78R1576 KLA-D
By: Janek S.B. No. 1421
A BILL TO BE ENTITLED
AN ACT
relating to the provision of health and human services in this
state, including the powers and duties of the Health and Human
Services Commission and other state agencies; providing civil and
criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. HEALTH AND HUMAN SERVICES COMMISSION
SECTION 1.01. Section 531.001(4), Government Code, as
amended by Chapters 53, 957, and 1420, Acts of the 77th Legislature,
Regular Session, 2001, is reenacted and amended to read as follows:
(4) "Health and human services agencies" includes the:
(A) Department for Children and Families
[Interagency Council on Early Childhood Intervention];
(B) [Texas] Department on Aging;
(C) Department for Persons with Disabilities
[Texas Commission on Alcohol and Drug Abuse]; and
(D) Department for Health and Mental Health
[Texas Commission for the Blind;
[(E) Texas Commission for the Deaf and Hard of
Hearing;
[(F) Texas Department of Health;
[(G) Texas Department of Human Services;
[(H) Texas Department of Mental Health and Mental
Retardation;
[(I) Texas Rehabilitation Commission;
[(J) Department of Protective and Regulatory
Services; and
[(K) Texas Health Care Information Council].
SECTION 1.02. Section 531.004, Government Code, is amended
to read as follows:
Sec. 531.004. SUNSET PROVISION. The Health and Human
Services Commission is subject to Chapter 325 (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
commission is abolished and this chapter expires September 1, 2009
[2007].
SECTION 1.03. Section 531.0055, Government Code, is amended
to read as follows:
Sec. 531.0055. COMMISSIONER: GENERAL RESPONSIBILITY FOR
[RELATING TO CERTAIN FUNCTIONS OF] HEALTH AND HUMAN SERVICES
AGENCIES. (a) In this section and in Section 531.0056, "agency
director"[:
[(1) "Agency director"] means the [director,]
executive director[, or commissioner] of a health and human
services agency.
[(2) "Policymaking body" means the board or commission
with policymaking authority over a health and human services
agency.]
(b) The commission shall:
(1) supervise the administration and operation of the
Medicaid program, including the administration and operation of the
Medicaid managed care system in accordance with Section 531.021;
(2) perform [supervise] information systems planning
and management for health and human services agencies under Section
531.0273, with the provision of information technology services at
health and human services agencies considered to be a centralized
administrative support service either performed by commission
personnel or performed under a contract with the commission;
(3) monitor and ensure the effective use of all
federal funds received by a health and human services agency in
accordance with Section 531.028 and the General Appropriations Act;
and
(4) implement Texas Integrated Enrollment Services as
required by Subchapter F, except that notwithstanding Subchapter F,
determining eligibility for benefits under the following programs
is the responsibility of and must be centralized by the commission:
(A) the children's health insurance program
under Chapter 62, Health and Safety Code;
(B) the financial assistance program under
Chapter 31, Human Resources Code, including the earned income
disregard;
(C) the medical assistance program under Chapter
32, Human Resources Code; and
(D) the nutritional assistance programs under
Chapter 33, Human Resources Code.
(c) The [After implementation of the commission's duties
under Subsection (b), the] commission shall implement the powers
and duties given to the commission under Sections 531.0246,
531.0247, 2155.144, [as added by Chapter 1045, Acts of the 75th
Legislature, Regular Session, 1997,] and 2167.004.
(d) After implementation of the commission's duties under
Subsections (b) and (c), the commission shall implement the powers
and duties given to the commission under Section 531.0248. Nothing
in the priorities established by this section is intended to limit
the authority of the commission to work simultaneously to achieve
the multiple tasks assigned to the commission in this section, when
such an approach is beneficial in the judgment of the commission.
The commission shall plan and implement an efficient and effective
centralized system of administrative support services for health
and human services agencies. The performance of administrative
support services for health and human services agencies is the
responsibility of the commission. The term "administrative support
services" includes, but is not limited to, strategic planning and
evaluation, audit, legal, human resources, purchasing, contract
management, financial management, and accounting services.
(e) Notwithstanding any other law, the commissioner shall
adopt rules and policies for the operation of and provision of
health and human services by the health and human services
agencies. In addition, the commissioner, as necessary to perform
the functions described by Subsections (b), (c), and (d) in
implementation of applicable [the] policies established for an
agency by the commissioner [each agency's policymaking body],
shall:
(1) manage and direct the operations of each health
and human services agency; and
(2) supervise and direct the activities of each agency
director.
(f) The operational authority and responsibility of the
commissioner for purposes of Subsection (e) at each health and
human services agency includes authority over and responsibility
for the:
(1) management of the daily operations of the agency,
including the organization and management of the agency and agency
operating procedures;
(2) allocation of resources within the agency,
including use of federal funds received by the agency;
(3) personnel and employment policies;
(4) contracting, purchasing, and related policies,
subject to this chapter and other laws relating to contracting and
purchasing by a state agency;
(5) information resources systems used by the agency;
(6) location of agency facilities; and
(7) coordination of agency activities with activities
of other state agencies, including other health and human services
agencies.
(g) Notwithstanding any other law, the operational
authority and responsibility of the commissioner for purposes of
Subsection (e) at each health and human services agency includes
the authority and responsibility to adopt or approve, subject to
applicable limitations, any rate of payment or similar provision
required by law to be adopted or approved by the agency.
(h) For each health and human services agency, the
commissioner shall implement a program to evaluate and supervise
the daily operations of the agency. The program must include
measurable performance objectives for each agency director and
adequate reporting requirements to permit the commissioner to
perform the duties assigned to the commissioner under this section.
(i) To facilitate the operations of a health and human
services agency in accordance with this section, the commissioner
may delegate a specific power or duty given under Subsection (f) or
(g) to an agency director. The agency director acts on behalf of
and reports to the commissioner in performing the delegated
function.
(j) The commissioner shall [may] adopt rules to implement
the commissioner's authority under this section.
(k) The commissioner and each agency director shall enter
into a memorandum of understanding in the manner prescribed by
Section 531.0164 that:
(1) clearly defines the responsibilities of the agency
director and the commissioner, including:
(A) the responsibility of the agency director to
report to and implement policies of the commissioner; and
(B) the extent to which the agency director acts
as a liaison between the agency and the commission;
(2) establishes the program of evaluation and
supervision of daily operations required by Subsection (h); and
(3) describes each delegation of a power or duty made
under Subsection (i) or other law.
(l) Notwithstanding any other law, the commissioner
[provision of this section, a policymaking body] has the authority
[provided by law] to adopt policies and rules governing the
delivery of services to persons who are served by each health and
human services [the] agency and the rights and duties of persons who
are served or regulated by each [the] agency. [The commissioner and
each policymaking body shall enter into a memorandum of
understanding that clearly defines:
[(1) the policymaking authority of the policymaking
body; and
[(2) the operational authority of the commissioner.]
SECTION 1.04. Section 531.0056, Government Code, is amended
to read as follows:
Sec. 531.0056. EMPLOYMENT OF AGENCY DIRECTOR. (a) The
commissioner shall hire an agency director for each health and
human services agency [This section applies only to an agency
director employed by the commissioner].
(b) The agency director shall serve at the pleasure of the
commissioner [An agency director employed by the commissioner may
be employed only with the concurrence of the agency's policymaking
body and the approval of the governor].
(c) In addition to the requirements of [As established in]
Section 531.0055(k)(1), the memorandum of understanding between
the commissioner and agency director required by that section must
[shall enter into a memorandum of understanding that] clearly
define [defines] the [responsibilities of the agency director and
may establish] terms [and conditions] of the agency director's
employment [in the memorandum of understanding].
(d) The terms of the memorandum of understanding shall
outline specific performance objectives, as defined [jointly] by
the commissioner [and the policymaking body], to be fulfilled by
the agency director, including the performance objectives outlined
in Section 531.0055(h).
(e) Based upon the performance objectives outlined in the
memorandum of understanding, the commissioner shall perform an
employment evaluation of the agency director.
[(f) The commissioner shall submit the evaluation, along
with any recommendation regarding the employment of the agency
director, to the agency's policymaking body and the governor not
later than January 1 of each even-numbered year.
[(g) The policymaking body shall consider the evaluation in
a meeting of the policymaking body and take necessary action, if
any, not later than 90 days after the date of the receipt of the
evaluation.
[(h) An agency director employed by the commissioner serves
at the pleasure of the commissioner but may be discharged only with
the concurrence of the agency's policymaking body.]
SECTION 1.05. Subchapter A, Chapter 531, Government Code,
is amended by adding Sections 531.0161, 531.0162, 531.0163,
531.0164, and 531.0165 to read as follows:
Sec. 531.0161. NEGOTIATED RULEMAKING AND ALTERNATIVE
DISPUTE PROCEDURES. (a) The commission shall develop and
implement a policy, for the commission and each health and human
services agency, to encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008 for the adoption of commission rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009 to assist in the resolution of
internal and external disputes under the commission's or agency's
jurisdiction.
(b) The procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
Sec. 531.0162. USE OF TECHNOLOGY. (a) The commission shall
develop and implement a policy requiring the executive director and
employees of each health and human services agency to research and
propose appropriate technological solutions to improve the
agency's ability to perform its functions. The technological
solutions must:
(1) ensure that the public is able to easily find
information about a health and human services agency on the
Internet;
(2) ensure that persons who want to use a health and
human services agency's services are able to:
(A) interact with the agency through the
Internet; and
(B) access any service that can be provided
effectively through the Internet; and
(3) be cost-effective and developed through the
commission's planning process.
(b) The commission shall develop and implement a policy
described by Subsection (a) in relation to the commission's
functions.
Sec. 531.0163. PURCHASING. Notwithstanding any other law,
the commission shall make all purchases for health and human
services agencies. The commission may delegate purchasing
authority to a health and human services agency under circumstances
in which the commission determines that it is not cost-effective
for the commission to make the purchases. If the commission
delegates purchasing authority to a health and human services
agency, the agency shall comply with Section 2155.144.
Sec. 531.0164. MEMORANDUM OF UNDERSTANDING. (a) The
memorandum of understanding under Section 531.0055(k) must be
adopted by the commissioner by rule in accordance with the
procedures prescribed by Subchapter B, Chapter 2001, for adopting
rules, except that the requirements of Section 2001.033(a)(1)(A) or
(C) do not apply with respect to any part of the memorandum of
understanding that:
(1) concerns only internal management or organization
within or among health and human services agencies and does not
affect private rights or procedures; or
(2) relates solely to the internal personnel practices
of health and human services agencies.
(b) The memorandum of understanding may be amended only by
following the procedures prescribed under Subsection (a).
Sec. 531.0165. TRANSFER OF PROGRAMS AND FUNCTIONS;
COORDINATION. (a) The commission may:
(1) assign responsibility for all or part of a health
and human services program or function to the commission or any
health and human services agency;
(2) transfer all or part of a health and human services
program or function to the commission or one or more health and
human services agencies and may require that health and human
services agencies cooperate as necessary to administer the program
or function; and
(3) transfer amounts appropriated to the commission or
a health and human services agency as necessary for an assignment or
transfer.
(b) A decision of the commissioner shall resolve any
conflict between the health and human services agencies.
(c) If the commissioner transfers all or part of a program
or function to the commission or one or more health and human
services agencies, the commissioner and the executive director of
each affected agency shall amend the memorandum of understanding
required by Section 531.0055(k) to reflect any change in
responsibilities that results from the transfer.
SECTION 1.06. Subchapter B, Chapter 531, Government Code,
is amended by adding Section 531.0224 to read as follows:
Sec. 531.0224. PLANNING AND POLICY DIRECTION OF TEMPORARY
ASSISTANCE FOR NEEDY FAMILIES PROGRAM. The commission shall:
(1) plan and direct the financial assistance program
under Chapter 31, Human Resources Code, including the procurement,
management, and monitoring of contracts necessary to implement the
program;
(2) adopt rules and standards governing the financial
assistance program under Chapter 31, Human Resources Code, in
consultation with the advisory boards of the agencies that operate
the program, including rules for determining eligibility for and
the amount and duration of an earned income disregard; and
(3) establish requirements for and define the scope of
the ongoing evaluation of the financial assistance program under
Chapter 31, Human Resources Code.
SECTION 1.07. Sections 531.0057, 531.034, and 531.0345,
Government Code, are repealed.
ARTICLE 2. HEALTH AND HUMAN SERVICES AGENCIES
SECTION 2.01. The Health and Safety Code is amended by
adding Title 12 to read as follows:
TITLE 12. HEALTH AND MENTAL HEALTH
SUBTITLE A. HEALTH AND MENTAL HEALTH SERVICES
CHAPTER 1001. DEPARTMENT FOR HEALTH AND MENTAL HEALTH
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1001.001. DEFINITIONS. In this chapter:
(1) "Advisory board" means the advisory board for
health and mental health.
(2) "Agency" means the Department for Health and
Mental Health.
(3) "Commission" means the Health and Human Services
Commission.
(4) "Commissioner" means the commissioner of health
and human services.
(5) "Executive director" means the executive director
of the agency.
Sec. 1001.002. AGENCY. The agency is an agency of the
state.
Sec. 1001.003. SUNSET PROVISION. The agency is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the agency is abolished
and this chapter expires September 1, 2009.
[Sections 1001.004-1001.020 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 1001.021. ADVISORY BOARD FOR HEALTH AND MENTAL HEALTH.
(a) The advisory board for health and mental health is created to
assist the commissioner in developing rules and policies for the
agency.
(b) The advisory board is composed of seven members
appointed by the governor. To be eligible for appointment to the
advisory board, a person must have demonstrated an interest in and
knowledge of problems and available services related to public
health and mental health, including those concerning substance
abuse. The members must include the following:
(1) two members of the general public;
(2) a person with experience in public health matters;
(3) a person with experience in regulating health or
hospital facilities and services;
(4) a person with experience in mental health
services;
(5) a person with experience in substance abuse
services; and
(6) a person with experience in professional
licensing.
(c) A person may not be a public member of the advisory board
if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of health, mental health, or
substance abuse services;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the agency;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the agency; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the agency other than reimbursement
authorized by law for advisory board membership, attendance, or
expenses.
(d) The advisory board shall study and make recommendations
to the executive director regarding the management and operation of
the agency, including policies and rules governing the delivery of
services to persons who are served by the agency and the rights and
duties of persons who are served or regulated by the agency.
(e) Chapter 551, Government Code, applies to the advisory
board.
(f) Chapter 2110, Government Code, does not apply to the
advisory board.
Sec. 1001.022. APPOINTMENTS. (a) Appointments to the
advisory board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
(b) To the extent possible, appointments to the advisory
board shall be made so that the ethnic and geographic diversity of
the state is reflected on the board.
Sec. 1001.023. CONFLICTS OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the advisory board and
may not be an agency employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health,
mental health, or substance abuse services; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health,
mental health, or substance abuse services.
(c) A person may not be a member of the advisory board if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the agency.
Sec. 1001.024. TRAINING PROGRAM FOR ADVISORY BOARD MEMBERS.
(a) A person who is appointed as a member of the advisory board may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the advisory board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the agency and the
advisory board;
(2) the programs operated by the agency;
(3) the role and functions of the agency and the
advisory board, including detailed information regarding:
(A) the division of authority and of
responsibility between the executive director and the
commissioner; and
(B) the advisory responsibilities of the
advisory board;
(4) the rules of the commissioner applicable to the
agency, with an emphasis on the rules that relate to disciplinary
and investigatory authority;
(5) the current budget for the agency;
(6) the results of the most recent formal audit of the
agency;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
commissioner or the Texas Ethics Commission.
Sec. 1001.025. TERMS. (a) Advisory board members serve for
staggered six-year terms with the terms of two or three members
expiring February 1 of each odd-numbered year.
(b) A member of the advisory board may not serve more than
two consecutive full terms as a board member.
Sec. 1001.026. VACANCY. The governor by appointment shall
fill the unexpired term of a vacancy on the advisory board.
Sec. 1001.027. PRESIDING OFFICER; OTHER OFFICERS;
MEETINGS. (a) The governor shall designate a member of the
advisory board as the presiding officer to serve in that capacity at
the pleasure of the governor.
(b) The members of the advisory board shall elect any other
necessary officers.
(c) The advisory board shall meet quarterly and at other
times at the call of the presiding officer. The board may hold
meetings in different areas of the state.
Sec. 1001.028. REIMBURSEMENT FOR EXPENSES. An advisory
board member may not receive compensation for service as a member of
the advisory board but is entitled to reimbursement for travel
expenses incurred by the member while conducting the business of
the advisory board as provided by the General Appropriations Act.
Sec. 1001.029. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
(a) The executive director, with the advice of the advisory board,
shall prepare information of public interest describing the
functions of the agency and the procedures by which complaints are
filed with and resolved by the agency. The agency shall make the
information available to the public and appropriate state
governmental entities.
(b) The commissioner by rule shall establish methods by
which consumers and service recipients are notified of the name,
mailing address, and telephone number of the agency for directing
complaints to the agency.
Sec. 1001.030. PUBLIC ACCESS AND TESTIMONY. The
commissioner shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the advisory
board or commissioner and to speak on any issue under the
jurisdiction of the agency.
Sec. 1001.031. POLICYMAKING AND MANAGEMENT
RESPONSIBILITIES. The commissioner, with the advice of the
advisory board, shall develop and the agency shall implement
policies that clearly delineate the policymaking responsibilities
of the commissioner from the management responsibilities of the
commission, the executive director, and the staff of the agency.
Sec. 1001.032. ANNUAL REPORT. (a) The executive director
shall file annually with the commissioner a complete and detailed
written report accounting for all funds received and disbursed by
the agency during the preceding fiscal year.
(b) The annual report must be in the form and be reported in
the time provided by the commissioner.
Sec. 1001.033. OFFICES. The agency shall maintain its
central office in Austin. The agency may maintain offices in other
areas of the state as necessary.
[Sections 1001.034-1001.050 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 1001.051. EXECUTIVE DIRECTOR. (a) The commissioner
shall appoint an executive director, who is to be selected
according to education, training, experience, and demonstrated
ability.
(b) The executive director serves at the pleasure of the
commissioner.
(c) The executive director shall act as the agency's chief
administrative officer and as a liaison between the agency and
commission.
(d) The executive director shall administer this chapter
under operational policies established by the commissioner and in
accordance with the memorandum of understanding under Section
531.0055(k), Government Code, between the executive director and
the commissioner, as adopted by rule.
Sec. 1001.052. PERSONNEL. (a) The agency may employ,
compensate, and prescribe the duties of personnel necessary and
suitable to administer this chapter.
(b) The commissioner shall prepare and by rule adopt
personnel standards.
(c) A personnel position may be filled only by an individual
selected and appointed on a nonpartisan merit basis.
(d) The commissioner, with the advice of the advisory board,
shall develop and the agency shall implement policies that clearly
define the responsibilities of the staff of the agency.
Sec. 1001.053. INFORMATION ABOUT QUALIFICATIONS AND
STANDARDS OF CONDUCT. The executive director or the executive
director's designee shall provide to agency employees, as often as
necessary, information regarding the requirements for employment
under this chapter or rules adopted by the commissioner, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state employees.
Sec. 1001.054. MERIT PAY. Subject to rules adopted by the
commissioner, the executive director or the executive director's
designee shall develop a system of annual performance evaluations.
All merit pay for agency employees must be given under the system
established under this section or under rules adopted by the
commissioner.
Sec. 1001.055. CAREER LADDER. The executive director or
the executive director's designee shall develop an intra-agency
career ladder program. The program must require intra-agency
postings of all nonentry-level positions concurrently with any
public posting.
Sec. 1001.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)
Subject to rules adopted by the commissioner, the executive
director or the executive director's designee shall prepare and
maintain a written policy statement that implements a program of
equal employment opportunity to ensure that all personnel decisions
are made without regard to race, color, disability, sex, religion,
age, or national origin.
(b) Unless the following are included in a policy statement
adopted by the commissioner that is applicable to the agency, the
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the agency to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the agency's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the state Commission on Human Rights
for compliance with Subsection (b)(1); and
(3) filed with the governor's office.
Sec. 1001.057. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to agency employees information and training on the
benefits and methods of participation in the state employee
incentive program.
[Sections 1001.058-1001.070 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF AGENCY
Sec. 1001.071. GENERAL POWERS AND DUTIES OF AGENCY RELATED
TO HEALTH CARE. The agency is responsible for administering human
services programs regarding the public health, including:
(1) implementing the state's health care delivery
programs;
(2) administering state health facilities, hospitals,
and health care systems;
(3) developing and providing health care services, as
directed by law;
(4) providing for the prevention and control of
communicable diseases;
(5) providing public education on health-related
matters, as directed by law;
(6) compiling and reporting health-related
information, as directed by law;
(7) acting as the lead agency for implementation of
state policies regarding the human immunodeficiency virus and
acquired immunodeficiency syndrome;
(8) administering state programs related to cancer,
including the Texas Cancer Plan;
(9) investigating the causes of injuries and methods
of prevention;
(10) administering a grant program to provide
appropriated money to counties, municipalities, public health
districts, and other political subdivisions for their use to
provide or pay for essential public health services;
(11) licensing, permitting, or certifying, and
enforcing regulations regarding:
(A) youth camps;
(B) home and community support services;
(C) industrial homework;
(D) renderers;
(E) tanning facilities;
(F) tattoo and body piercing studios;
(G) migrant labor housing facilities; and
(H) other facilities or businesses as directed by
law;
(12) administering the registration of vital
statistics;
(13) licensing, inspecting, and enforcing regulations
regarding health facilities;
(14) implementing established standards and
procedures for the management and control of sanitation and for
health protection measures;
(15) enforcing regulations regarding radioactive
materials;
(16) enforcing regulations regarding food, bottled
and vended drinking water, drugs, cosmetics, and health devices;
(17) enforcing regulations regarding food service
establishments, retail food stores, mobile food units, and roadside
food vendors;
(18) enforcing regulations regarding controlling
hazardous substances in households and workplaces; and
(19) licensing professionals and other persons who
provide health-related services.
Sec. 1001.072. GENERAL POWERS AND DUTIES OF AGENCY RELATED
TO MENTAL HEALTH. The agency is responsible for administering
human services programs regarding mental health, including:
(1) coordinating mental health services at the local
and state level;
(2) operating the state's mental health facilities;
(3) inspecting, licensing, and enforcing regulations
regarding mental health facilities; and
(4) licensing professionals and other persons who
provide mental health treatment services.
Sec. 1001.073. GENERAL POWERS AND DUTIES OF AGENCY RELATED
TO SUBSTANCE ABUSE. The agency is responsible for administering
human services programs regarding substance abuse, including:
(1) administering and coordinating substance abuse
prevention and treatment programs at the state and local level;
(2) inspecting, licensing, and enforcing regulations
regarding substance abuse treatment facilities;
(3) providing public education on substance abuse
issues, as directed by law; and
(4) licensing professionals and other persons who
provide substance abuse treatment services.
Sec. 1001.074. ADMINISTRATION OF OTHER HEALTH, MENTAL
HEALTH, OR SUBSTANCE ABUSE PROGRAMS AND SERVICES. The agency shall
administer other programs and services related to health, mental
health, or substance abuse that the commissioner delegates to the
agency as the commissioner determines necessary to efficiently
provide those services in this state.
