HBA-JEK H.B. 1213 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1213 By: Maxey Human Services 2/15/2001 Introduced BACKGROUND AND PURPOSE According to the Health and Human Services Commission (HHSC), there are currently more than 1,200 Texas children with disabilities living in institutions. The Children's Long-Term Care Policy Council under the auspices of HHSC states that disabled children are more likely to thrive or meet their potential when living in a family-based setting. Current law requires HHSC to provide permanency planning with the goal of placing children in a enduring and nurturing parental relationship for each child residing in an institution. However, Texas does not have a specialized system for recruiting and developing family-based alternatives for children residing in institutions or at risk of institutional placement. House Bill 1213 requires HHSC to create and implement a system of family-based alternatives to the institutionalization of children. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1213 amends the Government Code to create a system of family-based alternatives to the institutionalization of children (system) under which a child with a physical or developmental disability who cannot reside with the child's birth family may receive necessary services in a family-based alterative instead of an institution. The bill requires the Health and Human Services Commission (HHSC) to contract with nonprofit or community organizations, including faith-based organizations, for the development and implementation of the system. The system must provide for recruiting and training alternative families to provide services for children and identifying, assessing, and making available the service needs of each child and alternative family. H.B. 1213 requires each affected health and human services agency to cooperate with the contractors and take all action necessary to implement the system, but provides that HHSC has final authority to make any decisions and resolve any disputes regarding the system. The bill requires HHSC, as necessary to implement the system, to ensure that the most appropriate home or community-based Medicaid services (waiver services) are available to each eligible child. HHSC shall require the health and human services agency that is responsible for providing a specific waiver service to a child to also assume responsibility for identifying any necessary transition activities or services. H.B. 1213 requires HHSC to begin implementation of the system in areas of Texas with high numbers of children who reside in institutions. The bill requires HHSC to ensure that the procedures for providing information to a child's parents or a guardian regarding the availability of a family-based alternative permit and encourage the participation of an individual who is not affiliated with the institution in which the child resides or with an institution in which the child could be placed. The bill also requires HHSC to consider and, when appropriate, incorporate current research and recommendations developed by other public and private entities involved in analyzing public policy related to children residing in institutions. H.B. 1213 requires HHSC to report to the legislature on the implementation of the system no later than January 1 of each year, beginning with January 1, 2003. The bill requires HHSC to take all action necessary to ensure that the requests for proposals necessary to implement these family-based alternatives for children are issued as soon as possible after September 1, 2001. The bill also requires HHSC to include implementation timelines in any contract it executes after receiving responses to the proposal requests. EFFECTIVE DATE September 1, 2001.