80R8141 MCK-D
 
  By: Hughes H.B. No. 3916
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the regional implementation of the privatization of
substitute care and case management services.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 264.106(j), Family Code, is amended to
read as follows:
       (j)  On and after September 1, 2012 [2011], the department
may provide substitute care and case management services in an
emergency. The executive commissioner shall adopt rules describing
the circumstances in which the department may provide those
services.
       SECTION 2.  Section 45.054, Human Resources Code, is amended
by amending Subsections (a), (b), (e), (f), and (g) and adding
Subsection (e-1) to read as follows:
       (a)  The department shall implement, subject to the
determinations made in accordance with Subsection (e-1), the
privatization of substitute care and case management services on a
regional basis in accordance with the transition plan. The
transition plan must include a schedule with deadlines for
implementation of the plan. Subject to the requirements of
Subsections (c), (d), [and] (e), and (e-1), statewide
implementation of the plan shall be completed not later than
September 1, 2012 [2011]. The commission shall propose the first
three regions of the state for implementation of privatization
based on state demographics and shall consider including a rural
region, a metropolitan region, and a region including border areas
of the state.
       (b)  The transition plan must include a schedule with the
following deadlines for implementation of the plan:
             (1)  completion of the transition plan, not later than
March 1, 2006;
             (2)  release of a request for proposal for a geographic
region of the state designated by the department, not later than
April 30, 2006;
             (3)  the awarding and funding of the contract for
Region 8 [described by Subdivision (2)], not later than July 1, 2007
[September 30, 2006];
             (4)  establishment of the multidisciplinary team and
necessary processes, evaluation criteria, and monitoring tools to
be used to monitor and evaluate the performance of the contractor,
not later than July 1, 2007 [September 30, 2006];
             (5)  completion of the transition of substitute care
and case management services in Region 8 [the first region], not
later than May 31, 2008 [December 31, 2007];
             (6)  the review and evaluation of the multidisciplinary
team's reports pertaining to the contractor's achievement of
performance-based milestones and the effect on the quality of
permanency services provided, annually beginning May 31, 2008
[December 31, 2007];
             (7)  completion of the transition of substitute care
and case management services in the second and third regions, not
later than December 1, 2010 [2009]; and
             (8)  completion of the statewide implementation of
contracted substitute care and case management services for
additional geographic regions, not later than September 1, 2012
[2011].
       (e)  The department shall continue to implement the
transition plan for the second and third regions only after:
             (1)  the commission reports to the House Human Services
Committee, or its successor, and the Senate Health and Human
Services Committee, or its successor, the status of the initial
transition of services to a contractor in the first region not later
than September 1, 2007 [December 31, 2006];
             (2)  the independent third party with whom the
department contracts under Subsection (c) evaluates and reports to
the House Human Services Committee, or its successor, and the
Senate Health and Human Services Committee, or its successor, on
the performance of contracted substitute care and case management
services in the first region not later than May 31, 2009 [December
31, 2008]; and
             (3)  the commission determines, based on the report
prepared under Subdivision (2) or information obtained by the
review required under Subsection (b)(6), whether material
modifications to the model for privatization of substitute care and
case management services are necessary and submits a report and
recommendations to the House Human Services Committee, or its
successor, and the Senate Health and Human Services Committee, or
its successor, not later than May 31, 2009 [December 31, 2008].
       (e-1) The House Human Services Committee, or its successor,
and the Senate Health and Human Services Committee, or its
successor, shall evaluate the reports and recommendations of the
independent third party with whom the department contracts under
Subsection (c) and the commission's recommendation under
Subsection (e)(3) to determine whether the department shall
continue to implement the transition plan for the second and third
regions, based on the outcome of the demonstration region, Region
8.
       (f)  The department may not implement the transition plan for
the second and third regions before September 1, 2010 [2009].
       (g)  The department shall continue to implement the
transition plan for the remaining regions of the state only after:
             (1)  the independent third party with whom the
department contracts under Subsection (c) evaluates and reports to
the House Human Services Committee, or its successor, and the
Senate Health and Human Services Committee, or its successor, on
the performance of contracted substitute care and case management
services in the second and third regions not later than September 1,
2011 [2010]; and
             (2)  the commission determines, based on the report
prepared under Subdivision (1) or information obtained by the
review required under Subsection (b)(6), whether material
modifications to the model for privatization of substitute care and
case management services are necessary and submits a report and
recommendations to the House Human Services Committee, or its
successor, and the Senate Health and Human Services Committee, or
its successor, not later than December 31, 2011 [2010].
       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, 2007.