SRC-TJG S.B. 1742 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1742
By: Zaffirini
Finance
4/11/2003
As Filed


DIGEST AND PURPOSE 

The 77th Texas Legislature authorized the Texas Department of Human
Services (TDHS) to transfer funds from nursing facilities to
community-based programs to serve individuals leaving a nursing facility
to live in the community.  However, the legislation only allowed for the
transfer of funds within TDHS's budget.  As proposed, S.B. 1742 requires
TDHS to quantify the amount appropriated for the biennium to serve an
individual in a nursing facility, but who is leaving the facility before
the end of the biennium to live in the community with the assistance of
community-based services.  This bill also requires TDHS to transfer funds
quantified from the nursing facilities to community waiver programs within
TDHS's budget, or to other health and human services agencies, as needed
to provide services to an individual who leaves a facility to live in the
community with the assistance of community-based services. 

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 22, Human Resources Code, by adding Section
22.006, as follows: 

Sec. 22.006.  TRANSFER OF MONEY FOR COMMUNITY-BASED SERVICES.  (a) Defines
"health and human services agencies." 

(b) Requires the Texas Department of Human Services (TDHS) to take certain
actions. 

(c) Requires TDHS or another health and human services agency to which
money is transferred under this section to ensure that the amount
transferred is redirected to one or more community-based programs to
provide community-based services to the person after the person leaves the
nursing facility. 

SECTION 2.  Authorizes a state agency to delay implementing a provision of
this Act until a requested federal waiver or authorization necessary to
implement that provision is granted. 

SECTION 3.  Effective date: September 1, 2003.