Amend CSSB 758 (Senate committee printing) as follows:
(1) Strike the introductory language to SECTION 7(a) of the
bill (page 2, lines 51 through 53) and substitute "Subsections (a),
(b), (c), (e), (f), (i), (j), and (k), Section 264.106, Family Code,
are amended to read as follows:"
(2) In SECTION 7(a) of the bill, strike amended Subdivision
(2), Subsection (a), Section 264.106, Family Code (page 3, lines 3
through 23), and substitute the following:
(1-a) "Conservatorship services" means services
provided directly by the department that the department considers
necessary to ensure federal financial participation and compliance
with state law requirements, including:
(A) initial placement of a child and approval of
all subsequent placements of a child;
(B) approval of the child and family service
plan;
(C) assisting the department in a suit affecting
the parent-child relationship commenced by the department; and
(D) any other action the department considers
necessary to ensure the safety and well-being of a child.
(2) "Independent administrator" means an independent
agency selected through a competitive procurement process to:
(A) secure, coordinate, and manage substitute
care services and case management services in a geographically
designated area of the state; and
(B) ensure continuity of care for a child
referred to the administrator by the department and the child's
family from the day a child enters the child protective services
system until the child leaves the system.
(3) In SECTION 7(a) of the bill, strike amended Subsection
(b), Section 264.106, Family Code (page 3, line 53, through page 4,
line 3), and substitute the following:
(b) The department shall, in accordance with Section
45.004, Human Resources Code:
(1) assess the need for substitute care and case
management services throughout the state;
(2) [either] contract [directly] with private
agencies as part of regional community-centered networks for the
provision of:
(A) all necessary substitute care services; and
(B) case management services in at least 10
percent of the cases in the state [or use an independent
administrator to contract for those services];
(3) contract with an independent administrator, if
cost beneficial, to:
(A) procure all substitute care and case
management services in Region 8 as a demonstration project; and
(B) coordinate and manage all services needed for
children in the temporary or permanent managing conservatorship of
the department in Region 8 as a demonstration project [a designated
geographic area];
(4) monitor the quality of services for which the
department and each independent administrator contract under this
section; and
(5) ensure that the services are provided in
accordance with federal law and the laws of this state, including
department rules and rules of the Department of State Health
Services and the Texas Commission on Environmental Quality.
(4) In SECTION 7(a) of the bill, strike amended Subsection
(c), Section 264.106, Family Code (page 4, lines 4 through 16), and
substitute the following:
(c) The department shall develop a pilot program for the
competitive procurement of case management services in one or more
geographic areas of the state. The department shall either
contract directly with one or more substitute care providers to
provide case management services under the pilot program or use an
independent administrator to contract for those services. The
department shall have a goal of providing case management services
in at least 10 percent of the cases in which the department has been
appointed temporary or permanent managing conservator of a child
using contract providers. An independent administrator may not:
(1) directly provide substitute care services; or
(2) be governed by a board that has a member who has a
financial interest in a substitute care or case management provider
with whom the independent administrator subcontracts.
(5) In SECTION 7(a) of the bill, strike amended Subsection
(e), Section 264.106, Family Code (page 4, lines 17 through 43), and
substitute the following:
(e) In addition to the requirements of Section 40.058(b),
Human Resources Code, a contract with a private agency or an
independent administrator must include provisions that:
(1) enable the department to monitor the effectiveness
of the services;
(2) specify performance outcomes;
(3) authorize the department to terminate the contract
or impose sanctions for a violation of a provision of the contract
that specifies performance criteria;
(4) ensure that:
(A) an independent administrator may not refuse
to accept a client who is referred for services or reject a client
who is receiving services unless the department has reviewed the
independent administrator's decision and approved the decision in
writing;
(B) a private agency that contracts under
Subsection (b)(2)(A) may refuse to accept only a specified
percentage of clients who are referred for services or reject only a
specified percentage of clients who are receiving services unless
the department has reviewed the private agency's decision and
approved the decision in writing; and
(C) the standards provided by Paragraphs (A) and
(B) apply only to children whose assessment matches the child
profile of children the agency is equipped to care for;
(5) authorize the department, an agent of the
department, and the state auditor to inspect all books, records,
and files maintained by a private agency or an independent
administrator relating to the contract; and
(6) the department determines are necessary to ensure
accountability for the delivery of services and for the expenditure
of public funds.
