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.