80R778 BEF-D

By: Nelson S.B. No. 37

A BILL TO BE ENTITLED

AN ACT

relating to the duties of the office of the ombudsman within the Health and Human Services Commission.

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

SECTION 1. Section 531.008(c), Government Code, is amended to read as follows:

(c) The executive commissioner shall establish the following divisions and offices within the commission:

(1) the eligibility services division to make eligibility determinations for services provided through the commission or a health and human services agency related to:

(A) the child health plan program;

(B) the financial assistance program under Chapter 31, Human Resources Code;

(C) the medical assistance program under Chapter 32, Human Resources Code;

(D) the nutritional assistance programs under Chapter 33, Human Resources Code;

(E) long-term care services, as defined by Section 22.0011, Human Resources Code;

(F) community-based support services identified or provided in accordance with Section 531.02481; and

(G) other health and human services programs, as appropriate;

(2) the office of inspector general to perform fraud and abuse investigation and enforcement functions as provided by Subchapter C and other law;

(3) the office of the ombudsman to:

(A) provide dispute resolution services for the commission and the health and human services agencies; [and]

(B) perform consumer protection functions related to health and human services;

(C) provide information to the public about the complaint process at each licensing agency listed in Section 101.002, Occupations Code; and

(D) assist consumers in obtaining information about the status of complaints at each licensing agency listed in Section 101.002, Occupations Code;

(4) a purchasing division as provided by Section 531.017; and

(5) an internal audit division to conduct a program of internal auditing in accordance with [Government Code,] Chapter 2102.

SECTION 2. Section 101.307, Occupations Code, is transferred to Subchapter B, Chapter 531, Government Code, is redesignated as Section 531.0275, Government Code, and is further amended to read as follows:

Sec. 531.0275 [101.307]. FUNDING OF OFFICE OF THE OMBUDSMAN. (a) To provide funding [sufficient] for the office o f the ombudsman to exercise the powers and duties prescribed by Sections 531.008(c)(3)(C) and (D) [this subchapter]:

(1) the initial licensing or registration fee charged by each licensing agency listed in Section 101.002, Occupations Code, is increased by $5; and

(2) the renewal fee charged by each licensing agency listed in Section 101.002, Occupations Code, is increased by $1 for each year for which the license or registration is renewed.

(b) The fee increases authorized under this section shall be collected in the same manner as the assessment under Section 101.006, Occupations Code, and shall be deposited in a special account in the general revenue fund that may be appropriated only for the purposes prescribed by Sections 531.008(c)(3)(C) and (D). [The council may spend the fees collected under this section only to fund the activities of the office under this subchapter.]

SECTION 3. Sections 101.301, 101.302, 101.303, 101.304, 101.305, and 101.306, Occupations Code, are repealed.

SECTION 4. The subchapter heading to Subchapter G, Chapter 101, Occupations Code, is repealed.

SECTION 5. The change in law made by this Act by the enactment of Section 531.0275, Government Code, applies only to a fee collected for the issuance or renewal of a license on or after October 1, 2007. A fee collected before that date is governed by the law in effect on the date the fee was collected, and the former law is continued in effect for that purpose.

SECTION 6. This Act takes effect September 1, 2007.