Sec. 1001.075. INFORMATION REGARDING COMPLAINTS. (a) The
agency shall maintain a file on each written complaint filed with
the agency. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the agency;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint.
(b) The agency shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commissioner's and the agency's policies and procedures
relating to complaint investigation and resolution.
(c) The agency, at least quarterly until final disposition
of the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Sec. 1001.076. RULES. The commissioner may adopt rules
reasonably necessary for the agency to administer this chapter,
consistent with the memorandum of understanding under Section
531.0055(k), Government Code, between the executive director and
the commissioner, as adopted by rule.
SECTION 2.02. The Human Resources Code is amended by adding
Title 11 to read as follows:
TITLE 11. SERVICES FOR CHILDREN, FAMILIES, AND THE AGING AND
DISABLED
SUBTITLE A. SERVICES FOR CHILDREN AND FAMILIES
CHAPTER 161. DEPARTMENT FOR CHILDREN AND FAMILIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 161.001. DEFINITIONS. In this chapter:
(1) "Advisory board" means the advisory board for
child and family services.
(2) "Agency" means the Department for Children and
Families.
(3) "Commission" means the Health and Human Services
Commission.
(4) "Commissioner" means the commissioner of health
and human services.
(5) "Executive director" means the executive director
of the agency.
Sec. 161.002. AGENCY. The agency is an agency of the state.
Sec. 161.003. SUNSET PROVISION. The agency is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the agency is abolished
and this chapter expires September 1, 2009.
[Sections 161.004-161.020 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 161.021. ADVISORY BOARD FOR CHILD AND FAMILY SERVICES.
(a) The advisory board for child and family services is created to
assist the commissioner in developing rules and policies for the
agency.
(b) The advisory board is composed of seven members
appointed by the governor. To be eligible for appointment to the
advisory board, a person must have demonstrated an interest in and
knowledge of problems faced by and services available to children
and families. The members must include the following:
(1) two members of the general public;
(2) a person with experience in child protective
services;
(3) a person with experience in family violence
services;
(4) a person with experience in services available to
children at risk of engaging in delinquent conduct or conduct
indicating a need for supervision and children adjudged to be
delinquent;
(5) a person with experience in managing correctional
facilities for children; and
(6) a person with other specialized knowledge in
providing services to children and families.
(c) A person may not be a public member of the advisory board
if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of human services for children and
families;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the agency;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the agency; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the agency other than reimbursement
authorized by law for advisory board membership, attendance, or
expenses.
(d) The advisory board shall study and make recommendations
to the executive director regarding the management and operation of
the agency, including policies and rules governing the delivery of
services to persons who are served by the agency and the rights and
duties of persons who are served or regulated by the agency.
(e) Chapter 551, Government Code, applies to the advisory
board.
(f) Chapter 2110, Government Code, does not apply to the
advisory board.
Sec. 161.022. APPOINTMENTS. (a) Appointments to the
advisory board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
(b) To the extent possible, appointments to the advisory
board shall be made so that the ethnic and geographic diversity of
the state is reflected on the board.
Sec. 161.023. CONFLICTS OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the advisory board and
may not be an agency employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of human
services for children and families; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of human
services for children and families.
(c) A person may not be a member of the advisory board if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the agency.
Sec. 161.024. TRAINING PROGRAM FOR ADVISORY BOARD MEMBERS.
(a) A person who is appointed as a member of the advisory board may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the advisory board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the agency and the
advisory board;
(2) the programs operated by the agency;
(3) the role and functions of the agency and the
advisory board, including detailed information regarding:
(A) the division of authority and of
responsibility between the executive director and the
commissioner; and
(B) the advisory responsibilities of the
advisory board;
(4) the rules of the commissioner applicable to the
agency, with an emphasis on the rules that relate to disciplinary
and investigatory authority;
(5) the current budget for the agency;
(6) the results of the most recent formal audit of the
agency;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
commissioner or the Texas Ethics Commission.
Sec. 161.025. TERMS. (a) Advisory board members serve for
staggered six-year terms with the terms of two or three members
expiring February 1 of each odd-numbered year.
(b) A member of the advisory board may not serve more than
two consecutive full terms as a board member.
Sec. 161.026. VACANCY. The governor by appointment shall
fill the unexpired term of a vacancy on the advisory board.
Sec. 161.027. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS.
(a) The governor shall designate a member of the advisory board as
the presiding officer to serve in that capacity at the pleasure of
the governor.
(b) The members of the advisory board shall elect any other
necessary officers.
(c) The advisory board shall meet quarterly and at other
times at the call of the presiding officer. The board may hold
meetings in different areas of the state.
Sec. 161.028. REIMBURSEMENT FOR EXPENSES. An advisory
board member may not receive compensation for service as a member of
the advisory board but is entitled to reimbursement for travel
expenses incurred by the member while conducting the business of
the advisory board as provided by the General Appropriations Act.
Sec. 161.029. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
(a) The executive director, with the advice of the advisory board,
shall prepare information of public interest describing the
functions of the agency and the procedures by which complaints are
filed with and resolved by the agency. The agency shall make the
information available to the public and appropriate state
governmental entities.
(b) The commissioner by rule shall establish methods by
which consumers and service recipients are notified of the name,
mailing address, and telephone number of the agency for directing
complaints to the agency.
Sec. 161.030. PUBLIC ACCESS AND TESTIMONY. The
commissioner shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the advisory
board or commissioner and to speak on any issue under the
jurisdiction of the agency.
Sec. 161.031. POLICYMAKING AND MANAGEMENT
RESPONSIBILITIES. The commissioner, with the advice of the
advisory board, shall develop and the agency shall implement
policies that clearly delineate the policymaking responsibilities
of the commissioner from the management responsibilities of the
commission, the executive director, and the staff of the agency.
Sec. 161.032. ANNUAL REPORT. (a) The executive director
shall file annually with the commissioner a complete and detailed
written report accounting for all funds received and disbursed by
the agency during the preceding fiscal year.
(b) The annual report must be in the form and be reported in
the time provided by the commissioner.
Sec. 161.033. OFFICES. The agency shall maintain its
central office in Austin. The agency may maintain offices in other
areas of the state as necessary.
[Sections 161.034-161.050 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 161.051. EXECUTIVE DIRECTOR. (a) The commissioner
shall appoint an executive director, who is to be selected
according to education, training, experience, and demonstrated
ability.
(b) The executive director serves at the pleasure of the
commissioner.
(c) The executive director shall act as the agency's chief
administrative officer and as a liaison between the agency and
commission.
(d) The executive director shall administer this chapter
under operational policies established by the commissioner and in
accordance with the memorandum of understanding under Section
531.0055(k), Government Code, between the executive director and
the commissioner, as adopted by rule.
Sec. 161.052. PERSONNEL. (a) The agency may employ,
compensate, and prescribe the duties of personnel necessary and
suitable to administer this chapter.
(b) The commissioner shall prepare and by rule adopt
personnel standards.
(c) A personnel position may be filled only by an individual
selected and appointed on a nonpartisan merit basis.
(d) The commissioner, with the advice of the advisory board,
shall develop and the agency shall implement policies that clearly
define the responsibilities of the staff of the agency.
Sec. 161.053. INFORMATION ABOUT QUALIFICATIONS AND
STANDARDS OF CONDUCT. The executive director or the executive
director's designee shall provide to agency employees, as often as
necessary, information regarding the requirements for employment
under this chapter or rules adopted by the commissioner, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state employees.
Sec. 161.054. MERIT PAY. Subject to rules adopted by the
commissioner, the executive director or the executive director's
designee shall develop a system of annual performance evaluations.
All merit pay for agency employees must be given under the system
established under this section or under rules adopted by the
commissioner.
Sec. 161.055. CAREER LADDER. The executive director or the
executive director's designee shall develop an intra-agency career
ladder program. The program must require intra-agency postings of
all nonentry-level positions concurrently with any public posting.
Sec. 161.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)
Subject to rules adopted by the commissioner, the executive
director or the executive director's designee shall prepare and
maintain a written policy statement that implements a program of
equal employment opportunity to ensure that all personnel decisions
are made without regard to race, color, disability, sex, religion,
age, or national origin.
(b) Unless the following are included in a policy statement
adopted by the commissioner that is applicable to the agency, the
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the agency to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the agency's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the state Commission on Human Rights
for compliance with Subsection (b)(1); and
(3) filed with the governor's office.
Sec. 161.057. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to agency employees information and training on the
benefits and methods of participation in the state employee
incentive program.
[Sections 161.058-161.070 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF AGENCY
Sec. 161.071. GENERAL POWERS AND DUTIES OF AGENCY. (a) The
agency is responsible for administering human services programs for
children and families, including:
(1) operating the financial assistance program under
Chapter 31 and the nutritional assistance programs under Chapter
33, except as provided by Section 531.0055(b)(4), Government Code;
(2) providing family violence and child protective
services, including conducting child abuse and neglect
investigations;
(3) enforcing regulations regarding child-care
facilities and services;
(4) administering the foster care program, including
determining eligibility for foster care services and funds;
(5) managing the state's correctional facilities for
children; and
(6) providing:
(A) prevention and early intervention services
for children at risk of engaging in delinquent conduct or conduct
indicating a need for supervision and their families; and
(B) rehabilitation and parole supervision
services for children adjudged delinquent by the courts of this
state and committed to the agency.
(b) The agency shall administer other programs and services
for children and families that the commissioner delegates to the
agency as the commissioner determines necessary to efficiently
provide those services in this state.
Sec. 161.072. INFORMATION REGARDING COMPLAINTS. (a) The
agency shall maintain a file on each written complaint filed with
the agency. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the agency;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint.
(b) The agency shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commissioner's and the agency's policies and procedures
relating to complaint investigation and resolution.
(c) The agency, at least quarterly until final disposition
of the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Sec. 161.073. RULES. The commissioner may adopt rules
reasonably necessary for the agency to administer this chapter,
consistent with the memorandum of understanding under Section
531.0055(k), Government Code, between the executive director and
the commissioner, as adopted by rule.
[Chapters 162-180 reserved for expansion]
SUBTITLE B. SERVICES FOR THE AGING
CHAPTER 181. DEPARTMENT ON AGING
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 181.001. DEFINITIONS. In this chapter:
(1) "Advisory board" means the advisory board for
aging services.
(2) "Agency" means the Department on Aging.
(3) "Commission" means the Health and Human Services
Commission.
(4) "Commissioner" means the commissioner of health
and human services.
(5) "Executive director" means the executive director
of the agency.
Sec. 181.002. AGENCY. The agency is an agency of the state.
Sec. 181.003. SUNSET PROVISION. The agency is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the agency is abolished
and this chapter expires September 1, 2009.
[Sections 181.004-181.020 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 181.021. ADVISORY BOARD FOR AGING SERVICES. (a) The
advisory board for aging services is created to assist the
commissioner in developing rules and policies for the agency.
(b) The advisory board is composed of seven members
appointed by the governor. To be eligible for appointment to the
advisory board, a person must have demonstrated an interest in and
knowledge of the problems of aging. The members must include the
following:
(1) two members of the general public;
(2) a medical professional, preferably a
gerontologist;
(3) an advocate for consumers of services for the
aging and their families;
(4) a person experienced in adult protective services;
(5) a person with knowledge of federal funding
available to provide programs and services for the aging; and
(6) a person with other specialized knowledge of
programs and services for the aging.
(c) A person may not be a public member of the advisory board
if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of services for the aging;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the agency;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the agency; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the agency other than reimbursement
authorized by law for advisory board membership, attendance, or
expenses.
(d) The advisory board shall study and make recommendations
to the executive director regarding the management and operation of
the agency, including policies and rules governing the delivery of
services to persons who are served by the agency and the rights and
duties of persons who are served or regulated by the agency.
