the state
6-60 money may be spent.
6-61 SECTION 1.13. Section 101.0255, Human Resources Code, is
6-62 amended to read as follows:
6-63 Sec. 101.0255. SERVICE STANDARDS AND AGREEMENTS. (a) The
6-64 department and the Texas Department of Human Services, with the
6-65 approval of the Health and Human Services Commission, shall work to
6-66 ensure consistency in service standards, reimbursement rates,
6-67 contract terms, and performance standards used by the respective
6-68 agency in the provision of the same or substantially similar
6-69 services under a community program on aging under Subchapter III,
7-1 Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), or
7-2 the Options for Independent Living program and a community care
7-3 program of the Texas Department of Human Services.
7-4 (b) The [Not later than January 1, 1994, the] department and
7-5 the Texas Department of Human Services, in accordance with federal
7-6 law, including the Older Americans Act of 1965 (42 U.S.C. Section
7-7 3001 et seq.), shall enter into an agreement that allows an area
7-8 agency on aging to[:]
7-9 [(1)] jointly contract with a service provider that is
7-10 under contract with the Texas Department of Human Services to
7-11 provide services under a community care program.[; and]
7-12 (c) If cost-effective, the department shall [(2)] use the
7-13 billing system and audit procedures of the Texas Department of
7-14 Human Services to eliminate unnecessary duplication and to secure
7-15 reduced rates through economies of scale. If required by the Texas
7-16 Department of Human Services, the department shall reimburse the
7-17 Texas Department of Human Services through an interagency contract
7-18 for the cost of any use.
7-19 (d) The department and the Texas Department of Human
7-20 Services shall coordinate the monitoring of providers who contract
7-21 with the respective agency to provide the same or a substantially
7-22 similar service.
7-23 SECTION 1.14. Subchapter B, Chapter 101, Human Resources
7-24 Code, is amended by adding Section 101.0256 to read as follows:
7-25 Sec. 101.0256. COORDINATED ACCESS TO LOCAL SERVICES. The
7-26 department and the Texas Department of Human Services shall develop
7-27 standardized assessment procedures to share information on common
7-28 clients served in a similar service region.
7-29 SECTION 1.15. Subchapter B, Chapter 101, Human Resources
7-30 Code, is amended by adding Section 101.033 to read as follows:
7-31 Sec. 101.033. OLDER AMERICANS ACT; STATE PLAN. (a) The
7-32 department and the Texas Department of Human Services shall jointly
7-33 develop this state's plan on aging, as required by the federal
7-34 Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.) and
7-35 its subsequent amendments.
7-36 (b) The department and the Texas Department of Human
7-37 Services shall jointly conduct a statewide needs assessment for
7-38 long-term care services. The assessment shall include input from:
7-39 (1) area agencies on aging;
7-40 (2) regional and local state agency staff; and
7-41 (3) community-based organizations.
7-42 SECTION 1.16. Subchapter B, Chapter 531, Government Code, is
7-43 amended by adding Section 531.0235 to read as follows:
7-44 Sec. 531.0235. BIENNIAL DISABILITY REPORTS. (a) The
7-45 commissioner shall direct and require the Texas Planning Council
7-46 for Developmental Disabilities, the Governor's Committee on People
7-47 with Disabilities, and the Office for the Prevention of
7-48 Developmental Disabilities to prepare a joint biennial report on
7-49 the state of services to persons with disabilities in this state.
7-50 Not later than December 1 of each even-numbered year, the agencies
7-51 shall submit the report to the commissioner, governor, lieutenant
7-52 governor, and speaker of the house of representatives.
7-53 (b) The commission, Texas Department of Human Services, and
7-54 other health and human services agencies shall cooperate with the
7-55 agencies required to prepare the report under Subsection (a).
