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79R2558 KEG-D
By: Naishtat H.B. No. 1338
A BILL TO BE ENTITLED
AN ACT
relating to an analysis by the state auditor of the
cost-effectiveness of the use of call centers for determining
eligibility for health and human services programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The state auditor shall conduct an audit to
review the determination by the Health and Human Services
Commission that the use of one or more call centers for determining
eligibility for health and human services programs under Section
531.063, Government Code, as added by Chapter 198, Acts of the 78th
Legislature, Regular Session, 2003, is cost-effective.
(b) In conducting an audit under this section, the state
auditor shall review available information that the state auditor
considers relevant, including any:
(1) request for bids, proposals, offers, or other
applicable expressions of interest issued by the Health and Human
Services Commission that relate to the establishment or operation
of a call center;
(2) contract proposed or entered into by the
commission for the establishment or operation of a call center;
(3) record of relevant hearings conducted by the
commission; and
(4) business case analysis or other cost-benefit
analysis report produced by the commission that relates to the
establishment or operation of a call center.
(c) In reviewing the cost-effectiveness of the use of call
centers for the purposes of an audit under this section, the state
auditor shall consider:
(1) the number of full-time employees of the Health
and Human Services Commission needed before the establishment of a
call center, if one has been established, to ensure accurate,
timely, and consistent determinations of a person's eligibility for
health and human services programs in a manner consistent with
state and federal standards;
(2) the number of full-time employees needed under a
proposed or existing contract for the establishment or operation of
a call center to meet or exceed applicable state and federal
standards and the performance standards of the commission's
eligibility determination system that existed before the
establishment of a call center, if one has been established;
(3) initial costs associated with the establishment of
a call center, including installation and transition costs;
(4) administrative costs associated with monitoring
and enforcing a proposed or existing contract for the operation of a
call center;
(5) the service delivery terms of any proposed or
existing contract for the establishment or operation of a call
center;
(6) the quality and reliability of goods or services
provided by each vendor identified under a proposed or existing
contract for the establishment or operation of a call center;
(7) the extent to which the goods or services
identified under a proposed or existing contract for the
establishment or operation of a call center meet the commission's
needs;
(8) any indicators of the actual or probable
performance of each vendor identified under a proposed or existing
contract for the establishment or operation of a call center,
including:
(A) the vendor's record of past performance in
this state and other states;
(B) the vendor's financial resources and
evidence of ability to fulfill the terms of the contract;
(C) the vendor's experience and demonstrated
ability to handle responsibility; and
(D) the vendor's ability to provide reliable
maintenance agreements;
(9) the impact of any proposed or existing contract
for the establishment or operation of a call center on the
commission's ability to comply with laws and rules relating to
historically underutilized businesses or the procurement of goods
and services from persons with disabilities;
(10) the total long-term cost to the commission of
acquiring goods or services from a vendor identified under a
proposed or existing contract for the establishment or operation of
a call center, including the potential cost of locating and
contracting with a substitute vendor to provide the goods or
services if the initial contracted vendor fails to fulfill its
obligations under the contract;
(11) any short-term or long-term costs to local
governments associated with the goods or services provided by a
vendor identified under a proposed or existing contract for the
operation of a call center;
(12) the cost of any employee training associated with
the establishment of a call center;
(13) the effect of a proposed or existing contract for
the establishment or operation of a call center on the productivity
of the commission;
(14) the amount obligated by the commission under a
proposed or existing contract for the establishment or operation of
a call center; and
(15) any other factor relevant to determining the
cost-effectiveness of call centers or the best value for the
commission with respect to a contract for the establishment or
operation of a call center.
(d) The Health and Human Services Commission shall
cooperate with the state auditor by producing reports, records, and
other information as requested by the state auditor during an audit
conducted under this section.
(e) The state auditor shall produce a report on the results
of the audit conducted under this section. The report must be
prepared and maintained in accordance with Section 321.014,
Government Code, and must include the state auditor's
recommendations for the Health and Human Services Commission to
improve the cost-effectiveness of any call centers established
under Section 531.063, Government Code, as added by Chapter 198,
Acts of the 78th Legislature, Regular Session, 2003. Not later than
December 1, 2005, the state auditor shall submit the report to the
governor, the legislature, and the executive commissioner of the
Health and Human Services Commission.
SECTION 2. Notwithstanding Section 531.063, Government
Code, as added by Chapter 198, Acts of the 78th Legislature, Regular
Session, 2003, the Health and Human Services Commission may not
enter into or renew a contract for the operation of a call center
required by that section unless the commission first reviews a
report produced by the state auditor under Section 1 of this Act and
complies with any recommendations of the state auditor with respect
to improving the cost-effectiveness of call centers.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.