(e) Chapter 551, Government Code, applies to the advisory
board.
(f) Chapter 2110, Government Code, does not apply to the
advisory board.
Sec. 181.022. APPOINTMENTS. (a) Appointments to the
advisory board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
(b) To the extent possible, appointments to the advisory
board shall be made so that the ethnic and geographic diversity of
the state is reflected on the board.
Sec. 181.023. CONFLICTS OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the advisory board and
may not be an agency employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of services for
the aging; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of services for
the aging.
(c) A person may not be a member of the advisory board if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the agency.
Sec. 181.024. TRAINING PROGRAM FOR ADVISORY BOARD MEMBERS.
(a) A person who is appointed as a member of the advisory board may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the advisory board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the agency and the
advisory board;
(2) the programs operated by the agency;
(3) the role and functions of the agency and the
advisory board, including detailed information regarding:
(A) the division of authority and of
responsibility between the executive director and the
commissioner; and
(B) the advisory responsibilities of the
advisory board;
(4) the rules of the commissioner applicable to the
agency, with an emphasis on the rules that relate to disciplinary
and investigatory authority;
(5) the current budget for the agency;
(6) the results of the most recent formal audit of the
agency;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
commissioner or the Texas Ethics Commission.
Sec. 181.025. TERMS. (a) Advisory board members serve for
staggered six-year terms with the terms of two or three members
expiring February 1 of each odd-numbered year.
(b) A member of the advisory board may not serve more than
two consecutive full terms as a board member.
Sec. 181.026. VACANCY. The governor by appointment shall
fill the unexpired term of a vacancy on the advisory board.
Sec. 181.027. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS.
(a) The governor shall designate a member of the advisory board as
the presiding officer to serve in that capacity at the pleasure of
the governor.
(b) The members of the advisory board shall elect any other
necessary officers.
(c) The advisory board shall meet quarterly and at other
times at the call of the presiding officer. The board may hold
meetings in different areas of the state.
Sec. 181.028. REIMBURSEMENT FOR EXPENSES. An advisory
board member may not receive compensation for service as a member of
the advisory board but is entitled to reimbursement for travel
expenses incurred by the member while conducting the business of
the advisory board as provided by the General Appropriations Act.
Sec. 181.029. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
(a) The executive director, with the advice of the advisory board,
shall prepare information of public interest describing the
functions of the agency and the procedures by which complaints are
filed with and resolved by the agency. The agency shall make the
information available to the public and appropriate state
governmental entities.
(b) The commissioner by rule shall establish methods by
which consumers and service recipients are notified of the name,
mailing address, and telephone number of the agency for directing
complaints to the agency.
Sec. 181.030. PUBLIC ACCESS AND TESTIMONY. The
commissioner shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the advisory
board or commissioner and to speak on any issue under the
jurisdiction of the agency.
Sec. 181.031. POLICYMAKING AND MANAGEMENT
RESPONSIBILITIES. The commissioner, with the advice of the
advisory board, shall develop and the agency shall implement
policies that clearly delineate the policymaking responsibilities
of the commissioner from the management responsibilities of the
commission, the executive director, and the staff of the agency.
Sec. 181.032. ANNUAL REPORT. (a) The executive director
shall file annually with the commissioner a complete and detailed
written report accounting for all funds received and disbursed by
the agency during the preceding fiscal year.
(b) The annual report must be in the form and be reported in
the time provided by the commissioner.
Sec. 181.033. OFFICES. The agency shall maintain its
central office in Austin. The agency may maintain offices in other
areas of the state as necessary.
[Sections 181.034-181.050 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 181.051. EXECUTIVE DIRECTOR. (a) The commissioner
shall appoint an executive director, who is to be selected
according to education, training, experience, and demonstrated
ability.
(b) The executive director serves at the pleasure of the
commissioner.
(c) The executive director shall act as the agency's chief
administrative officer and as a liaison between the agency and
commission.
(d) The executive director shall administer this chapter
under operational policies established by the commissioner and in
accordance with the memorandum of understanding under Section
531.0055(k), Government Code, between the executive director and
the commissioner, as adopted by rule.
Sec. 181.052. PERSONNEL. (a) The agency may employ,
compensate, and prescribe the duties of personnel necessary and
suitable to administer this chapter.
(b) The commissioner shall prepare and by rule adopt
personnel standards.
(c) A personnel position may be filled only by an individual
selected and appointed on a nonpartisan merit basis.
(d) The commissioner, with the advice of the advisory board,
shall develop and the agency shall implement policies that clearly
define the responsibilities of the staff of the agency.
Sec. 181.053. INFORMATION ABOUT QUALIFICATIONS AND
STANDARDS OF CONDUCT. The executive director or the executive
director's designee shall provide to agency employees, as often as
necessary, information regarding the requirements for employment
under this chapter or rules adopted by the commissioner, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state employees.
Sec. 181.054. MERIT PAY. Subject to rules adopted by the
commissioner, the executive director or the executive director's
designee shall develop a system of annual performance evaluations.
All merit pay for agency employees must be given under the system
established under this section or under rules adopted by the
commissioner.
Sec. 181.055. CAREER LADDER. The executive director or the
executive director's designee shall develop an intra-agency career
ladder program. The program must require intra-agency postings of
all nonentry-level positions concurrently with any public posting.
Sec. 181.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)
Subject to rules adopted by the commissioner, the executive
director or the executive director's designee shall prepare and
maintain a written policy statement that implements a program of
equal employment opportunity to ensure that all personnel decisions
are made without regard to race, color, disability, sex, religion,
age, or national origin.
(b) Unless the following are included in a policy statement
adopted by the commissioner that is applicable to the agency, the
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the agency to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the agency's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the state Commission on Human Rights
for compliance with Subsection (b)(1); and
(3) filed with the governor's office.
Sec. 181.057. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to agency employees information and training on the
benefits and methods of participation in the state employee
incentive program.
[Sections 181.058-181.070 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF AGENCY
Sec. 181.071. GENERAL POWERS AND DUTIES OF AGENCY. (a) The
agency shall:
(1) provide expertise and advice to state agencies and
the legislature and other elected officials on issues related to
aging, including recommendations to meet the needs of this state's
aging population;
(2) strengthen the services available for the aging in
this state by coordinating services provided by governmental and
private agencies and facilities;
(3) extend and expand services for the aging by
coordinating the interest and efforts of local communities in
studying the problems of aging residents of this state;
(4) encourage, promote, and aid in establishing area
agencies on aging to develop local programs and services that
improve the living conditions of the aging by enabling them to more
fully enjoy and participate in family and community life;
(5) enforce regulations regarding long-term care
services and facilities and community services and facilities, to
the extent provided by other law; and
(6) provide adult protective services to the extent
provided by Chapter 48 and other law.
(b) The agency shall administer other programs and services
for the aging that the commissioner delegates to the agency as the
commissioner determines necessary to efficiently provide those
services in this state.
Sec. 181.072. INFORMATION REGARDING COMPLAINTS. (a) The
agency shall maintain a file on each written complaint filed with
the agency. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the agency;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint.
(b) The agency shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commissioner's and the agency's policies and procedures
relating to complaint investigation and resolution.
(c) The agency, at least quarterly until final disposition
of the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Sec. 181.073. RULES. The commissioner may adopt rules
reasonably necessary for the agency to administer this chapter,
consistent with the memorandum of understanding under Section
531.0055(k), Government Code, between the executive director and
the commissioner, as adopted by rule.
[Chapters 182-200 reserved for expansion]
SUBTITLE C. SERVICES FOR PERSONS WITH DISABILITIES
CHAPTER 201. DEPARTMENT FOR PERSONS WITH DISABILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 201.001. DEFINITIONS. In this chapter:
(1) "Advisory board" means the board for persons with
disabilities.
(2) "Agency" means the Department for Persons with
Disabilities.
(3) "Commission" means the Health and Human Services
Commission.
(4) "Commissioner" means the commissioner of health
and human services.
(5) "Executive director" means the executive director
of the agency.
Sec. 201.002. AGENCY. The agency is an agency of the state.
Sec. 201.003. SUNSET PROVISION. The agency is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the agency is abolished
and this chapter expires September 1, 2009.
[Sections 201.004-201.020 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 201.021. ADVISORY BOARD FOR PERSONS WITH DISABILITIES.
(a) The advisory board for persons with disabilities is created to
assist the commissioner in developing rules and policies for the
agency.
(b) The advisory board is composed of seven members
appointed by the governor. To be eligible for appointment to the
advisory board, a person must have demonstrated an interest in and
knowledge of the problems faced by and services available to
persons with disabilities. The members must include the following:
(1) two members of the general public;
(2) a person with experience in the provision of
services to blind or visually impaired persons;
(3) a person with experience in the provision of
services to persons with mental retardation;
(4) a person with experience in the provision of
services to deaf persons and persons who are hard of hearing;
(5) a person experienced in matters related to early
childhood intervention for developmental disabilities or
developmental delays; and
(6) a medical professional with experience in the
treatment of persons with disabilities.
(c) A person may not be a public member of the advisory board
if the person or the person's spouse:
(1) is registered, certified, or licensed by a
regulatory agency in the field of services for persons with
disabilities;
(2) is employed by or participates in the management
of a business entity or other organization regulated by or
receiving money from the agency;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by or receiving money from the agency; or
(4) uses or receives a substantial amount of tangible
goods, services, or money from the agency other than reimbursement
authorized by law for advisory board membership, attendance, or
expenses.
(d) The advisory board shall study and make recommendations
to the executive director regarding the management and operation of
the agency, including policies and rules governing the delivery of
services to persons who are served by the agency and the rights and
duties of persons who are served or regulated by the agency.
(e) Chapter 551, Government Code, applies to the advisory
board.
(f) Chapter 2110, Government Code, does not apply to the
advisory board.
Sec. 201.022. APPOINTMENTS. (a) Appointments to the
advisory board shall be made without regard to the race, color,
disability, sex, religion, age, or national origin of the
appointees.
(b) To the extent possible, appointments to the advisory
board shall be made so that the ethnic and geographic diversity of
the state is reflected on the board.
Sec. 201.023. CONFLICTS OF INTEREST. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined statewide association of business or professional
competitors in this state designed to assist its members and its
industry or profession in dealing with mutual business or
professional problems and in promoting their common interest.
(b) A person may not be a member of the advisory board and
may not be an agency employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of services for
persons with disabilities; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of services for
persons with disabilities.
(c) A person may not be a member of the advisory board if the
person is required to register as a lobbyist under Chapter 305,
Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of
the agency.
Sec. 201.024. TRAINING PROGRAM FOR ADVISORY BOARD MEMBERS.
(a) A person who is appointed as a member of the advisory board may
not vote, deliberate, or be counted as a member in attendance at a
meeting of the advisory board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the agency and the
advisory board;
(2) the programs operated by the agency;
(3) the role and functions of the agency and the
advisory board, including detailed information regarding:
(A) the division of authority and of
responsibilities between the executive director and the
commissioner; and
(B) the advisory responsibilities of the
advisory board;
(4) the rules of the commissioner applicable to the
agency, with an emphasis on the rules that relate to disciplinary
and investigatory authority;
(5) the current budget for the agency;
(6) the results of the most recent formal audit of the
agency;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
commissioner or the Texas Ethics Commission.
Sec. 201.025. TERMS. (a) Advisory board members serve for
staggered six-year terms with the terms of two or three members
expiring February 1 of each odd-numbered year.
(b) A member of the advisory board may not serve more than
two consecutive full terms as a board member.
Sec. 201.026. VACANCY. The governor by appointment shall
fill the unexpired term of a vacancy on the advisory board.
Sec. 201.027. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS.
(a) The governor shall designate a member of the advisory board as
the presiding officer to serve in that capacity at the pleasure of
the governor.