7-56 SECTION 1.17. (a) On September 1, 1999:
7-57 (1) all functions and activities relating to home and
7-58 community support services agencies regulation assigned to or
7-59 performed by the Texas Department of Health immediately before that
7-60 date are transferred to the Texas Department of Human Services;
7-61 (2) all employees of the Texas Department of Health
7-62 who primarily perform duties related to home and community support
7-63 services agencies regulation become employees of the Texas
7-64 Department of Human Services, to be assigned duties by the
7-65 commissioner of that department;
7-66 (3) a rule or form adopted by the Texas Department of
7-67 Health that relates to home and community support services agencies
7-68 regulation is a rule or form of the Texas Department of Human
7-69 Services and remains in effect until altered by the agency;
8-1 (4) a reference in law or an administrative rule to
8-2 the Texas Department of Health that relates to home and community
8-3 support services agencies regulation means the Texas Department of
8-4 Human Services;
8-5 (5) a license, permit, or certification in effect that
8-6 was issued by the Texas Department of Health for home and community
8-7 support services agencies regulation is continued in effect as a
8-8 license, permit, or certification of the Texas Department of Human
8-9 Services; and
8-10 (6) a complaint, investigation, or other proceeding
8-11 pending before the Texas Department of Health that is related to
8-12 home and community support services agencies regulation is
8-13 transferred without change in status to the Texas Department of
8-14 Human Services.
8-15 (b) On October 1, 1999:
8-16 (1) all funds, obligations, and contracts of the Texas
8-17 Department of Health related to home and community support services
8-18 agencies regulation are transferred to the Texas Department of
8-19 Human Services; and
8-20 (2) all property and records in the custody of the
8-21 Texas Department of Health related to home and community support
8-22 services agencies regulation and all funds appropriated by the
8-23 legislature for home and community support services agencies
8-24 regulation are transferred to the Texas Department of Human
8-25 Services.
8-26 SECTION 1.18. (a) On September 1, 1999:
8-27 (1) all functions and activities relating to the
8-28 following programs assigned to or performed by the Texas
8-29 Rehabilitation Commission immediately before that date are
8-30 transferred to the Texas Department of Human Services:
8-31 (A) blind/deaf/multiple disability waiver
8-32 program;
8-33 (B) personal attendant services program; and
8-34 (C) the voucher payment pilot project program
8-35 established under Section 22.032, Human Resources Code, as added by
8-36 Chapter 1094, Acts of the 75th Legislature, Regular Session, 1997,
8-37 and Section 22.033, Human Resources Code;
8-38 (2) all employees of the Texas Rehabilitation
8-39 Commission who primarily perform duties related to a program listed
8-40 in Subdivision (1) of this subsection become employees of the Texas
8-41 Department of Human Services, to be assigned duties by the
8-42 commissioner of that department;
8-43 (3) a rule or form adopted by the Texas Rehabilitation
8-44 Commission that relates to a program listed in Subdivision (1) of
8-45 this subsection is a rule or form of the Texas Department of Human
8-46 Services and remains in effect until altered by the agency;
8-47 (4) a reference in law or an administrative rule to
8-48 the Texas Rehabilitation Commission that relates to a program
8-49 listed in Subdivision (1) of this subsection means the Texas
8-50 Department of Human Services;
8-51 (5) a license, permit, or certification in effect that
8-52 was issued by the Texas Rehabilitation Commission for a program
8-53 listed in Subdivision (1) of this subsection is continued in effect
8-54 as a license, permit, or certification of the Texas Department of
8-55 Human Services; and
8-56 (6) a complaint, investigation, or other proceeding
8-57 pending before the Texas Rehabilitation Commission that is related
8-58 to a program listed in Subdivision (1) of this subsection is
8-59 transferred without change in status to the Texas Department of
8-60 Human Services.
8-61 (b) On October 1, 1999:
8-62 (1) all funds, obligations, and contracts of the Texas
8-63 Rehabilitation Commission related to a program listed in Subsection
8-64 (a) of this section are transferred to the Texas Department of
8-65 Human Services; and
8-66 (2) all property and records in the custody of the
8-67 Texas Rehabilitation Commission related to a program listed in
8-68 Subsection (a) of this section and all funds appropriated by the
8-69 legislature for a program listed in Subsection (a) of this section
9-1 are transferred to the Texas Department of Human Services.
9-2 SECTION 1.19. (a) Not later than December 1, 1999, the
9-3 executive director of aging and the commissioners of the Texas
9-4 Department of Human Services, the Texas Department of Mental Health
9-5 and Mental Retardation, and the Health and Human Services
9-6 Commission shall appoint the members of the work group created by
9-7 Section 22.034, Human Resources Code, as added by this Act.
