By Zaffirini                                           S.B. No. 642
         76R6434 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to coordination of services for adults with multiple
 1-3     disabilities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 531, Government Code, is
 1-6     amended by adding Section 531.051 to read as follows:
 1-7           Sec. 531.051.  MEMORANDUM OF UNDERSTANDING ON SERVICES FOR
 1-8     ADULTS WITH MULTIPLE DISABILITIES.  (a)  The commission, the Texas
 1-9     Commission on Alcohol and Drug Abuse, the Texas Commission for the
1-10     Blind, the Texas Commission for the Deaf and Hard of Hearing, the
1-11     Texas Council on Offenders with Mental Impairments, the Texas
1-12     Education Agency, the Texas Department on Aging, the Texas
1-13     Department of Criminal Justice, the Texas Department of Health, the
1-14     Texas Department of Housing and Community Affairs, the Texas
1-15     Department of Human Services, the Texas Department of Mental Health
1-16     and Mental Retardation, the Department of Protective and Regulatory
1-17     Services, the Texas Rehabilitation Commission, and the Texas
1-18     Workforce Commission shall adopt a joint memorandum of
1-19     understanding to implement a system of local level interagency
1-20     staffing groups to coordinate services for adults with multiple
1-21     disabilities.
1-22           (b)  The memorandum must:
1-23                 (1)  clarify the financial and statutory
1-24     responsibilities of each participating agency in relation to an
 2-1     adult with multiple disabilities;
 2-2                 (2)  include a functional definition of "an adult with
 2-3     multiple disabilities";
 2-4                 (3)  establish procedures for interagency cost sharing
 2-5     and cost sharing with private service providers;
 2-6                 (4)  establish procedures to eliminate duplication of
 2-7     services relating to adults with multiple disabilities and provide
 2-8     for coordinated case management;
 2-9                 (5)  establish procedures for addressing interagency
2-10     disputes relating to areas of service responsibilities;
2-11                 (6)  require that each local level interagency staffing
2-12     group include a local representative of each participating agency;
2-13                 (7)  provide that a participating agency unable to
2-14     provide all necessary services to an adult with multiple
2-15     disabilities may submit the adult's case to the local level
2-16     interagency staffing group for consideration;
2-17                 (8)  provide that a local level interagency staffing
2-18     group meeting may be called by any member of the group;
2-19                 (9)  provide that a member may be excused from
2-20     attending a meeting of a local level interagency staffing group if
2-21     the group determines that the needs of the adult to be considered
2-22     are clearly outside the service responsibilities of the
2-23     participating agency represented by the member;
2-24                 (10)  provide that records used or developed by a
2-25     participating agency that relate to a particular adult with
2-26     multiple disabilities are confidential and may not be released to
2-27     another person or agency except as provided in this section or by
 3-1     other law; and
 3-2                 (11)  provide a procedure that permits participating
 3-3     agencies to share confidential information while preserving the
 3-4     confidential nature of the information.
 3-5           (c)  In developing the memorandum of understanding, the
 3-6     commission and other agencies specified by Subsection (a) shall:
 3-7                 (1)  consult with and solicit input from appropriate
 3-8     advocacy and consumer groups;
 3-9                 (2)  consult with and solicit input from
3-10     representatives of local interagency staffing groups established
3-11     under the memorandum of understanding required by Section 264.003,
3-12     Family Code, regarding the transition of a person receiving
3-13     services from programs for children and youth into programs
3-14     providing services for adults; and
3-15                 (3)  seek to produce a coordinated system for adults
3-16     similar to the coordinated system for multiproblem children and
3-17     youth established under the memorandum of understanding required by
3-18     Section 264.003, Family Code.
3-19           (d)  Not later than the last month of each state fiscal year,
3-20     the participating agencies shall review and update the memorandum
3-21     of understanding required by this section.
3-22           (e)  Each participating agency by rule shall adopt the
3-23     memorandum of understanding and all revisions to the memorandum.
3-24           (f)  The commission shall establish outcome standards to be
3-25     used by the commission in measuring and evaluating the
3-26     effectiveness of the system established under this section.  Each
3-27     participating agency other than the commission shall provide the
 4-1     commission with information relating to the costs of services
 4-2     provided by that agency in accordance with the memorandum of
 4-3     understanding, the sources of funding for those services, and any
 4-4     other information considered necessary by the commission.
 4-5           SECTION 2.  Not later than November 1, 1999, the Health and
 4-6     Human Services Commission and each agency listed in Section
 4-7     531.051, Government Code, as added by this Act, shall adopt the
 4-8     joint memorandum of understanding required by that section.
 4-9           SECTION 3.  Not later than September 1, 2000, the Health and
4-10     Human Services Commission shall submit to the governor and the
4-11     legislature a report relating to the memorandum of understanding
4-12     required by Section 531.051, Government Code, as added by this Act.
4-13     The report must include an evaluation of the effectiveness of the
4-14     system of coordinated services established under the memorandum of
4-15     understanding.
4-16           SECTION 4.  The importance of this legislation and the
4-17     crowded condition of the calendars in both houses create an
4-18     emergency and an imperative public necessity that the
4-19     constitutional rule requiring bills to be read on three several
4-20     days in each house be suspended, and this rule is hereby suspended,
4-21     and that this Act take effect and be in force from and after its
4-22     passage, and it is so enacted.