(b) The members of the advisory board shall elect any other
necessary officers.
(c) The advisory board shall meet quarterly and at other
times at the call of the presiding officer. The board may hold
meetings in different areas of the state.
Sec. 201.028. REIMBURSEMENT FOR EXPENSES. An advisory
board member may not receive compensation for service as a member of
the advisory board but is entitled to reimbursement for travel
expenses incurred by the member while conducting the business of
the advisory board as provided by the General Appropriations Act.
Sec. 201.029. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
(a) The executive director, with the advice of the advisory board,
shall prepare information of public interest describing the
functions of the agency and the procedures by which complaints are
filed with and resolved by the agency. The agency shall make the
information available to the public and appropriate state
governmental entities.
(b) The commissioner by rule shall establish methods by
which consumers and service recipients are notified of the name,
mailing address, and telephone number of the agency for directing
complaints to the agency.
Sec. 201.030. PUBLIC ACCESS AND TESTIMONY. The
commissioner shall develop and implement policies that provide the
public with a reasonable opportunity to appear before the advisory
board or commissioner and to speak on any issue under the
jurisdiction of the agency.
Sec. 201.031. POLICYMAKING AND MANAGEMENT
RESPONSIBILITIES. The commissioner, with the advice of the
advisory board, shall develop and the agency shall implement
policies that clearly delineate the policymaking responsibilities
of the commissioner from the management responsibilities of the
commission, the executive director, and the staff of the agency.
Sec. 201.032. ANNUAL REPORT. (a) The executive director
shall file annually with the commissioner a complete and detailed
written report accounting for all funds received and disbursed by
the agency during the preceding fiscal year.
(b) The annual report must be in the form and be reported in
the time provided by the commissioner.
Sec. 201.033. OFFICES. The agency shall maintain its
central office in Austin. The agency may maintain offices in other
areas of the state as necessary.
[Sections 201.034-201.050 reserved for expansion]
SUBCHAPTER C. PERSONNEL
Sec. 201.051. EXECUTIVE DIRECTOR. (a) The commissioner
shall appoint an executive director, who is to be selected
according to education, training, experience, and demonstrated
ability.
(b) The executive director serves at the pleasure of the
commissioner.
(c) The executive director shall act as the agency's chief
administrative officer and as a liaison between the agency and the
commission.
(d) The executive director shall administer this chapter
under operational policies established by the commissioner and in
accordance with the memorandum of understanding under Section
531.0055(k), Government Code, between the executive director and
the commissioner, as adopted by rule.
Sec. 201.052. PERSONNEL. (a) The agency may employ,
compensate, and prescribe the duties of personnel necessary and
suitable to administer this chapter.
(b) The commissioner shall prepare and by rule adopt
personnel standards.
(c) A personnel position may be filled only by an individual
selected and appointed on a nonpartisan merit basis.
(d) The commissioner, with the advice of the advisory board,
shall develop and the agency shall implement policies that clearly
define the responsibilities of the staff of the agency.
Sec. 201.053. INFORMATION ABOUT QUALIFICATIONS AND
STANDARDS OF CONDUCT. The executive director or the executive
director's designee shall provide to agency employees, as often as
necessary, information regarding the requirements for employment
under this chapter or rules adopted by the commissioner, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state employees.
Sec. 201.054. MERIT PAY. Subject to rules adopted by the
commissioner, the executive director or the executive director's
designee shall develop a system of annual performance evaluations.
All merit pay for agency employees must be given under the system
established under this section or under rules adopted by the
commissioner.
Sec. 201.055. CAREER LADDER. The executive director or the
executive director's designee shall develop an intra-agency career
ladder program. The program must require intra-agency postings of
all nonentry-level positions concurrently with any public posting.
Sec. 201.056. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)
Subject to rules adopted by the commissioner, the executive
director or the executive director's designee shall prepare and
maintain a written policy statement that implements a program of
equal employment opportunity to ensure that all personnel decisions
are made without regard to race, color, disability, sex, religion,
age, or national origin.
(b) Unless the following are included in a policy statement
adopted by the commissioner that is applicable to the agency, the
policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, training, and promotion of
personnel, that show the intent of the agency to avoid the unlawful
employment practices described by Chapter 21, Labor Code; and
(2) an analysis of the extent to which the composition
of the agency's personnel is in accordance with state and federal
law and a description of reasonable methods to achieve compliance
with state and federal law.
(c) The policy statement must be:
(1) updated annually;
(2) reviewed by the state Commission on Human Rights
for compliance with Subsection (b)(1); and
(3) filed with the governor's office.
Sec. 201.057. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to agency employees information and training on the
benefits and methods of participation in the state employee
incentive program.
[Sections 201.058-201.070 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES OF AGENCY
Sec. 201.071. GENERAL POWERS AND DUTIES OF AGENCY. (a) The
agency is responsible for:
(1) providing and coordinating state and local
programs and services for persons with disabilities, including
programs for the treatment, rehabilitation, or benefit of:
(A) persons with mental retardation;
(B) persons who are blind, visually impaired,
deaf, or hard of hearing;
(C) persons with developmental disabilities; and
(D) persons with other disabilities;
(2) inspecting, licensing, and enforcing regulations
regarding facilities for the treatment, rehabilitation, or benefit
of persons with disabilities;
(3) operating state facilities for the housing,
treatment, rehabilitation, or benefit of persons with
disabilities, including state schools for persons with mental
retardation; and
(4) providing public education programs on matters
related to persons with disabilities, as directed by law.
(b) The agency shall administer other programs and services
for persons with disabilities that the commissioner delegates to
the agency as the commissioner determines necessary to efficiently
provide those services in this state.
Sec. 201.072. INFORMATION REGARDING COMPLAINTS. (a) The
agency shall maintain a file on each written complaint filed with
the agency. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the agency;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the agency closed the file without taking action other than to
investigate the complaint.
(b) The agency shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the commissioner's and the agency's policies and procedures
relating to complaint investigation and resolution.
(c) The agency, at least quarterly until final disposition
of the complaint, shall notify the person filing the complaint and
each person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Sec. 201.073. RULES. The commissioner may adopt rules
reasonably necessary for the agency to administer this chapter,
consistent with the memorandum of understanding under Section
531.0055(k), Government Code, between the executive director and
the commissioner, as adopted by rule.
SECTION 2.03. APPOINTMENTS OF EXECUTIVE DIRECTORS. As soon
as possible after the effective date of this article, the
commissioner of health and human services shall appoint the
executive directors of:
(1) the Department for Health and Mental Health in
accordance with Chapter 1001, Health and Safety Code, as added by
this article;
(2) the Department for Children and Families in
accordance with Chapter 161, Human Resources Code, as added by this
article;
(3) the Department on Aging in accordance with Chapter
181, Human Resources Code, as added by this article; and
(4) the Department for Persons with Disabilities in
accordance with Chapter 201, Human Resources Code, as added by this
article.
SECTION 2.04. APPOINTMENTS OF BOARD MEMBERS. (a) As soon
as possible after the effective date of this article, the governor
shall appoint the members of the advisory board for health and
mental health in accordance with Chapter 1001, Health and Safety
Code, as added by this article. In making the initial appointments,
the governor shall designate three members for terms expiring
February 1, 2005, two members for terms expiring February 1, 2007,
and two members for terms expiring February 1, 2009.
(b) As soon as possible after the effective date of this
article, the governor shall appoint the members of the advisory
board for child and family services in accordance with Chapter 161,
Human Resources Code, as added by this article. In making the
initial appointments, the governor shall designate three members
for terms expiring February 1, 2005, two members for terms expiring
February 1, 2007, and two members for terms expiring February 1,
2009.
(c) As soon as possible after the effective date of this
article, the governor shall appoint the members of the advisory
board for aging services in accordance with Chapter 181, Human
Resources Code, as added by this article. In making the initial
appointments, the governor shall designate three members for terms
expiring February 1, 2005, two members for terms expiring February
1, 2007, and two members for terms expiring February 1, 2009.
(d) As soon as possible after the effective date of this
article, the governor shall appoint the members of the advisory
board for persons with disabilities in accordance with Chapter 201,
Human Resources Code, as added by this article. In making the
initial appointments, the governor shall designate three members
for terms expiring February 1, 2005, two members for terms expiring
February 1, 2007, and two members for terms expiring February 1,
2009.
SECTION 2.05. LIMITATION ON ACTIVITIES. A state agency
created under this article may, before September 1, 2004, perform
only those powers, duties, functions, and activities that relate to
preparing for the transfer of powers, duties, functions, programs,
and activities to that agency in accordance with Article 3 of this
Act. A state agency created under this article may not operate all
or any part of a health and human services program before September
1, 2004.
SECTION 2.06. INITIAL ADVISORY BOARD MEETINGS. The
presiding officer of the advisory board for each state agency
created under this article shall call the initial meeting of the
advisory board as soon as possible after the advisory board members
are appointed.
SECTION 2.07. EFFECTIVE DATE. This article takes effect
June 1, 2004, and the Department for Health and Mental Health, the
Department for Children and Families, the Department on Aging, and
the Department for Persons with Disabilities are created on that
date.
ARTICLE 3. INTERAGENCY TRANSFERS OF PROPERTY,
RECORDS, OBLIGATIONS, FUNDS, FUNCTIONS, PROGRAMS,
AND ACTIVITIES
SECTION 3.01. TRANSFERS TO THE HEALTH AND HUMAN SERVICES
COMMISSION. (a) On September 1, 2004, the following powers,
duties, functions, programs, and activities are transferred to the
Health and Human Services Commission:
(1) all powers, duties, functions, programs, and
activities related to administrative support services, such as
strategic planning and evaluation, audit, legal, human resources,
accounting, purchasing, financial management, and contract
management services, of a state agency or entity abolished by
Section 5.01 of this Act;
(2) all powers, duties, functions, programs, and
activities related to determining eligibility for benefits under
the following programs administered by a state agency or entity
abolished by Section 5.01 of this Act:
(A) the children's health insurance program
under Chapter 62, Health and Safety Code;
(B) the financial assistance program under
Chapter 31, Human Resources Code;
(C) the medical assistance program under Chapter
32, Human Resources Code; and
(D) the nutritional assistance programs under
Chapter 33, Human Resources Code; and
(3) all rulemaking and policymaking authority for the
provision of health and human services in this state.
(b) On the date specified by Subsection (a) of this section:
(1) all obligations and contracts of a state agency or
entity abolished by Section 5.01 of this Act that are related to a
power, duty, function, program, or activity transferred under
Subsection (a) of this section are transferred to the Health and
Human Services Commission;
(2) all property and records in the custody of a state
agency or entity abolished by Section 5.01 of this Act that are
related to a power, duty, function, program, or activity
transferred under Subsection (a) of this section and all funds
appropriated by the legislature for the power, duty, function,
program, or activity shall be transferred to the Health and Human
Services Commission; and
(3) all complaints, investigations, or contested
cases that are pending before a state agency or entity abolished by
Section 5.01 of this Act or the governing body of the agency or
entity and that are related to a power, duty, function, program, or
activity transferred under Subsection (a) of this section are
transferred without change in status to the Health and Human
Services Commission.
(c) A rule or form adopted by a state agency or entity
abolished by Section 5.01 of this Act that relates to a power, duty,
function, program, or activity transferred under Subsection (a) of
this section is a rule or form of the Health and Human Services
Commission and remains in effect until altered by the commission.
(d) A reference in law to a state agency or entity abolished
by Section 5.01 of this Act, or to the governing body of the agency
or entity, that relates to a power, duty, function, program, or
activity transferred under Subsection (a) of this section means the
Health and Human Services Commission.
(e) A license, permit, or certification in effect that was
issued by a state agency or entity abolished by Section 5.01 of this
Act and that relates to a power, duty, function, program, or
activity transferred under Subsection (a) of this section is
continued in effect as a license, permit, or certification of the
Health and Human Services Commission.