9-8 (b) The work group shall report on the study and
9-9 recommendations required by Subsection (h), Section 22.034, Human
9-10 Resources Code, as added by this Act, to the commissioners of the
9-11 Texas Department of Human Services and the Texas Department of
9-12 Mental Health and Mental Retardation not later than September 1,
9-13 2000.
9-14 SECTION 1.20. (a) The Texas Department of Human Services
9-15 shall study the feasibility of a subacute care pilot project. The
9-16 Health and Human Services Commission and the Texas Department of
9-17 Health shall cooperate with and assist the department in this
9-18 study. In conducting the study, the Texas Department of Human
9-19 Services shall consider:
9-20 (1) estimates of the potential fiscal impact,
9-21 including the potential to save money;
9-22 (2) the impact of subacute care on quality of care;
9-23 (3) reimbursement under the state's reimbursement and
9-24 regulatory policies;
9-25 (4) the capacity of facilities in this state to
9-26 provide subacute care; and
9-27 (5) the impact of subacute care reimbursement on
9-28 Medicaid, including managed care initiatives.
9-29 (b) Not later than September 1, 2000, the Texas Department
9-30 of Human Services shall submit to the Health and Human Services
9-31 Commission a report on the feasibility of a subacute care pilot
9-32 project.
9-33 (c) This section expires September 1, 2001.
9-34 SECTION 1.21. Not later than November 1, 2000, the
9-35 commissioner of health and human services shall evaluate and report
9-36 to the lieutenant governor and the speaker of the house of
9-37 representatives on the results of service coordination between the
9-38 Texas Department on Aging and the Texas Department of Human
9-39 Services under Section 101.0255, Human Resources Code, as amended
9-40 by this Act. The report shall include:
9-41 (1) the amount of administrative consolidation;
9-42 (2) savings from administrative consolidation; and
9-43 (3) documented improvements in client services.
9-44 SECTION 1.22. The changes in law made by this Act to Section
9-45 101.001, Human Resources Code, do not affect the entitlement of a
9-46 member of the Texas Board on Aging serving on the board immediately
9-47 before September 1, 1999, to continue to serve on the board for the
9-48 term to which the member was appointed. As the terms of members of
9-49 the board expire or as vacancies occur on the board, the governor
9-50 shall make appointments to the board to achieve, as soon as
9-51 possible, the membership plan prescribed by Section 101.001, Human
9-52 Resources Code, as amended by this Act.
9-53 SECTION 1.23. (a) The Health and Human Services Commission
9-54 shall evaluate the feasibility of establishing an integrated local
9-55 system of access and services for elderly persons and persons with
9-56 disabilities.
9-57 (b) Not later than November 1, 2000, the Health and Human
9-58 Services Commission shall report to the lieutenant governor and the
9-59 speaker of the house of representatives on the results of the
9-60 study. The report shall include the commission's recommendations
9-61 on how best to achieve integration.
9-62 SECTION 1.24. This article takes effect September 1, 1999.
9-63 ARTICLE 2. LONG-TERM CARE SERVICES; DEPARTMENT
9-64 OF AGING AND DISABILITY SERVICES
9-65 SECTION 2.01. Subdivisions (1), (2), and (3), Section
9-66 11.001, Human Resources Code, are amended to read as follows:
9-67 (1) "Board" means the Texas Board of Aging and
9-68 Disability [Human] Services.
9-69 (2) "Department" means the Texas Department of Aging
10-1 and Disability [Human] Services.
10-2 (3) "Commissioner" means the Commissioner of Aging and
10-3 Disability [Human] Services.
10-4 SECTION 2.02. Section 101.001, Human Resources Code, is
10-5 amended to read as follows:
10-6 Sec. 101.001. DEFINITIONS [DEPARTMENT AND BOARD ON AGING].
10-7 In this chapter:
10-8 (1) "Board" means the Texas Board of Aging and
10-9 Disability Services.
10-10 (2) "Department" means the Texas Department of Aging
10-11 and Disability Services. [(a) The Texas Department on Aging is
10-12 created.]
