SRC-MKV, S.B. 368 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 368
77R1700 KLA-DBy: Zaffirini
Health & Human Services
2/18/2001
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 368 requires the Health and Human Services Commission to
make permanency planning procedures across health and human agencies more
uniform.  It requires community resource coordination groups to develop
permanency planning for children in nursing homes; both the primary agency
and the parents or guardians to be involved in permanency planning;
agencies to appoint an advocate in certain cases; a child to be placed on a
Medicaid waiver list within 24 hours of being placed in an institution; and
it requires the Department of Human Services (DHS) to include permanency
planning compliance as an item to be included in the DHS survey process for
facilities that serve children. 

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 531.153, Government Code, to add Subsection (b),
as follows: 

(b) Requires the Health and Human Services Commission and other appropriate
health and human services agencies, in developing procedures under
Subsection (a), to develop, to the extent possible, uniform procedures that
promote efficiency for the agencies and stability for each child who is the
subject of a permanency plan. 

SECTION 2.  Amends Section 242.043 (a), Health and Safety Code, to require
the Texas Department of Human Services (department), in each inspection,
survey or investigation of a nursing home in which a child with a
developmental disability resides, to determine the extent to which the
nursing home is complying with the permanency planning requirements under
Subchapter P. 

SECTION 3.  Amends the heading to Chapter 242O, Health and Safety Code, as
added by Chapter 913, Acts of the 75th Legislature, Regular Session, 1997,
to redesignate it as Chapter 242P. 

SECTION 4.  Amends Chapter 242O, Health and Safety Code, as added by
Chapter 913, Acts of the 75th Legislature, Regular Session, 1997, and
redesignates as Subchapter P by this Act, to amend Section 242.804 and add
Sections 242.805, 242.806, and 242.807, as follows: 

Sec. 242.804.  PERMANENCY PLAN.  (a) Requires a community resource
coordination group (coordination group) to establish a permanency plan for
each child with a developmental disability who is placed in an institution,
including a nursing facility licensed under this chapter. 
 
(b) Requires the coordination group to ensure that certain groups and
people are involved in developing the permanency plan for the child. 
  
(c) Requires the coordination group to ensure that the parental rights of
the child's  parents are appropriately protected in developing a permanency
plan for a child. 

Sec. 242.805.  DESIGNATION OF ADVOCATE.  (a)  Requires the department to
designate a person to serve as an advocate  for a child residing in an
institution to assist in developing a permanency plan for the child if the
child's parent or guardian requests the assistance of an advocate or the
institution in which the child is placed cannot locate the child's parent
or guardian. 

(b) Authorizes the person designated by the department to serve as the
child's advocate under this section to be a person selected by the child's
parent or guardian, an adult relative of the child, or a representative of
a child advocacy group. 

Sec. 242.806.  COMMUNITY-BASED SERVICES.  (a) Requires the department to
ensure that, not later than 24 hours after a child is initially placed in
an institution, the child is placed on a waiting list for waiver program
services under Section 1915(c) of the federal Social Security Act as
appropriate to the child's needs. 

(b) Requires the parent or guardian of a child placed on a waiting list
under Subsection (a) to determine whether to accept waiver program services
under Section 1915(c) of the federal Social Security Act for the child when
those services are available. 

Sec. 242.807.  EFFECT ON OTHER LAW.  Provides that this subchapter does not
affect responsibilities imposed by federal or other state law on a
physician or other professional. 

SECTION 5.  Requires that, if before implementing any provision of this Act
a state agency determines that a waiver or authorization from a federal
agency is necessary for implementation, the state agency request the waiver
or authorization and authorizes the delay of implementation of that
provision until the waiver or authorization is granted. 

SECTION 6.  Effective date: September 1, 2001.