By Maxey                                              H.B. No. 1478
         77R4332 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     commissioner of health and human services, the department, [and]
1-11     the Texas Department of Health, and the Texas Department of Mental
1-12     Health and Mental Retardation in developing, implementing, and
1-13     administering family support policies and related [the creation of
1-14     a system for families and children to administer] long-term care
1-15     and health programs for children.
1-16           (b)  The commissioner of health and human services shall
1-17     appoint the members of the work group, which must include the
1-18     following:
1-19                 (1)  a person who is younger than 22 years of age and
1-20     is a consumer of long-term care and health programs for children;
1-21                 (2)  relatives [a relative] of consumers [a consumer]
1-22     of long-term care and health programs for children;
1-23                 (3)  a representative from an organization that is an
1-24     advocate for consumers of long-term care and health programs for
 2-1     children;
 2-2                 (4)  a representative from a state agency that provides
 2-3     long-term care and health programs for children;
 2-4                 (5)  a person from a private entity that provides
 2-5     long-term care and health programs for children;  [and]
 2-6                 (6)  a person with expertise in the availability of
 2-7     funding and the application of funding formulas for children's
 2-8     long-term care and health services;
 2-9                 (7)  a representative from a faith-based organization;
2-10                 (8)  a representative from a nonspecialized community
2-11     services organization; and
2-12                 (9)  a representative from a business that is not
2-13     related to providing services to persons with disabilities.
2-14           (c)  A majority of the members of the work group must be
2-15     composed of relatives of consumers of long-term care and health
2-16     programs for children.
2-17           (d)  A person may not be appointed as a relative of a
2-18     consumer of long-term care and health programs for children if the
2-19     person:
2-20                 (1)  is an employee of a state agency, including the
2-21     department and the Texas Department of Mental Health and Mental
2-22     Retardation, that provides long-term care or health services for
2-23     children; or
2-24                 (2)  contracts with a state agency described by
2-25     Subdivision (1) to provide long-term care or health services for
2-26     children.
2-27           (e)  The department and the Texas Department of Health shall
 3-1     equally provide administrative support, including staff, to the
 3-2     work group.
 3-3           (f) [(d)]  A member of the work group serves at the will of
 3-4     the commissioner of health and human services.
 3-5           (g) [(e)]  The commissioner of health and human services
 3-6     shall appoint a member of the work group to serve as a presiding
 3-7     officer.
 3-8           (h) [(f)]  The work group shall meet at the call of the
 3-9     presiding officer.
3-10           (i) [(g)]  A member of the work group receives no additional
3-11     compensation for serving on the work group.  Consumers and
3-12     relatives of consumers [Persons] serving on the work group shall be
3-13     reimbursed for travel and other expenses necessary for
3-14     participation as provided in the General Appropriations Act.  Other
3-15     members of the work group may not be reimbursed for travel or other
3-16     expenses incurred while conducting the business of the work group.
3-17     Reimbursement under this subsection shall be paid equally out of
3-18     funds appropriated to the department and funds appropriated to the
3-19     Texas Department of Health.
3-20           (j) [(h)]  The work group shall study and make
3-21     recommendations in the following areas:
3-22                 (1)  access of a child or a child's family to effective
3-23     case management services, including case management services with a
3-24     single case manager, parent case managers, or independent case
3-25     managers;
3-26                 (2)  the transition needs of children who reach an age
3-27     at which they are no longer eligible for services at the Texas
 4-1     Department of Health, the Texas Education Agency, and other
 4-2     applicable state agencies;
 4-3                 (3)  the blending of funds, including case management
 4-4     funding, for children needing long-term care and health services;
 4-5                 (4)  collaboration and coordination of children's
 4-6     services between the department, the Texas Department of Health,
 4-7     the Texas Department of Mental Health and Mental Retardation, and
 4-8     any other agency determined to be applicable by the work group;
 4-9     [and]
4-10                 (5)  budgeting and the use of funds appropriated for
4-11     children's long-term care services and children's health services;
4-12                 (6)  services and supports for families providing care
4-13     for children with disabilities;
4-14                 (7)  effective permanency planning for children who
4-15     reside in institutions or who are at risk of placement in an
4-16     institution;
4-17                 (8)  barriers to enforcement of regulations regarding
4-18     institutions that serve children with disabilities; and
4-19                 (9)  the provision of services under the medical
4-20     assistance program to children younger than 23 years of age with
4-21     disabilities or special health care needs under a waiver granted
4-22     under Section 1915(c) of the federal Social Security Act (42 U.S.C.
4-23     Section 1396n(c)) [from the Comprehensive Settlement Agreement and
4-24     Release filed in the case styled The State of Texas v. The American
4-25     Tobacco Co., et al., No. 5-96CV-91, in the United States District
4-26     Court, Eastern District of Texas].
4-27           (k) [(i)]  Not later than September 1 of each even-numbered
 5-1     year, the work group shall report on its findings and
 5-2     recommendations to the legislature and the commissioner of health
 5-3     and human services.
 5-4           (l) [(j)]  After evaluating and considering recommendations
 5-5     reported under Subsection (k) [(i)], the Health and Human Services
 5-6     Commission shall adopt rules to implement guidelines for providing
 5-7     long-term care and health services to children.
 5-8           (m) [(k)]  The work group is not subject to Chapter 2110,
 5-9     Government Code.
5-10           SECTION 2. The commissioner of health and human services
5-11     shall ensure that, not later than January 1, 2002, the composition
5-12     of the membership of the Children's Policy Council complies with
5-13     the requirements of Section 22.035, Human Resources Code, as
5-14     amended by this Act.
5-15           SECTION 3. This Act takes effect September 1, 2001.