10-13 [(b) The Texas Board on Aging is created as the governing
10-14 body of the Texas Department on Aging. The board is composed of
10-15 nine members appointed by the governor with the advice and consent
10-16 of the senate. Appointments to the board shall be made without
10-17 regard to the race, color, handicap, sex, religion, age, or
10-18 national origin of the appointees. To be eligible for appointment
10-19 to the board, a person must have demonstrated an interest in and
10-20 knowledge of the problems of aging and must be a member of the
10-21 general public. A person is not eligible for appointment as a
10-22 public member if the person or the person's spouse:]
10-23 [(1) is employed by or participates in the management
10-24 of a business entity or other organization regulated by or
10-25 receiving funds from the department;]
10-26 [(2) owns, controls, or has, directly or indirectly,
10-27 more than a 10 percent interest in a business entity or other
10-28 organization regulated by or receiving funds from the department;
10-29 or]
10-30 [(3) uses or receives a substantial amount of tangible
10-31 goods, services, or funds from the department.]
10-32 [(c) Members of the board serve for staggered terms of six
10-33 years with the terms of three members expiring on February 1 of
10-34 each odd-numbered year. A member may be reappointed to the board.]
10-35 [(d) Members of the board may receive the compensatory per
10-36 diem authorized by the General Appropriations Act for each day
10-37 spent engaged in the performance of their official duties. Board
10-38 members are entitled to reimbursement for actual travel expenses
10-39 incurred in the performance of their duties.]
10-40 [(e) The board shall hold meetings quarterly and may hold
10-41 other meetings called by the chairman. The board shall develop and
10-42 implement policies that will provide the public with a reasonable
10-43 opportunity to appear before the board and to speak on any issue
10-44 under the jurisdiction of the board.]
10-45 SECTION 2.03. Subchapter A, Chapter 101, Human Resources
10-46 Code, is amended by adding Section 101.0015 to read as follows:
10-47 Sec. 101.0015. AGING POLICY COUNCIL. (a) The department
10-48 shall appoint an advisory committee to be known as the Aging Policy
10-49 Council. The council shall advise the department on matters
10-50 related to elderly persons, including policy, research, and
10-51 planning.
10-52 (b) The council consists of nine members appointed by the
10-53 department to serve staggered two-year terms. To be eligible for
10-54 appointment to the council, a person must have demonstrated an
10-55 interest in and knowledge of the problems of aging and must be a
10-56 member of the general public.
10-57 (c) Not later than December 1 of each even-numbered year,
10-58 the council shall prepare a report and submit the report to the
10-59 governor, the lieutenant governor, and the speaker of the house of
10-60 representatives. The report must include:
10-61 (1) consumer satisfaction surveys;
10-62 (2) long-term care insurance use reports;
10-63 (3) demographics; and
10-64 (4) other issues related to elderly persons.
10-65 SECTION 2.04. Subsection (a), Section 101.030, Human
10-66 Resources Code, is amended to read as follows:
10-67 (a) The board [of the Texas Department on Aging], by rule,
10-68 shall adopt a formula that meets the intent of the Older Americans
10-69 Act, as amended, for allocating among area agencies on aging funds
11-1 that the department receives under Title III, federal Older
11-2 Americans Act.
11-3 SECTION 2.05. Section 101.059, Human Resources Code, is
11-4 amended to read as follows:
11-5 Sec. 101.059. REPORTING SYSTEM. The office shall establish
11-6 a statewide ombudsman uniform reporting system to collect and
11-7 analyze information relating to complaints and conditions in
11-8 long-term care facilities as long as such system does not duplicate
11-9 other state reporting systems and shall provide the information to
11-10 the department and the[,] Texas Department of Health[, and Texas
11-11 Department of Human Services].
