H.B. No. 3575

AN ACT

relating to enhancing the health and human services integrated eligibility and benefits determination system to meet the needs of persons in this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 531, Government Code, is amended by adding Section 531.019 to read as follows:

Sec. 531.019. SERVICES PROVIDED BY CONTRACTOR TO PERSONS WITH LIMITED ENGLISH PROFICIENCY. (a) Each contract with the commission or a health and human services agency that requires the provision of call center services or written communications related to call center services must include performance standards that measure the effectiveness, promptness, and accuracy of the contractor's oral and written communications with persons with limited English proficiency. Each person who seeks to enter into a contract described by this subsection shall include in the bid or other applicable expression of interest for the contract a proposal for providing call center services or written communications related to call center services to persons with limited English proficiency.

(b) The proposal required under Subsection (a) must include a language access plan that describes how the contractor will achieve any performance standards described in the request for bids, proposals, or other applicable expressions of interest. The plan must also describe how the contractor will:

(1) identify persons who need language assistance;

(2) provide language assistance measures, including the translation of forms into languages other than English and the provision of translators and interpreters;

(3) inform persons with limited English proficiency of the language services available to them and how to obtain them;

(4) develop and implement qualifications for bilingual staff; and

(5) monitor compliance with the language access plan.

(c) In determining which bid or other applicable expression of interest offers the best value, the commission or a health and human services agency, as applicable, shall evaluate the extent to which the proposal for providing call center services or written communications related to call center services in languages other than English will provide meaningful access to the services for persons with limited English proficiency.

(d) In determining the extent to which a proposal will provide meaningful access under Subsection (c), the agency shall consider:

(1) the language access plan developed under Subsection (b);

(2) the number or proportion of persons with limited English proficiency in the agency's eligible service population;

(3) the frequency with which persons with limited English proficiency seek information regarding the agency's programs;

(4) the importance of the services provided by the agency's programs; and

(5) the resources available to the agency.

(e) The agency must avoid selecting a contractor that the agency reasonably believes will:

(1) provide information in languages other than English that is limited in scope;

(2) unreasonably delay the provision of information in languages other than English; or

(3) provide program information, including forms, notices, and correspondence, in English only.

(f) This section does not apply to 2-1-1 services provided by the Texas Information and Referral Network.

SECTION 2. Chapter 531, Government Code, is amended by adding Subchapter M to read as follows:

SUBCHAPTER M. MONITORING AND ENHANCEMENT OF HEALTH AND HUMAN

SERVICES INFORMATION TECHNOLOGY SYSTEMS

Sec. 531.451. DEFINITIONS. In this subchapter:

(1) "Committee" means the health and human services eligibility system legislative oversight committee.

(2) "Eligibility system" means the following information technology and data processing systems used in the delivery of health and human services benefit programs:

(A) the Texas Integrated Eligibility Redesign System (TIERS);

(B) the System of Application, Verification, Eligibility, Referral, and Reporting (SAVERR);

(C) integration processes and practices that facilitate interactions between the systems described by Paragraphs (A) and (B) and allow for the exchange of information between those systems; and

(D) delivery processes and practices that directly leverage the systems described by Paragraphs (A) and (B) and interact with applicants for and recipients of health and human services program benefits.

(3) "Enhanced eligibility system" means the eligibility system as modified to meet the goals described in Section 531.452 in accordance with the transition plan developed under Section 531.453.

(4) "Quality assurance team" means the quality assurance team created under Section 2054.158.

Sec. 531.452. GOALS FOR ENHANCED ELIGIBILITY SYSTEM. The enhanced eligibility system implemented under this subchapter must be designed to achieve the following goals with respect to health and human services programs in this state:

(1) increase the quality of and client access to services provided through the programs;

(2) implement more efficient business processes that will reduce processing times for applications for program benefits and reduce staff workloads;

(3) implement simplified application and enrollment processes for the programs in a manner that is consistent with program goals established by the legislature;

(4) enhance the integrity of and reduce fraud in the programs; and

(5) ensure compliance with applicable federal law, including rules.

Sec. 531.453. ELIGIBILITY SYSTEM TRANSITION PLAN. (a) The commission shall develop a transition plan under which the eligibility system in existence on September 1, 2007, is transformed and enhanced to be more fully functional relative to the needs of eligible Texas residents and to meet the goals described in Section 531.452 not later than January 1, 2009. The commission shall include a timetable in the transition plan for meeting specific goals with respect to achieving that transformation.

(b) The transition plan must:

(1) include a description of the commission's responsibilities with respect to and role in making the transition from the eligibility system in existence on September 1, 2007, to the enhanced eligibility system;

(2) specify the responsibilities and roles of persons with whom the commission contracted before October 1, 2007, in making that transition and implementing the enhanced eligibility system;

(3) specify the responsibilities and roles of persons with whom the commission contracts on or after October 1, 2007, in making that transition and implementing the enhanced eligibility system; and

(4) specify the steps the commission will take to achieve the goals of the enhanced eligibility system as described in Section 531.452.

(c) The commission shall make the transition plan available to the public at a public hearing conducted by the committee not later than October 15, 2007.

