77R7355 KLA-D
By Maxey H.B. No. 1478
Substitute the following for H.B. No. 1478:
By Naishtat C.S.H.B. No. 1478
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.