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A BILL TO BE ENTITLED
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AN ACT
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relating to the regional implementation of the privatization of |
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substitute care and case management services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.106(j), Family Code, is amended to |
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read as follows: |
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(j) On and after September 1, 2012 [2011], the department |
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may provide substitute care and case management services in an |
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emergency. The executive commissioner shall adopt rules describing |
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the circumstances in which the department may provide those |
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services. |
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SECTION 2. Section 45.054, Human Resources Code, is amended |
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by amending Subsections (a), (b), (e), (f), and (g) and adding |
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Subsection (e-1) to read as follows: |
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(a) The department shall implement, subject to the |
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determinations made in accordance with Subsection (e-1), the |
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privatization of substitute care and case management services on a |
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regional basis in accordance with the transition plan. The |
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transition plan must include a schedule with deadlines for |
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implementation of the plan. Subject to the requirements of |
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Subsections (c), (d), [and] (e), and (e-1), statewide |
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implementation of the plan shall be completed not later than |
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September 1, 2012 [2011]. The commission shall propose the first |
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three regions of the state for implementation of privatization |
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based on state demographics and shall consider including a rural |
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region, a metropolitan region, and a region including border areas |
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of the state. |
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(b) The transition plan must include a schedule with the |
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following deadlines for implementation of the plan: |
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(1) completion of the transition plan, not later than |
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March 1, 2006; |
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(2) release of a request for proposal for a geographic |
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region of the state designated by the department, not later than |
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April 30, 2006; |
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(3) the awarding and funding of the contract for |
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Region 8 [described by Subdivision (2)], not later than July 1, 2007 |
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[September 30, 2006]; |
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(4) establishment of the multidisciplinary team and |
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necessary processes, evaluation criteria, and monitoring tools to |
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be used to monitor and evaluate the performance of the contractor, |
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not later than July 1, 2007 [September 30, 2006]; |
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(5) completion of the transition of substitute care |
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and case management services in Region 8 [the first region], not |
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later than May 31, 2008 [December 31, 2007]; |
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(6) the review and evaluation of the multidisciplinary |
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team's reports pertaining to the contractor's achievement of |
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performance-based milestones and the effect on the quality of |
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permanency services provided, annually beginning May 31, 2008 |
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[December 31, 2007]; |
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(7) completion of the transition of substitute care |
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and case management services in the second and third regions, not |
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later than December 1, 2010 [2009]; and |
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(8) completion of the statewide implementation of |
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contracted substitute care and case management services for |
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additional geographic regions, not later than September 1, 2012 |
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[2011]. |
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(e) The department shall continue to implement the |
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transition plan for the second and third regions only after: |
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(1) the commission reports to the House Human Services |
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Committee, or its successor, and the Senate Health and Human |
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Services Committee, or its successor, the status of the initial |
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transition of services to a contractor in the first region not later |
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than September 1, 2007 [December 31, 2006]; |
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(2) the independent third party with whom the |
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department contracts under Subsection (c) evaluates and reports to |
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the House Human Services Committee, or its successor, and the |
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Senate Health and Human Services Committee, or its successor, on |
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the performance of contracted substitute care and case management |
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services in the first region not later than May 31, 2009 [December
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31, 2008]; and |
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(3) the commission determines, based on the report |
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prepared under Subdivision (2) or information obtained by the |
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review required under Subsection (b)(6), whether material |
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modifications to the model for privatization of substitute care and |
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case management services are necessary and submits a report and |
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recommendations to the House Human Services Committee, or its |
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successor, and the Senate Health and Human Services Committee, or |
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its successor, not later than May 31, 2009 [December 31, 2008]. |
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(e-1) The House Human Services Committee, or its successor, |
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and the Senate Health and Human Services Committee, or its |
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successor, shall evaluate the reports and recommendations of the |
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independent third party with whom the department contracts under |
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Subsection (c) and the commission's recommendation under |
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Subsection (e)(3) to determine whether the department shall |
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continue to implement the transition plan for the second and third |
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regions, based on the outcome of the demonstration region, Region |
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8. |
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(f) The department may not implement the transition plan for |
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the second and third regions before September 1, 2010 [2009]. |
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(g) The department shall continue to implement the |
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transition plan for the remaining regions of the state only after: |
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(1) the independent third party with whom the |
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department contracts under Subsection (c) evaluates and reports to |
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the House Human Services Committee, or its successor, and the |
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Senate Health and Human Services Committee, or its successor, on |
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the performance of contracted substitute care and case management |
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services in the second and third regions not later than September 1, |
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2011 [2010]; and |
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(2) the commission determines, based on the report |
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prepared under Subdivision (1) or information obtained by the |
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review required under Subsection (b)(6), whether material |
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modifications to the model for privatization of substitute care and |
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case management services are necessary and submits a report and |
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recommendations to the House Human Services Committee, or its |
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successor, and the Senate Health and Human Services Committee, or |
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its successor, not later than December 31, 2011 [2010]. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |