SRC-TJG S.B. 49 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 49
78R999 KLA-DBy: Zaffirini
Health and Human Services
4/7/2003
As Filed


DIGEST AND PURPOSE 

As a result of permanency planning efforts and the family-based
alternatives project, alternatives to institutionalization of children are
being developed.  Families are beginning to consider a variety of
family-based options including: returning the child home,
shared-parenting, and fulltime support from an alternative family.
Currently, both adults and children living in nursing facilities have the
option to use that funding to transition to community settings.  However,
this option is limited to those persons living in nursing facilities.  As
proposed, S.B. 49 requires the Health and Human Services Commission to
take certain actions relating to the transfer of money appropriated for
institutional care for certain children to provide community-based care
services for those children after leaving an instituiton. 

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 Chapter 531B, Government Code, by adding Section
531.064, as follows: 

Sec. 531.064.  TRANSFER OF MONEY FOR COMMUNITY-BASED SERVICES.  (a)
Defines "child" and "institution." 

(b) Requires the Health and Human Services Commission (HHSC) to take
certain actions relating to the transfer of money appropriated for
institutional care for certain children to provide community-based
services for those children. 

(c) Requires HHSC to ensure that the amount transferred under this section
is redirected by the health and human services agencies to one or more
communitybased programs to provide community-based services to the child
after the child leaves the institution. 

SECTION 2.  Requires the agency affected by the provision to request a
waiver or authorization and authorizes the agency to delay implementing
that provision until the waiver or authorization is granted, 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 of that provision. 

SECTION 3.  Effective date: September 1, 2003.