SECTION 3.02. TRANSFERS TO THE DEPARTMENT FOR HEALTH AND
MENTAL HEALTH. (a) On September 1, 2004, the following powers,
duties, functions, programs, and activities, other than those
related to rulemaking or policymaking, or administrative support
services such as strategic planning and evaluation, audit, legal,
human resources, accounting, purchasing, financial management, and
contract management services, are transferred to the Department for
Health and Mental Health:
(1) except as provided by Section 3.01 of this
article, all powers, duties, functions, programs, and activities of
the Texas Department of Health;
(2) all powers, duties, functions, programs, and
activities of the Texas Department of Mental Health and Mental
Retardation relating to mental health services;
(3) all powers, duties, functions, programs, and
activities of the Texas Commission on Alcohol and Drug Abuse;
(4) all powers, duties, functions, programs, and
activities of the Texas Health Care Information Council;
(5) all powers, duties, functions, programs, and
activities of the Texas Cancer Council; and
(6) all powers, duties, functions, programs, and
activities of:
(A) the Board of Nurse Examiners;
(B) the Board of Vocational Nurse Examiners;
(C) the Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(D) the State Board of Dental Examiners;
(E) the Texas Board of Chiropractic Examiners;
(F) the Texas Optometry Board;
(G) the Texas State Board of Examiners of
Psychologists;
(H) the Texas State Board of Medical Examiners;
(I) the Texas State Board of Pharmacy; and
(J) the Texas State Board of Podiatric Medical
Examiners.
(b) On the date specified by Subsection (a) of this section:
(1) all obligations and contracts of an entity listed
in Subsection (a) of this section that are related to a power, duty,
function, program, or activity transferred under that subsection
are transferred to the Department for Health and Mental Health;
(2) all property and records in the custody of an
entity listed in Subsection (a) of this section that are related to
a power, duty, function, program, or activity transferred under
that subsection and all funds appropriated by the legislature for
the power, duty, function, program, or activity shall be
transferred to the Department for Health and Mental Health; and
(3) all complaints, investigations, or contested
cases that are pending before an entity or the governing body of an
entity listed in Subsection (a) of this section and that are related
to a power, duty, function, program, or activity transferred under
that subsection are transferred without change in status to the
Department for Health and Mental Health.
(c) A rule or form adopted by an entity listed in Subsection
(a) of this section that relates to a power, duty, function,
program, or activity transferred under that subsection is a rule or
form of the Department for Health and Mental Health and remains in
effect until altered by the commissioner of health and human
services.
(d) A reference in law to an entity listed in Subsection (a)
of this section that relates to a power, duty, function, program, or
activity transferred under that subsection means, as appropriate,
the Department for Health and Mental Health or any other health and
human services agency to which the commissioner of health and human
services transfers the power, duty, function, program, or activity
under Section 531.0165, Government Code, as added by this Act. A
reference in law to the governing body of an entity listed in
Subsection (a) of this section means the Health and Human Services
Commission or the commissioner of health and human services.
(e) A license, permit, or certification in effect that was
issued by an entity listed in Subsection (a) of this section and
that relates to a power, duty, function, program, or activity
transferred under that subsection is continued in effect as a
license, permit, or certification of the Department for Health and
Mental Health.
SECTION 3.03. TRANSFERS TO THE DEPARTMENT FOR CHILDREN AND
FAMILIES. (a) On September 1, 2004, the following powers, duties,
functions, programs, and activities, other than those related to
rulemaking or policymaking, or administrative support services
such as strategic planning and evaluation, audit, legal, human
resources, accounting, purchasing, financial management, and
contract management services, are transferred to the Department for
Children and Families:
(1) except as provided by Section 3.04 of this
article, all powers, duties, functions, programs, and activities of
the Department of Protective and Regulatory Services;
(2) except as provided by Sections 3.01, 3.04, and
3.05 of this article, all powers, duties, functions, programs, and
activities of the Texas Department of Human Services, including
those related to preventing family violence, providing services to
victims of family violence, and operating the financial and
nutritional assistance programs;
(3) all powers, duties, functions, programs, and
activities of the Texas Juvenile Probation Commission; and
(4) all powers, duties, functions, programs, and
activities of the Texas Youth Commission.
(b) On the date specified by Subsection (a) of this section:
(1) all obligations and contracts of an entity listed
in Subsection (a) of this section that are related to a power, duty,
function, program, or activity transferred under that subsection
are transferred to the Department for Children and Families;
(2) all property and records in the custody of an
entity listed in Subsection (a) of this section that are related to
a power, duty, function, program, or activity transferred under
that subsection and all funds appropriated by the legislature for
the power, duty, function, program, or activity shall be
transferred to the Department for Children and Families; and
(3) all complaints, investigations, or contested
cases that are pending before an entity or the governing body of an
entity listed in Subsection (a) of this section and that are related
to a power, duty, function, program, or activity transferred under
that subsection are transferred without change in status to the
Department for Children and Families.
(c) A rule or form adopted by an entity listed in Subsection
(a) of this section that relates to a power, duty, function,
program, or activity transferred under that subsection is a rule or
form of the Department for Children and Families and remains in
effect until altered by the commissioner of health and human
services.
(d) A reference in law to an entity listed in Subsection (a)
of this section that relates to a power, duty, function, program, or
activity transferred under that subsection means, as appropriate,
the Department for Children and Families or any other health and
human services agency to which the commissioner of health and human
services transfers the power, duty, function, program, or activity
under Section 531.0165, Government Code, as added by this Act. A
reference in law to the governing body of an entity listed in
Subsection (a) of this section means the Health and Human Services
Commission or the commissioner of health and human services.
(e) A license, permit, or certification in effect that was
issued by an entity listed in Subsection (a) of this section and
that relates to a power, duty, function, program, or activity
transferred under that subsection is continued in effect as a
license, permit, or certification of the Department for Children
and Families.
SECTION 3.04. TRANSFERS TO THE DEPARTMENT ON AGING. (a) On
September 1, 2004, the following powers, duties, functions,
programs, and activities, other than those related to rulemaking or
policymaking, or administrative support services such as strategic
planning and evaluation, audit, legal, human resources,
accounting, purchasing, financial management, and contract
management services, are transferred to the Department on Aging:
(1) all powers, duties, functions, programs, and
activities of the Texas Department on Aging;
(2) from the Department of Protective and Regulatory
Services, all powers, duties, functions, programs, and activities
related to the adult protective services program under Chapter 48,
Human Resources Code, including investigations and client
services; and
(3) from the Texas Department of Human Services, all
powers, duties, functions, programs, and activities related to
providing long-term care services and community-based support and
services.
(b) On the date specified by Subsection (a) of this section:
(1) all obligations and contracts of an entity listed
in Subsection (a) of this section that are related to a power, duty,
function, program, or activity transferred under that subsection
are transferred to the Department on Aging;
(2) all property and records in the custody of an
entity listed in Subsection (a) of this section that are related to
a power, duty, function, program, or activity transferred under
that subsection and all funds appropriated by the legislature for
the power, duty, function, program, or activity shall be
transferred to the Department on Aging; and
(3) all complaints, investigations, or contested
cases that are pending before an entity or the governing body of an
entity listed in Subsection (a) of this section and that are related
to a power, duty, function, program, or activity transferred under
that subsection are transferred without change in status to the
Department on Aging.
(c) A rule or form adopted by an entity listed in Subsection
(a) of this section that relates to a power, duty, function,
program, or activity transferred under that subsection is a rule or
form of the Department on Aging and remains in effect until altered
by the commissioner of health and human services.
(d) A reference in law to an entity listed in Subsection (a)
of this section that relates to a power, duty, function, program, or
activity transferred under that subsection means, as appropriate,
the Department on Aging or any other health and human services
agency to which the commissioner of health and human services
transfers the power, duty, function, program, or activity under
Section 531.0165, Government Code, as added by this Act. A
reference in law to the governing body of an entity listed in
Subsection (a) of this section means the Health and Human Services
Commission or the commissioner of health and human services.
(e) A license, permit, or certification in effect that was
issued by an entity listed in Subsection (a) of this section and
that relates to a power, duty, function, program, or activity
transferred under that subsection is continued in effect as a
license, permit, or certification of the Department on Aging.
SECTION 3.05. TRANSFERS TO THE DEPARTMENT FOR PERSONS WITH
DISABILITIES. (a) On September 1, 2004, the following powers,
duties, functions, programs, and activities, other than those
related to rulemaking or policymaking, or administrative support
services such as strategic planning and evaluation, audit, legal,
human resources, accounting, purchasing, financial management, and
contract management services, are transferred to the Department for
Persons with Disabilities:
(1) except as provided by Section 3.02 of this
article, all powers, duties, functions, programs, and activities of
the Texas Department of Mental Health and Mental Retardation;
(2) all powers, duties, functions, programs, and
activities of the Texas Rehabilitation Commission;
(3) all powers, duties, functions, programs, and
activities of the Texas Commission for the Blind;
(4) all powers, duties, functions, programs, and
activities of the Texas Commission for the Deaf and Hard of Hearing;
(5) all powers, duties, functions, programs, and
activities of the Interagency Council on Early Childhood
Intervention; and
(6) all powers, duties, functions, programs, and
activities of the office of services to persons with disabilities
in the Texas Department of Human Services.
(b) On the date specified by Subsection (a) of this section:
(1) all obligations and contracts of an entity listed
in Subsection (a) of this section that are related to a power, duty,
function, program, or activity transferred under that subsection
are transferred to the Department for Persons with Disabilities;
(2) all property and records in the custody of an
entity listed in Subsection (a) of this section that are related to
a power, duty, function, program, or activity transferred under
that subsection and all funds appropriated by the legislature for
the power, duty, function, program, or activity shall be
transferred to the Department for Persons with Disabilities; and
(3) all complaints, investigations, or contested
cases that are pending before an entity or the governing body of an
entity listed in Subsection (a) of this section and that are related
to a power, duty, function, program, or activity transferred under
that subsection are transferred without change in status to the
Department for Persons with Disabilities.
(c) A rule or form adopted by an entity listed in Subsection
(a) of this section that relates to a power, duty, function,
program, or activity transferred under that subsection is a rule or
form of the Department for Persons with Disabilities and remains in
effect until altered by the commissioner of health and human
services.
(d) A reference in law to an entity listed in Subsection (a)
of this section that relates to a power, duty, function, program, or
activity transferred under that subsection means, as appropriate,
the Department for Persons with Disabilities or any other health
and human services agency to which the commissioner of health and
human services transfers the power, duty, function, program, or
activity under Section 531.0165, Government Code, as added by this
Act. A reference in law to the governing body of an entity listed in
Subsection (a) of this section means the Health and Human Services
Commission or the commissioner of health and human services.
(e) A license, permit, or certification in effect that was
issued by an entity listed in Subsection (a) of this section and
that relates to a power, duty, function, program, or activity
transferred under that subsection is continued in effect as a
license, permit, or certification of the Department for Persons
with Disabilities.
