1-1 By: Maxey (Senate Sponsor - Moncrief) H.B. No. 1478
1-2 (In the Senate - Received from the House April 9, 2001;
1-3 April 9, 2001, read first time and referred to Committee on Health
1-4 and Human Services; May 1, 2001, reported favorably by the
1-5 following vote: Yeas 8, Nays 0; May 1, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the name, composition, and duties of the work group on
1-9 children's long-term care and health programs.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 22.035, Human Resources Code, is amended
1-12 to read as follows:
1-13 Sec. 22.035. [WORK GROUP ON] CHILDREN'S POLICY COUNCIL
1-14 [LONG-TERM CARE AND HEALTH PROGRAMS]. (a) A work group to be known
1-15 as the Children's Policy Council shall [is created to] assist the
1-16 department, the commissioner of health and human services, [the
1-17 department, and] the Texas Department of Health, the Texas
1-18 Department of Mental Health and Mental Retardation, and the
1-19 Department of Protective and Regulatory Services in developing,
1-20 implementing, and administering family support policies and related
1-21 [the creation of a system for families and children to administer]
1-22 long-term care and health programs for children.
1-23 (b) The commissioner of health and human services shall
1-24 appoint the members of the work group, which must include the
1-25 following:
1-26 (1) a person who is younger than 22 years of age and
1-27 is a consumer of long-term care and health programs for children;
1-28 (2) relatives [a relative] of consumers [a consumer]
1-29 of long-term care and health programs for children;
1-30 (3) a representative from an organization that is an
1-31 advocate for consumers of long-term care and health programs for
1-32 children;
1-33 (4) a representative from a state agency that provides
1-34 long-term care and health programs for children;
1-35 (5) a person from a private entity that provides
1-36 long-term care and health programs for children; [and]
1-37 (6) a person from a public entity that provides
1-38 long-term care and health programs for children;
1-39 (7) a person with expertise in the availability of
1-40 funding and the application of funding formulas for children's
1-41 long-term care and health services;
1-42 (8) a representative from a faith-based organization;
1-43 (9) a representative from a nonspecialized community
1-44 services organization; and
1-45 (10) a representative from a business that is not
1-46 related to providing services to persons with disabilities.
1-47 (c) A majority of the members of the work group must be
1-48 composed of relatives of consumers of long-term care and health
1-49 programs for children.
1-50 (d) A person may not be appointed as a relative of a
1-51 consumer of long-term care and health programs for children if the
1-52 person:
1-53 (1) is an employee of a state agency that provides
1-54 long-term care or health services for children; or
1-55 (2) contracts with a state agency described by
1-56 Subdivision (1) to provide long-term care or health services for
1-57 children.
1-58 (e) The department and the Texas Department of Health shall
1-59 equally provide administrative support, including staff, to the
1-60 work group.
1-61 (f) [(d)] A member of the work group serves at the will of
1-62 the commissioner of health and human services.
1-63 (g) [(e)] The commissioner of health and human services
1-64 shall appoint a member of the work group to serve as a presiding
2-1 officer.
2-2 (h) [(f)] The work group shall meet at the call of the
2-3 presiding officer.
2-4 (i) [(g)] A member of the work group receives no additional
2-5 compensation for serving on the work group. Consumers and
2-6 relatives of consumers [Persons] serving on the work group shall be
2-7 reimbursed for travel and other expenses necessary for
2-8 participation as provided in the General Appropriations Act. Other
2-9 members of the work group may not be reimbursed for travel or other
2-10 expenses incurred while conducting the business of the work group.
2-11 Reimbursement under this subsection shall be paid equally out of
2-12 funds appropriated to the department and funds appropriated to the
2-13 Texas Department of Health.
2-14 (j) [(h)] The work group shall study and make
2-15 recommendations in the following areas:
2-16 (1) access of a child or a child's family to effective
2-17 case management services, including case management services with a
2-18 single case manager, parent case managers, or independent case
2-19 managers;
2-20 (2) the transition needs of children who reach an age
2-21 at which they are no longer eligible for services at the Texas
2-22 Department of Health, the Texas Education Agency, and other
2-23 applicable state agencies;
2-24 (3) the blending of funds, including case management
2-25 funding, for children needing long-term care and health services;
2-26 (4) collaboration and coordination of children's
2-27 services between the department, the Texas Department of Health,
2-28 the Texas Department of Mental Health and Mental Retardation, and
2-29 any other agency determined to be applicable by the work group;
2-30 [and]
2-31 (5) budgeting and the use of funds appropriated for
2-32 children's long-term care services and children's health services;
2-33 (6) services and supports for families providing care
2-34 for children with disabilities;
2-35 (7) effective permanency planning for children who
2-36 reside in institutions or who are at risk of placement in an
2-37 institution;
2-38 (8) barriers to enforcement of regulations regarding
2-39 institutions that serve children with disabilities; and
2-40 (9) the provision of services under the medical
2-41 assistance program to children younger than 23 years of age with
2-42 disabilities or special health care needs under a waiver granted
2-43 under Section 1915(c) of the federal Social Security Act (42 U.S.C.
2-44 Section 1396n(c)) [from the Comprehensive Settlement Agreement and
2-45 Release filed in the case styled The State of Texas v. The American
2-46 Tobacco Co., et al., No. 5-96CV-91, in the United States District
2-47 Court, Eastern District of Texas].
2-48 (k) [(i)] Not later than September 1 of each even-numbered
2-49 year, the work group shall report on its findings and
2-50 recommendations to the legislature and the commissioner of health
2-51 and human services.
2-52 (l) [(j)] After evaluating and considering recommendations
2-53 reported under Subsection (k) [(i)], the Health and Human Services
2-54 Commission shall adopt rules to implement guidelines for providing
2-55 long-term care and health services to children.
2-56 (m) [(k)] The work group is not subject to Chapter 2110,
2-57 Government Code.
2-58 SECTION 2. The commissioner of health and human services
2-59 shall ensure that, not later than January 1, 2002, the composition
2-60 of the membership of the Children's Policy Council complies with
2-61 the requirements of Section 22.035, Human Resources Code, as
2-62 amended by this Act.
2-63 SECTION 3. This Act takes effect September 1, 2001.
2-64 * * * * *