By Maxey                                              H.B. No. 1478
         77R7355 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the name, composition, and duties of the work group on
 1-3     children's long-term care and health programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 22.035, Human Resources Code, is amended
 1-6     to read as follows:
 1-7           Sec. 22.035.  [WORK GROUP ON] CHILDREN'S POLICY COUNCIL
 1-8     [LONG-TERM CARE AND HEALTH PROGRAMS]. (a)  A work group to be known
 1-9     as the Children's Policy Council  shall [is created to] assist the
1-10     department, the commissioner of health and human services, [the
1-11     department, and] the Texas Department of Health, the Texas
1-12     Department of Mental Health and Mental Retardation, and the
1-13     Department of Protective and Regulatory Services in developing,
1-14     implementing, and administering family support policies and related
1-15     [the creation of a system for families and children to administer]
1-16     long-term care and health programs for children.
1-17           (b)  The commissioner of health and human services shall
1-18     appoint the members of the work group, which must include the
1-19     following:
1-20                 (1)  a person who is younger than 22 years of age and
1-21     is a consumer of long-term care and health programs for children;
1-22                 (2)  relatives [a relative] of consumers [a consumer]
1-23     of long-term care and health programs for children;
1-24                 (3)  a representative from an organization that is an
 2-1     advocate for consumers of long-term care and health programs for
 2-2     children;
 2-3                 (4)  a representative from a state agency that provides
 2-4     long-term care and health programs for children;
 2-5                 (5)  a person from a private entity that provides
 2-6     long-term care and health programs for children;  [and]
 2-7                 (6)  a person from a public entity that provides
 2-8     long-term care and health programs for children;
 2-9                 (7)  a person with expertise in the availability of
2-10     funding and the application of funding formulas for children's
2-11     long-term care and health services;
2-12                 (8)  a representative from a faith-based organization;
2-13                 (9)  a representative from a nonspecialized community
2-14     services organization; and
2-15                 (10)  a representative from a business that is not
2-16     related to providing services to persons with disabilities.
2-17           (c)  A majority of the members of the work group must be
2-18     composed of relatives of consumers of long-term care and health
2-19     programs for children.
2-20           (d)  A person may not be appointed as a relative of a
2-21     consumer of long-term care and health programs for children if the
2-22     person:
2-23                 (1)  is an employee of a state agency that provides
2-24     long-term care or health services for children; or
2-25                 (2)  contracts with a state agency described by
2-26     Subdivision (1) to provide long-term care or health services for
2-27     children.
 3-1           (e)  The department and the Texas Department of Health shall
 3-2     equally provide administrative support, including staff, to the
 3-3     work group.
 3-4           (f) [(d)]  A member of the work group serves at the will of
 3-5     the commissioner of health and human services.
 3-6           (g) [(e)]  The commissioner of health and human services
 3-7     shall appoint a member of the work group to serve as a presiding
 3-8     officer.
 3-9           (h) [(f)]  The work group shall meet at the call of the
3-10     presiding officer.
3-11           (i) [(g)]  A member of the work group receives no additional
3-12     compensation for serving on the work group.  Consumers and
3-13     relatives of consumers [Persons] serving on the work group shall be
3-14     reimbursed for travel and other expenses necessary for
3-15     participation as provided in the General Appropriations Act.  Other
3-16     members of the work group may not be reimbursed for travel or other
3-17     expenses incurred while conducting the business of the work group.
3-18     Reimbursement under this subsection shall be paid equally out of
3-19     funds appropriated to the department and funds appropriated to the
3-20     Texas Department of Health.
3-21           (j) [(h)]  The work group shall study and make
3-22     recommendations in the following areas:
3-23                 (1)  access of a child or a child's family to effective
3-24     case management services, including case management services with a
3-25     single case manager, parent case managers, or independent case
3-26     managers;
3-27                 (2)  the transition needs of children who reach an age
 4-1     at which they are no longer eligible for services at the Texas
 4-2     Department of Health, the Texas Education Agency, and other
 4-3     applicable state agencies;
 4-4                 (3)  the blending of funds, including case management
 4-5     funding, for children needing long-term care and health services;
 4-6                 (4)  collaboration and coordination of children's
 4-7     services between the department, the Texas Department of Health,
 4-8     the Texas Department of Mental Health and Mental Retardation, and
 4-9     any other agency determined to be applicable by the work group;
4-10     [and]
4-11                 (5)  budgeting and the use of funds appropriated for
4-12     children's long-term care services and children's health services;
4-13                 (6)  services and supports for families providing care
4-14     for children with disabilities;
4-15                 (7)  effective permanency planning for children who
4-16     reside in institutions or who are at risk of placement in an
4-17     institution;
4-18                 (8)  barriers to enforcement of regulations regarding
4-19     institutions that serve children with disabilities; and
4-20                 (9)  the provision of services under the medical
4-21     assistance program to children younger than 23 years of age with
4-22     disabilities or special health care needs under a waiver granted
4-23     under Section 1915(c) of the federal Social Security Act (42 U.S.C.
4-24     Section 1396n(c)) [from the Comprehensive Settlement Agreement and
4-25     Release filed in the case styled The State of Texas v. The American
4-26     Tobacco Co., et al., No. 5-96CV-91, in the United States District
4-27     Court, Eastern District of Texas].
 5-1           (k) [(i)]  Not later than September 1 of each even-numbered
 5-2     year, the work group shall report on its findings and
 5-3     recommendations to the legislature and the commissioner of health
 5-4     and human services.
 5-5           (l) [(j)]  After evaluating and considering recommendations
 5-6     reported under Subsection (k) [(i)], the Health and Human Services
 5-7     Commission shall adopt rules to implement guidelines for providing
 5-8     long-term care and health services to children.
 5-9           (m) [(k)]  The work group is not subject to Chapter 2110,
5-10     Government Code.
5-11           SECTION 2. The commissioner of health and human services
5-12     shall ensure that, not later than January 1, 2002, the composition
5-13     of the membership of the Children's Policy Council complies with
5-14     the requirements of Section 22.035, Human Resources Code, as
5-15     amended by this Act.
5-16           SECTION 3. This Act takes effect September 1, 2001.