SRC-MKV H.B. 1478 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1478
77R7355 KLA-DBy: Maxey (Moncrief)
Health & Human Services
4/27/2001
Engrossed


DIGEST AND PURPOSE 

The 76th Legislature established a work group to assist certain health and
human services agencies in creating a system for family-based long-term
care and health programs. With a time-limited Texas Family Support
Initiative grant from the federal government, the work group was
established and named the Children's Long-Term Care Policy Council. The
work group's goal is to enable children who need longterm care and support
to live with their families, and to develop the potential of these children
as individuals and as integral members of the community. Several states
have formed permanent family support councils to address policy issues
affecting children who need or receive long-term health care and support.
H.B. 1478 continues the work group as the Children's Policy Council and
modifies the council's composition and duties.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.035, Human Resources Code, as follows:

Sec. 22.035.  New heading: CHILDREN'S POLICY COUNCIL.  (a) Adds language to
change the name of the work group to the Children's Policy Council
(council) and to add the Texas Department of Mental Health and Mental
Retardation and the Department of Protective and Regulatory Services to the
list of those entities the council is going to join in developing,
implementing, and administering family support policies and related
long-term care and health programs for children. 

(b) Adds language to include certain people and groups on the list of
members of the work group.  

(c) Requires a majority of the members of the work group to be composed of
relatives of consumers of long-term care and health programs for children. 

(d) Prohibits certain persons from being appointed as a relative of a
consumer of longterm health care and health programs for children. 

(i) Adds language to prohibit other members of the work group from being
reimbursed for travel or other expenses incurred while conducting the
business of the work group. Adds language requiring reimbursement under
this section to be paid equally out of funds appropriated to the Texas
Department of Human Services and funds appropriated to the Texas Department
of Health.   

(j) Adds language to require the work group to study and make
recommendations in the area of access of a child or a child's family to
effective case management services,  including case management services
with a single case manager, parent case managers, or independent case
managers; the transition needs of children who reach an age at which they
are no longer eligible for services at the Texas Department of Health, the
Texas Education Agency, and other applicable state agencies; collaboration
and coordination of children's services between the department, the Texas
Department of Health, the Texas Department of Mental Health and Mental
Retardation, and any other agency determined to be applicable by the work
group; services and supports for families providing care for children with
disabilities; effective permanency planning for children who reside in
institutions or who are at risk of placement in an institution; barriers to
enforcement of regulations regarding institutions that serve children with
disabilities; and the provision of services under the medical assistance
program to children younger than 23 years of age with disabilities or
special health care needs under a waiver granted under Section 1915(c) of
the federal Social Security Act (42 U.S.C. Section 1396n(c)).  Deletes
language relating to the Comprehensive Settlement Agreement and Release
filed in the case styled The State of Texas v. The American Tobacco Co.,
et. al., No. 5 96CV 91, in the United States District Court, Eastern
District of Texas.   

(k) Adds language to require the work group, not later than September 1 of
each evennumbered year, to report on its findings and recommendations to
the legislature and the commissioner of health and human services. 

  (l) Makes a conforming change.

SECTION 2.  Requires the commissioner of health and human services to
ensure that, not later than January 1, 2002, the composition of the
membership of the Children's Policy Council complies with the requirements
of Section 22.035, Human Resources Code, as amended by this Act. 

SECTION 3.  Effective date: September 1, 2001.