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


Senate Research CenterC.S.S.B. 1742
78R10979 KLA-DBy: Zaffirini
Finance
5/5/2003
Committee Report (Substituted)


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.  C.S.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 provided by any health and human services agency.
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, for each person who lives in a nursing facility but who is
leaving that facility to live in the community with the assistance of
community-based services provided by TDHS. 

(c) Requires TDHS to take certain actions, for each person who lives in a
nursing facility but who is leaving that facility to live in the community
with the assistance of community-based services provided by a health and
human services agency other than TDHS 

(d) Requires TDHS or another health and human services agency to which
money is transferred under this section to ensure that the amount
transferred under Subsection (b)(2) or (c)(2), as applicable, is
redirected to one or more communitybased 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.