(f) A contract with an independent administrator for
substitute care and case management services under Subsection
(b)(3) [(b)(2)] must include department-approved provisions that:
(1) enable the independent administrator and the
department to:
(A) monitor the effectiveness of substitute care
and case management services; and
(B) specify performance standards and authorize
termination of the contract for cause;
(2) describe how performance is linked to
reimbursement amounts or schedules to provide incentives for
desired results;
(3) require all independent administrators and
private contractors to disclose to the department any information
that may indicate an actual or potential conflict of interest with
the commission, the department, or another health and human
services agency, including information regarding actual or
potential related-party transactions, relationships, interests, or
business history, and any other factor that may indicate an actual
or potential conflict of interest;
(4) authorize the independent administrator, an agent
of the independent administrator, the department, an agent of the
department, and the state auditor to inspect all books, records,
and files maintained by a contractor relating to the contract; and
(5) the department determines are necessary to ensure
accountability for the delivery of services and for the expenditure
of public funds.
(6) In SECTION 7(a) of the bill, strike amended Subsection
(g), Section 264.106, Family Code (page 4, lines 44 through 48).
(7) Add the following appropriately numbered SECTION to the
bill and renumber the remaining SECTIONS of the bill as
appropriate:
SECTION ____. Section 264.1062, Family Code, is amended to
read as follows:
Sec. 264.1062. EVALUATION OF INDEPENDENT ADMINISTRATORS.
(a) The department shall develop and implement a comprehensive
multidisciplinary team to monitor and evaluate the performance of
independent administrators. The team must consist of specialized
staff who can enable the department to measure critical dimensions
of community-based organization performance, obtained through the
quality assurance functions of the independent administrator,
including:
(1) achievement of client and system outcomes;
(2) compliance with contractual terms and conditions;
and
(3) any history of the community-based organization's
noncompliance with the department's licensing standards.
(b) The department shall develop and implement a
comprehensive multidisciplinary team to monitor and evaluate the
performance of independent administrators. The team must consist
of specialized staff who can enable the department to measure
critical dimensions of community-based organization performance,
obtained through the quality assurance functions of the independent
administrator, including:
(1) achievement of client and systems outcomes;
(2) compliance with contractual terms and conditions;
and
(3) any history of the community-based organization's
noncompliance with the department's licensing standards.
(8) In SECTION 9 of the bill, strike amended Subsection (e),
Section 264.107, Family Code (page 5, lines 50 through 56), and
substitute the following:
(e) In making placement decisions, an independent
administrator or other authorized entity shall:
(1) consult with the child's caseworker and the
child's guardian ad litem or court-appointed volunteer advocate
when possible; and
(2) use clinical protocols to match a child to the most
appropriate placement resource.
(9) In SECTION 28 of the bill, in amended Section 45.002,
Human Resources Code (page 11, between lines 35 and 36), insert the
following:
(a-1) On or after September 1, 2008, all substitute care and
case management services in Region 8, the demonstration region,
must be provided by contract providers.
(10) In SECTION 29 of the bill, in amended Section 45.004,
Human Resources Code (page 12, lines 6 and 7), strike the heading to
that amended section and substitute "INDEPENDENT ADMINISTRATORS
AND[;] DEPARTMENT DUTIES.".
(11) In SECTION 29 of the bill, in amended Section 45.004,
Human Resources Code (page 12, line 7), strike "[(a) The" and
substitute "(a) [The".
(12) In SECTION 29 of the bill, in amended Section 45.004,
Human Resources Code (page 12, between lines 47 and 48), insert the
following:
(b) An independent administrator must organize and convene
an executive committee composed of the chief executive officer of
each participating nonprofit substitute care and case management
provider in Region 8 to:
(1) provide a quarterly update on program and
financial outcomes; and
(2) allow provider input to recommendations that
enhance policies and procedures used in the pilot project area.
(13) In SECTION 31 of the bill, in amended Subsection (d),
Section 45.054, Human Resources Code (page 13, line 10), after the
period, insert "The House Human Services Committee, or its
successor, and the Senate Health and Human Services Committee, or
its successor, shall review the results of the pilot program."