SECTION 3.06. FACILITATION OF TRANSFERS BY COMMISSIONER OF
HEALTH AND HUMAN SERVICES. (a) To facilitate the transfer of
powers, duties, functions, programs, and activities among the
state's health and human services agencies, the Health and Human
Services Commission, and other agencies as provided by this article
with a minimal negative effect on the delivery of health and human
services in this state, the commissioner of health and human
services shall:
(1) for each power, duty, function, program, or
activity transferred under this article, determine:
(A) the relevant agency actions that constitute
the power, duty, function, program, or activity;
(B) the pertinent records and property used by a
state agency for the power, duty, function, program, or activity;
(C) each state agency employee whose primary
duties involve the power, duty, function, program, or activity and
whether:
(i) the employee becomes an employee of an
agency created under Article 2 of this Act, to be assigned duties by
the executive director of that agency, or an employee of the Health
and Human Services Commission, to be assigned duties by the
commissioner of health and human services;
(ii) the employee must reapply with an
agency created under Article 2 of this Act or with the Health and
Human Services Commission, as applicable, for a comparable
employment position; or
(iii) the employment position will be
eliminated; and
(D) the funds and obligations that are related to
the power, duty, function, program, or activity; and
(2) oversee and assist the entities listed in Sections
3.01, 3.02, 3.03, 3.04, and 3.05 of this article in transferring the
powers, duties, functions, programs, activities, records,
property, funds, obligations, and employees in accordance with this
article.
(b) A state agency or entity abolished by Section 5.01 of
this Act shall assist the commissioner of health and human services
in planning for an orderly transfer of powers, duties, functions,
programs, and activities as provided by this article.
SECTION 3.07. APPLICABILITY OF FORMER LAW. An action
brought or proceeding commenced before the effective date of a
transfer prescribed by this article, including a contested case or
a remand of an action or proceeding by a reviewing court, is
governed by the laws and rules applicable to the action or
proceeding before the transfer.
ARTICLE 4. OPERATION OF THE MEDICAL
ASSISTANCE PROGRAM
SECTION 4.01. Section 32.024, Human Resources Code, is
amended by adding Subsection (t-1) to read as follows:
(t-1) The department, in its rules governing the medical
transportation program, may not prohibit a recipient of medical
assistance from receiving transportation services through the
program on the basis that the recipient resides in a nursing
facility.
SECTION 4.02. Section 32.026, Human Resources Code, is
amended by adding Subsection (d-1) to read as follows:
(d-1) The department shall establish not more than four call
centers for purposes of determining and certifying the eligibility
and need for public assistance benefits administered by the
department, including determining and certifying the eligibility
and need for medical assistance for children under 19 years of age.
SECTION 4.03. Subchapter B, Chapter 32, Human Resources
Code, is amended by adding Section 32.0291 to read as follows:
Sec. 32.0291. PREPAYMENT REVIEWS AND POSTPAYMENT HOLDS.
(a) Notwithstanding any other law, the department may:
(1) perform a prepayment review of a claim for
reimbursement under the medical assistance program to determine
whether the claim involves fraud or abuse; and
(2) as necessary to perform that review, withhold
payment of the claim for not more than five working days without
notice to the person submitting the claim.
(b) Notwithstanding any other law, the department may
impose a postpayment hold on payment of future claims submitted by a
provider if the department has reliable evidence that the provider
has committed fraud or wilful misrepresentation regarding a claim
for reimbursement under the medical assistance program. The
department must notify the provider of the postpayment hold not
later than the fifth working day after the date the hold is imposed.
SECTION 4.04. Section 32.032, Human Resources Code, is
amended to read as follows:
Sec. 32.032. PREVENTION AND DETECTION OF FRAUD AND ABUSE.
The department shall adopt reasonable rules for minimizing the
opportunity for fraud and abuse, for establishing and maintaining
methods for detecting and identifying situations in which a
question of fraud or abuse in the program may exist, and for
referring cases where fraud or abuse appears to exist to the
appropriate law enforcement agencies for prosecution.
SECTION 4.05. Section 32.0321(a), Human Resources Code, is
amended to read as follows:
(a) The department by rule may require each provider of
medical assistance in a provider type that has demonstrated
significant potential for fraud or abuse to file with the
department a surety bond in a reasonable amount. The department by
rule shall require a provider of medical assistance to file with the
department a surety bond in a reasonable amount if the department
identifies an irregularity relating to the provider's services
under the medical assistance program that indicates the need for
protection against potential future acts of fraud or abuse.
SECTION 4.06. Section 32.039(a), Human Resources Code, is
amended by adding Subdivision (1-a) to read as follows:
(1-a) "Inducement" includes a service, cash in any
amount, entertainment, or any item of value.
SECTION 4.07. Section 32.039, Human Resources Code, is
amended by amending Subsections (b), (u), and (v) and adding
Subsections (w) and (x) to read as follows:
(b) A person commits a violation if the person:
(1) presents or causes to be presented to the
department a claim that contains a statement or representation the
person knows or should know to be false;
(1-a) engages in conduct that violates Section
102.001, Occupations Code;
(1-b) solicits or receives, directly or indirectly,
overtly or covertly any remuneration, including any kickback,
bribe, or rebate, in cash or in kind for referring an individual to
a person for the furnishing of, or for arranging the furnishing of,
any item or service for which payment may be made, in whole or in
part, under the medical assistance program;
(1-c) solicits or receives, directly or indirectly,
overtly or covertly any remuneration, including any kickback,
bribe, or rebate, in cash or in kind for purchasing, leasing, or
ordering, or arranging for or recommending the purchasing, leasing,
or ordering of any good, facility, service, or item for which
payment may be made, in whole or in part, under the medical
assistance program;
(1-d) offers or pays, directly or indirectly, overtly
or covertly any remuneration, including any kickback, bribe, or
rebate, in cash or in kind to induce a person to refer an individual
to another person for the furnishing of, or for arranging the
furnishing of, any item or service for which payment made be made,
in whole or in part, under the medical assistance program;
(1-e) offers or pays, directly or indirectly, overtly
or covertly any remuneration, including any kickback, bribe, or
rebate, in cash or in kind to induce a person to purchase, lease, or
order or arrange for or recommend the purchase, lease, or order of
any good, facility, service, or item for which payment may be made,
in whole or in part, under the medical assistance program;
(1-f) provides or offers an inducement in a manner or
for a purpose not otherwise prohibited by this section or Section
102.001, Occupations Code, to an individual, including a recipient,
provider, or employee of a provider, for the purpose of influencing
a decision regarding selection of a provider or receipt of a good
or service under the medical assistance program or for the purpose
of otherwise influencing a decision regarding the use of goods or
services provided under the medical assistance program; or
(2) is a managed care organization that contracts with
the department to provide or arrange to provide health care
benefits or services to individuals eligible for medical assistance
and:
(A) fails to provide to an individual a health
care benefit or service that the organization is required to
provide under the contract with the department;
(B) fails to provide to the department
information required to be provided by law, department rule, or
contractual provision;
(C) engages in a fraudulent activity in
connection with the enrollment in the organization's managed care
plan of an individual eligible for medical assistance or in
connection with marketing the organization's services to an
individual eligible for medical assistance; or
(D) engages in actions that indicate a pattern
of:
(i) wrongful denial of payment for a health
care benefit or service that the organization is required to
provide under the contract with the department; or
(ii) wrongful delay of at least 45 days or a
longer period specified in the contract with the department, not to
exceed 60 days, in making payment for a health care benefit or
service that the organization is required to provide under the
contract with the department.
(u) Except as provided by Subsection (w), a [A] person found
liable for a violation under Subsection (c) that resulted in injury
to an elderly person, as defined by Section 48.002(a)(1)
[48.002(1)], a disabled person, as defined by Section
48.002(a)(8)(A) [48.002(8)(A)], or a person younger than 18 years
of age may not provide or arrange to provide health care services
under the medical assistance program for a period of 10 years. The
department by rule may provide for a period of ineligibility longer
than 10 years. The period of ineligibility begins on the date on
which the determination that the person is liable becomes final.
[This subsection does not apply to a person who operates a nursing
facility or an ICF-MR facility.]
(v) Except as provided by Subsection (w), a [A] person found
liable for a violation under Subsection (c) that did not result in
injury to an elderly person, as defined by Section 48.002(a)(1)
[48.002(1)], a disabled person, as defined by Section
48.002(a)(8)(A) [48.002(8)(A)], or a person younger than 18 years
of age may not provide or arrange to provide health care services
under the medical assistance program for a period of three years.
The department by rule may provide for a period of ineligibility
longer than three years. The period of ineligibility begins on the
date on which the determination that the person is liable becomes
final[. This subsection does not apply to a person who operates a
nursing facility or an ICF-MR facility].
(w) The department by rule may prescribe criteria under
which a person described by Subsection (u) or (v) is not prohibited
from providing or arranging to provide health care services under
the medical assistance program. The criteria may include
consideration of:
(1) the person's knowledge of the violation;
(2) the likelihood that education provided to the
person would be sufficient to prevent future violations;
(3) the potential impact on availability of services
in the community served by the person; and
(4) any other reasonable factor identified by the
department.
(x) Subsections (b)(1-b) through (1-f) do not prohibit a
person from engaging in:
(1) generally accepted business practices, as
determined by department rule, including:
(A) conducting a marketing campaign;
(B) providing token items of minimal value that
advertise the person's trade name; and
(C) providing complimentary refreshments at an
informational meeting promoting the person's goods or services; or
(2) conduct specifically authorized by law.
SECTION 4.08. Subchapter B, Chapter 32, Human Resources
Code, is amended by adding Section 32.0391 to read as follows:
Sec. 32.0391. CRIMINAL OFFENSE. (a) A person commits an
offense if the person commits a violation under Section
32.039(b)(1-b), (1-c), (1-d), or (1-e).
(b) An offense under this section is a state jail felony.
(c) If conduct constituting an offense under this section
also constitutes an offense under another provision of law,
including a provision in the Penal Code, the person may be
prosecuted under either this section or the other provision.
SECTION 4.09. Subchapter B, Chapter 32, Human Resources
Code, is amended by adding Section 32.0423 to read as follows:
Sec. 32.0423. RECOVERY OF REIMBURSEMENTS FROM HEALTH
COVERAGE PROVIDERS. The medical assistance identification card of
a recipient of medical assistance shall state whether the recipient
is covered by any third-party health coverage or insurance. To the
extent allowed by federal law, a health care service provider must
seek reimbursement from available third-party health coverage or
insurance before billing the medical assistance program.
SECTION 4.10. Section 32.050, Human Resources Code, is
amended by adding Subsections (d) and (e) to read as follows:
(d) A nursing facility, home health services provider, or
any other similar long-term care services provider must:
(1) seek reimbursement from Medicare before billing
the medical assistance program for services provided to an
individual identified under Subsection (a); and
(2) as directed by the department, appeal Medicare
claim denials for payment of services provided to an individual
identified under Subsection (a).
(e) If the Medicare reimbursement rate for a service
provided to an individual identified under Subsection (a) exceeds
the medical assistance reimbursement rate for a comparable service,
the medical assistance program may not pay a Medicare coinsurance
or deductible amount for that service.
SECTION 4.11. Subchapter B, Chapter 32, Human Resources
Code, is amended by adding Section 32.060 to read as follows:
Sec. 32.060. THIRD-PARTY BILLING VENDORS. (a) A
third-party billing vendor may not submit a claim with the
department for reimbursement on behalf of a provider of medical
services under the medical assistance program unless the vendor has
entered into a contract with the department authorizing that
activity.
(b) To the extent practical, the contract shall contain
provisions comparable to the provisions contained in contracts
between the department and providers of medical services, with an
emphasis on provisions designed to prevent fraud or abuse under the
medical assistance program. At a minimum, the contract must
require the third-party billing vendor to:
(1) provide documentation of the vendor's authority to
bill on behalf of each provider for whom the vendor submits claims;
(2) submit a claim in a manner that permits the
department to identify and verify the vendor, any computer or
telephone line used in submitting the claim, any relevant user
password used in submitting the claim, and any provider number
referenced in the claim; and
(3) subject to any confidentiality requirements
imposed by federal law, provide the department, the office of the
attorney general, or authorized representatives with:
(A) access to any records maintained by the
vendor, including original records and records maintained by the
vendor on behalf of a provider, relevant to an audit or
investigation of the vendor's services or another function of the
department or office of the attorney general relating to the
vendor; and
(B) if requested, copies of any records described
by Paragraph (A) at no charge to the department, the office of the
attorney general, or authorized representatives.