Sec. 531.454. ELIGIBILITY SYSTEM REVIEW DURING TRANSITION PERIOD. (a) The state auditor's office shall establish, in consultation with the Department of Information Resources, an independent validation and verification program for the eligibility system during the period of the transition plan developed under Section 531.453. The state auditor's office shall also coordinate and consult with the commission, including the commission's office of inspector general, in establishing the program.

(b) The independent validation and verification program must allow for a determination of:

(1) whether the goals set by the commission in the transition plan are being met in accordance with the timetable required by Section 531.453(a);

(2) whether the eligibility system is progressing toward becoming fully functional relative to the needs of eligible Texas residents;

(3) what actions are necessary to achieve full functionality of the eligibility system;

(4) whether the commission is making progress toward meeting the goals of the enhanced eligibility system described in Section 531.452; and

(5) what additional actions are necessary to achieve the goals of the enhanced eligibility system.

(c) The state auditor's office shall present the proposed independent validation and verification program to the committee and seek the committee's recommendations for modifications to the proposed program. The state auditor's office shall consider the committee's recommendations and modify the proposed program as necessary.

(d) The state auditor's office may:

(1) enter into a contract with a person to perform the duties required of the office under Subsection (a), subject to the requirements of Subsection (c); and

(2) enter into a contract with a person to implement the independent validation and verification program, or may implement the program using a contractor with which the commission contracts as provided by Subsection (e).

(e) The commission may enter into a contract with a person before September 1, 2007, to operate an independent validation and verification program for the eligibility system.

(f) The quality assurance team shall establish a schedule for periodic monitoring of the eligibility system during the period of the transition plan developed under Section 531.453.

(g) The state auditor's office and the quality assurance team shall share information as necessary to fulfill their respective duties under this section.

Sec. 531.455. ENHANCED ELIGIBILITY SYSTEM AS MAJOR INFORMATION RESOURCES PROJECT. The commission shall identify the enhanced eligibility system as a major information resources project, as defined by Section 2054.003(10), in the commission's biennial operating plan.

Sec. 531.456. HEALTH AND HUMAN SERVICES ELIGIBILITY SYSTEM LEGISLATIVE OVERSIGHT COMMITTEE. (a) The health and human services eligibility system legislative oversight committee is created to support the commission's implementation of the enhanced eligibility system in a manner that maximizes the positive effects of that implementation on the delivery of health and human services in this state.

(b) The committee is composed of seven members, as follows:

(1) the presiding officer of the Senate Health and Human Services Committee, or its successor;

(2) the presiding officer of the House Human Services Committee, or its successor;

(3) two members of the senate, appointed by the lieutenant governor;

(4) two members of the house of representatives, appointed by the speaker of the house of representatives; and

(5) one additional member, appointed by the governor.

(c) The executive commissioner serves as an ex officio member of the committee.

(d) A member of the committee appointed under Subsection (b)(3), (4), or (5) serves at the will of the appointing official.

(e) The lieutenant governor shall designate one committee member to serve as a joint presiding officer of the committee, and the speaker of the house of representatives shall designate another committee member to serve as the other joint presiding officer.

(f) The committee meets at the call of a joint presiding officer.

(g) A committee member may not receive compensation for serving on the committee, but is entitled to reimbursement for expenses incurred by the member while conducting the business of the committee as provided by the General Appropriations Act.

Sec. 531.457. DUTIES OF COMMITTEE. The committee shall:

(1) conduct a public hearing at least once every four months;

(2) review information with respect to the transition plan developed under Section 531.453, and the progress made in implementing that plan, including whether the eligibility system is progressing toward achieving full functionality and meeting the goals described in Section 531.452;

(3) review recommendations made by the commission, the state auditor's office, and the quality assurance team regarding actions necessary to make a component of the eligibility system that is not fully functional achieve that functionality;

(4) not later than December 1, 2008, make recommendations to the legislature regarding any legislative action necessary to support the implementation of the enhanced eligibility system in a manner that maximizes the positive effects of that implementation on the delivery of health and human services in this state; and

(5) after implementation of the enhanced eligibility system, monitor and regularly report to the legislature on the effectiveness and efficiency of that system.

Sec. 531.458. EXPIRATION. This subchapter expires September 1, 2011.

SECTION 3. (a) In this section, "commission" and "health and human services agencies" have the meanings assigned by Section 531.001, Government Code.

(b) Section 531.019, Government Code, as added by this Act, applies only to a contract for which the commission or a health and human services agency first advertises or otherwise solicits bids, proposals, offers, or qualifications, as applicable, on or after September 1, 2007.

SECTION 4. Not later than September 1, 2007, the governor, the lieutenant governor, and the speaker of the house of representatives shall appoint the members of the health and human services eligibility system legislative oversight committee as required by Section 531.456, Government Code, as added by this Act.

SECTION 5. Not later than October 15, 2007, the health and human services eligibility system legislative oversight committee shall conduct the first public hearing required by Section 531.457, Government Code, as added by this Act.

SECTION 6. 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, 2007.

______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 3575 was passed by the House on May 11, 2007, by the following vote: Yeas 133, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 3575 on May 25, 2007, by the following vote: Yeas 136, Nays 2, 2 present, not voting.

______________________________ Chief Clerk of the House

I certify that H.B. No. 3575 was passed by the Senate, with amendments, on May 22, 2007, by the following vote: Yeas 31, Nays 0.

______________________________ Secretary of the Senate APPROVED: __________________

Date

__________________

Governor