11-12 SECTION 2.06. The following are repealed:
11-13 (1) Section 101.0011, Human Resources Code;
11-14 (2) Section 101.0012, Human Resources Code, as added
11-15 by Article 1 of this Act;
11-16 (3) Section 101.002, Human Resources Code;
11-17 (4) Section 101.003, Human Resources Code;
11-18 (5) Section 101.0031, Human Resources Code;
11-19 (6) Section 101.004, Human Resources Code;
11-20 (7) Section 101.006, Human Resources Code;
11-21 (8) Section 101.0061, Human Resources Code;
11-22 (9) Section 101.007, Human Resources Code;
11-23 (10) Section 101.008, Human Resources Code;
11-24 (11) Section 101.021, Human Resources Code;
11-25 (12) Section 101.0221, Human Resources Code;
11-26 (13) Section 101.0255, Human Resources Code;
11-27 (14) Section 101.0256, Human Resources Code, as added
11-28 by Article 1 of this Act;
11-29 (15) Section 101.033, Human Resources Code, as added
11-30 by Article 1 of this Act; and
11-31 (16) Subsection (b), Section 101.043, Human Resources
11-32 Code.
11-33 SECTION 2.07. A person who is a member of the Texas Board on
11-34 Aging immediately before this article takes effect, unless
11-35 otherwise removed as provided by law, may continue to serve as a
11-36 member of the Aging Policy Council established by Section 101.0015,
11-37 Human Resources Code, as added by this article until the date on
11-38 which the person's term as a member of the Texas Board on Aging to
11-39 which the person was originally appointed would otherwise expire.
11-40 SECTION 2.08. (a) A reference in a law or rule to the Texas
11-41 Department of Human Services means the Texas Department of Aging
11-42 and Disability Services.
11-43 (b) A reference in a law or rule to the Texas Board of Human
11-44 Services means the Texas Board of Aging and Disability Services.
11-45 (c) A reference in law to the commissioner of the Texas
11-46 Department of Human Services means the commissioner of the Texas
11-47 Department of Aging and Disability Services.
11-48 SECTION 2.09. (a) The Texas Department on Aging is
11-49 abolished.
11-50 (b) On the effective date of this article:
11-51 (1) all powers, duties, functions, and activities
11-52 performed by the Texas Department on Aging immediately before this
11-53 section's effective date are transferred to the Texas Department of
11-54 Aging and Disability Services;
11-55 (2) all employees of the Texas Department on Aging
11-56 become employees of the Texas Department of Aging and Disability
11-57 Services, to be assigned duties by the commissioner of that
11-58 department;
11-59 (3) a rule or form adopted by the Texas Department on
11-60 Aging is a rule or form of the Texas Department of Aging and
11-61 Disability Services and remains in effect until altered by the
11-62 agency;
11-63 (4) a reference in law or an administrative rule to
11-64 the Texas Department on Aging means the Texas Department of Aging
11-65 and Disability Services;
11-66 (5) a license, permit, or certification in effect that
11-67 was issued by the Texas Department on Aging is continued in effect
11-68 as a license, permit, or certification of the Texas Department of
11-69 Aging and Disability Services; and
12-1 (6) a complaint, investigation, or other proceeding
12-2 pending before the Texas Department on Aging is transferred without
12-3 change in status to the Texas Department of Aging and Disability
12-4 Services.
12-5 (c) On the 30th day after the effective date of this
12-6 section:
12-7 (1) all funds, obligations, and contracts of the Texas
12-8 Department on Aging are transferred to the Texas Department of
12-9 Aging and Disability Services; and
12-10 (2) all property and records in the custody of the
12-11 Texas Department on Aging and all funds appropriated by the
12-12 legislature for the Texas Department on Aging are transferred to
12-13 the Texas Department of Aging and Disability Services.
12-14 SECTION 2.10. This article takes effect September 1, 2003.
12-15 ARTICLE 3. EFFECTIVE DATE; EMERGENCY
12-16 SECTION 3.01. Except as otherwise provided by this Act, this
12-17 Act takes effect September 1, 1999.
12-18 SECTION 3.02. If, before implementing any provision of this
12-19 Act, the Texas Department of Human Services or another state agency
12-20 determines that a waiver or authorization from a federal agency is
12-21 necessary for implementation, the department or other state agency
12-22 shall request the waiver or authorization and may delay
12-23 implementing that provision until the waiver or authorization is
12-24 granted.
12-25 SECTION 3.03. The importance of this legislation and the
12-26 crowded condition of the calendars in both houses create an
12-27 emergency and an imperative public necessity that the
12-28 constitutional rule requiring bills to be read on three several
12-29 days in each house be suspended, and this rule is hereby suspended.
12-30 * * * * *