(c) On receipt of a claim submitted by a third-party billing
vendor, the department shall send a remittance notice directly to
the provider referenced in the claim. The notice must:
(1) include detailed information regarding the claim
submitted on behalf of the provider; and
(2) require the provider to review the claim for
accuracy and notify the department promptly regarding any errors.
(d) The department shall take all action necessary,
including any modifications of the department's claims processing
system, to enable the department to identify and verify a
third-party billing vendor submitting a claim for reimbursement
under the medical assistance program, including identification and
verification of any computer or telephone line used in submitting
the claim, any relevant user password used in submitting the claim,
and any provider number referenced in the claim.
SECTION 4.12. Subchapter B, Chapter 531, Government Code,
is amended by adding Sections 531.0392 and 531.063 to read as
follows:
Sec. 531.0392. RECOVERY OF THIRD-PARTY REIMBURSEMENTS
UNDER MEDICAID. (a) In this section, "dually eligible individual"
means an individual who is eligible to receive health care benefits
under both the Medicaid and Medicare programs.
(b) The commission shall contract directly on a no-risk
contingency fee basis with a consulting firm experienced in
third-party reimbursements to assist the state in increasing
third-party reimbursements under the Medicaid program.
(c) The commission shall require a consulting firm with whom
the commission contracts under this section to:
(1) establish to the extent authorized by law
information-sharing procedures regarding dually eligible
individuals with fiscal intermediaries and other contractors who
process Medicare claims;
(2) examine and appeal Medicare claim denials for
payment of home health services and other similar services provided
to dually eligible individuals; and
(3) update the firm's automated systems as reasonably
necessary to include any new technology that will increase
third-party reimbursements under the Medicaid program.
(d) The commission shall obtain Medicaid reimbursement from
each fiscal intermediary who makes a payment to a service provider
on behalf of the Medicare program, including a reimbursement for a
payment made to a home health services provider or nursing facility
for services rendered to a dually eligible individual.
Sec. 531.063. MEMORANDUM OF UNDERSTANDING RELATING TO
CERTAIN CLASS-ACTION LAWSUITS. The commission shall enter into a
memorandum of understanding with the office of the attorney general
to establish procedures for the commission to identify and submit
requests for the review of any health-related class-action lawsuits
filed in this state or another state to determine:
(1) whether a Medicaid recipient is a party to the
lawsuit; and
(2) whether the state should intervene in the
proceeding to pursue any third-party reimbursement and subrogation
right held by the commission or a health and human services agency
arising from payment of medical expenses.
SECTION 4.13. Section 531.102, Government Code, is amended
by amending Subsections (a) and (d) and adding Subsections (f) and
(g) to read as follows:
(a) The commission, through the commission's office of
investigations and enforcement, is responsible for the
investigation of fraud and abuse in the provision of health and
human services and the enforcement of state law relating to the
provision of those services.
(d) The commission may require employees of health and human
services agencies to provide assistance to the commission in
connection with the commission's duties relating to the
investigation of fraud and abuse in the provision of health and
human services.
(f) Notwithstanding any other law, for purposes of
obtaining information relevant to the office's duties from a law
enforcement agency, prosecutor, or governmental entity, the office
is considered to be a law enforcement agency and may obtain the
information in the same manner as another law enforcement agency.
Information obtained by the office under this subsection that deals
with the detection, investigation, or prosecution of crime is
excepted from the requirements of Section 552.021 in the manner
provided by Section 552.108.
(g) In connection with the investigation of fraud and abuse
in the provision of health and human services, the office may issue
a subpoena throughout this state to compel the attendance and
testimony of a witness or production of records. The subpoena may
compel attendance or production at the office or at another place
designated in the subpoena.
SECTION 4.14. Subchapter C, Chapter 531, Government Code,
is amended by adding Section 531.1021 to read as follows:
Sec. 531.1021. SEIZURE OF ASSETS. (a) The commission,
through the commission's office of investigations and enforcement,
may seize assets owned by a person if:
(1) the commission determines through an
investigation that there is a substantial likelihood that the
person has engaged in conduct that constitutes fraud or abuse under
the medical assistance program; and
(2) the seizure of assets is necessary to protect the
commission's ability to recover amounts wrongfully obtained by the
person and associated damages and penalties to which the commission
may otherwise be entitled by law.
(b) The commission shall provide a person whose assets are
seized with an opportunity for a hearing at which the person may
contest the seizure.
(c) The commission may not dispose of seized assets until:
(1) the person is determined to have engaged in
conduct that constitutes fraud or abuse under the medical
assistance program; and
(2) the commission's entitlement to the assets is
confirmed in accordance with due process.
SECTION 4.15. Section 531.103, Government Code, is amended
by adding Subsections (c-1) and (e-1) and amending Subsection (e)
to read as follows:
(c-1) In addition to the report required by Subsection (c),
the office of the attorney general, not later than November 1 of
each year, shall prepare and submit to the governor, the
legislature, and the comptroller a report that specifically
addresses the activities of the attorney general's Medicaid fraud
control unit and civil Medicaid fraud section. The attorney
general shall consult with the comptroller regarding the format of
the report and make reasonable efforts to provide the report in the
format requested by the comptroller. The report must specify, for
the Medicaid fraud control unit and the civil Medicaid fraud
section, respectively, the following information:
(1) total agency expenditures;
(2) caseloads;
(3) the length of time required to complete each case
through each phase of activity;
(4) recoveries and penalties arising from each case;
(5) difficulties in operations; and
(6) any other information considered relevant by the
attorney general to an analysis of the effectiveness of the unit and
section.
(e) The commission shall refer a case of suspected fraud,
waste, or abuse under the state Medicaid program to the appropriate
United States attorney, district attorney, county attorney, city
attorney, or private collection agency if the attorney general
fails to act within 30 days of referral of the case to the office of
the attorney general. A failure by the attorney general to act
within 30 days constitutes approval by the attorney general under
Section 2107.003.
(e-1) In addition to the provisions required by Subsection
(a), the memorandum of understanding required by this section must
identify circumstances under which the commission may refer a case
of suspected fraud, waste, or abuse under the state Medicaid
program directly to the appropriate United States attorney,
district attorney, county attorney, city attorney, or private
collection agency. A case referred in accordance with this
subsection is considered approved by the attorney general under
Section 2107.003.
SECTION 4.16. Section 531.107(b), Government Code, is
amended to read as follows:
(b) The task force is composed of a representative of the:
(1) attorney general's office, appointed by the
attorney general;
(2) comptroller's office, appointed by the
comptroller;
(3) Department of Public Safety, appointed by the
public safety director;
(4) state auditor's office, appointed by the state
auditor;
(5) commission, appointed by the commissioner of
health and human services;
(6) Texas Department of Human Services or its
successor in function, appointed by the commissioner of human
services; [and]
(7) Texas Department of Insurance, appointed by the
commissioner of insurance; and
(8) Texas Department of Health or its successor in
function, appointed by the commissioner of public health.
SECTION 4.17. STUDY. (a) The Medicaid and Public
Assistance Fraud Oversight Task Force, with the participation of
the Texas Department of Health's Bureau of Vital Statistics and
other agencies designated by the comptroller, shall study
procedures and documentation requirements used by the state in
confirming a person's identity for purposes of establishing
entitlement to Medicaid and other benefits provided through health
and human services programs.
(b) Not later than December 1, 2004, the Medicaid and Public
Assistance Fraud Oversight Task Force, with assistance from the
agencies participating in the study required by Subsection (a) of
this section, shall submit a report to the legislature containing
recommendations for improvements in the procedures and
documentation requirements described by Subsection (a) of this
section that would strengthen the state's ability to prevent fraud
and abuse in the Medicaid program and other health and human
services programs.
SECTION 4.18. CONSOLIDATION OF CERTAIN DIVISIONS AND
ACTIVITIES. (a) Not later than March 1, 2004, the Health and Human
Services Commission shall consolidate the Medicaid post-payment
third-party recovery divisions or activities of the Texas
Department of Human Services, the Medicaid vendor drug program, and
the state's Medicaid claims administrator with the Medicaid
post-payment third-party recovery function.
(b) The Health and Human Services Commission shall use the
commission's Medicaid post-payment third-party recovery contractor
for the consolidated division.
(c) The Health and Human Services Commission shall update
its computer system to facilitate the consolidation.
SECTION 4.19. MEMORANDUMS OF UNDERSTANDING. (a) Not later
than January 1, 2004, the Health and Human Services Commission and
the office of the attorney general shall enter into the memorandum
of understanding required by Section 531.063, Government Code, as
added by this Act.
(b) Not later than December 1, 2003, the office of the
attorney general and the Health and Human Services Commission shall
amend the memorandum of understanding required by Section 531.103,
Government Code, as necessary to comply with Section 531.103(e-1),
Government Code, as added by this Act.
SECTION 4.20. APPLICABILITY. The changes in law made by
this Act through amending Section 32.039(b), Human Resources Code,
and adding Section 32.0391, Human Resources Code, apply only to a
violation committed on or after the effective date of this Act. For
purposes of this section, a violation is committed on or after the
effective date of this Act only if each element of the violation
occurs on or after that date. A violation committed before the
effective date of this Act is covered by the law in effect when the
violation was committed, and the former law is continued in effect
for that purpose.
SECTION 4.21. EFFECTIVE DATE. (a) Except as otherwise
provided by Subsection (b) of this section, this article takes
effect September 1, 2003.
(b) Section 32.060, Human Resources Code, as added by this
article, takes effect January 1, 2004.
ARTICLE 5. MISCELLANEOUS PROVISIONS
SECTION 5.01. ABOLITION OF STATE AGENCIES AND ENTITIES.
(a) The following state agencies and entities are abolished:
(1) the Board of Nurse Examiners;
(2) the Board of Vocational Nurse Examiners;
(3) the Department of Protective and Regulatory
Services;
(4) the Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(5) the Interagency Council on Early Childhood
Intervention;
(6) the State Board of Dental Examiners;
(7) the Texas Board of Chiropractic Examiners;
(8) the Texas Cancer Council;
(9) the Texas Commission for the Blind;
(10) the Texas Commission for the Deaf and Hard of
Hearing;
(11) the Texas Commission on Alcohol and Drug Abuse;
(12) the Texas Department of Health;
(13) the Texas Department of Human Services;
(14) the Texas Department of Mental Health and Mental
Retardation;
(15) the Texas Department on Aging;
(16) the Texas Health Care Information Council;
(17) the Texas Juvenile Probation Commission;
(18) the Texas Optometry Board;
(19) the Texas Rehabilitation Commission;
(20) the Texas State Board of Examiners of
Psychologists;
(21) the Texas State Board of Medical Examiners;
(22) the Texas State Board of Pharmacy;
(23) the Texas State Board of Podiatric Medical
Examiners; and
(24) the Texas Youth Commission.
(b) The abolition of a state agency or entity listed in
Subsection (a) of this section and the transfer of its powers,
duties, functions, programs, activities, obligations, rights,
contracts, records, property, funds, and employees as provided by
this Act do not affect or impair an act done, any obligation, right,
order, permit, certificate, rule, criterion, standard, or
requirement existing, or any penalty accrued under former law, and
that law remains in effect for any action concerning those matters.
SECTION 5.02. REPEAL. Article 2, Chapter 1505, Acts of the
76th Legislature, Regular Session, 1999, is repealed.
SECTION 5.03. REQUIRED WAIVER OR AUTHORIZATION. 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, the agency affected by the
provision shall request the waiver or authorization and may delay
implementing that provision until the waiver or authorization is
granted.
SECTION 5.04. EFFECTIVE DATE. Except as otherwise provided
by this Act, this Act takes effect September 1, 2004.