80R7124 YDB-D

By: Deuell S.B. No. 1142

A BILL TO BE ENTITLED

AN ACT

relating to an audit of health and human services information technology systems.

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

SECTION 1. Chapter 531, Government Code, is amended by adding Subchapter M to read as follows: SUBCHAPTER M. AUDIT OF HEALTH AND HUMAN SERVICES INFORMATION TECHNOLOGY SYSTEMS

Sec. 531.451. DEFINITION. In this subchapter, "system" means an information technology and data processing system used in the delivery of health and human services benefit programs, including:

(1) the Texas Integrated Eligibility Redesign System (TIERS); and

(2) the System of Application, Verification, Eligibility, Referral, and Reporting (SAVERR).

Sec. 531.452. AUDIT BY STATE AUDITOR. The state auditor shall conduct an audit of the information technology and data processing systems, including the Texas Integrated Eligibility Redesign System (TIERS) and the System of Application, Verification, Eligibility, Referral, and Reporting (SAVERR), used to support eligibility and program delivery of health and human services benefit programs.

Sec. 531.453. PERSONNEL; CONSULTING SERVICES. The state auditor may:

(1) use personnel from the state auditor's office; or

(2) contract for consulting services as necessary to accomplish the purposes of this subchapter.

Sec. 531.454. CONDUCT OF AUDITS. In conducting an audit of a system under this subchapter, the state auditor shall:

(1) seek and accept comments from users of the system, including individuals who receive eligibility and other information from applicants for and participants in the health and human services benefit programs, and other interested parties; and

(2) consider the comments received in making recommendations under this subchapter.

Sec. 531.455. AUDIT DETERMINATIONS AND RECOMMENDATIONS. For each system audited, the state auditor shall:

(1) determine the current functionality of the system relative to the needs of the users of the system;

(2) if the system is not fully functional, determine whether the system can be made fully functional with reasonable efforts; and

(3) if the system can be made fully functional, recommend a course of action to achieve full functionality.

Sec. 531.456. INTERIM RECOMMENDATIONS. (a) Not later than December 31, 2007, the state auditor shall make interim recommendations on whether new health and human services benefit program cases should be entered or converted into the Texas Integrated Eligibility Redesign System (TIERS) to:

(1) the presiding officer of the Senate Health and Human Services Committee;

(2) the presiding officer of the House Human Services Committee;

(3) the governor; and

(4) the executive commissioner.

(b) The state auditor shall base any recommendation to resume entering or converting new health and human services benefit program cases into the Texas Integrated Eligibility Redesign System (TIERS), except as provided by Section 531.459(c), on:

(1) a determination that the system's functionality is at or above January 2004 performance levels for health and human services benefit program cases in the system; and

(2) a reasonable expectation that the Texas Integrated Eligibility Redesign System (TIERS) will be considered the best system for health and human services benefit program information technology.

Sec. 531.457. REPORT OF FINDINGS AND RECOMMENDATIONS. (a) Not later than July 1, 2008, the state auditor shall issue a final report on the audit of each system to:

(1) the presiding officer of the Senate Health and Human Services Committee;

(2) the presiding officer of the House Human Services Committee;

(3) the governor; and

(4) the executive commissioner.

(b) The report must:

(1) determine whether each system audited is fully functional in its current state;

(2) if neither system audited is fully functional but may be made fully functional with reasonable efforts, determine which system can be made fully functional in the shortest amount of time and in the most cost-effective manner;

(3) if both systems audited can be made fully functional with reasonable efforts, recommend a course of action for bringing each system to its full functionality in the shortest amount of time and in the most cost-effective manner; and

(4) if neither of the systems audited can be made fully functional with reasonable efforts, recommend actions this state should pursue to install a fully functional system.

Sec. 531.458. PUBLIC HEARINGS. (a) The presiding officers of the Senate Health and Human Services Committee and the House Human Services Committee shall arrange not less than five public hearings to present the findings of the state auditor and accept testimony from all interested parties.

(b) The state auditor shall release to the public the findings of the audit conducted under this subchapter not later than the 30th day before the date of the first hearing.

(c) The commission shall publicize the hearings and make information on the hearings available to individuals who receive eligibility and other information from applicants and participants in the health and human services benefit programs.

(d) Not more than one of the public hearings may be held in Austin. At least four hearings must be held in locations geographically distributed throughout this state.

Sec. 531.459. EXPANSION OF SYSTEM SUSPENDED. (a) Except as provided by Subsection (b), the commission may not expand the Texas Integrated Eligibility Redesign System (TIERS) by adding new health and human services benefit program cases until the commission:

(1) reviews the state auditor's report on the audit of the system under this subchapter; and

(2) complies with any recommendations in the report.

(b) The executive commissioner shall suspend all entry of new health and human services benefit program cases or conversion of existing cases into the Texas Integrated Eligibility Redesign System (TIERS) for cases occurring in any county, other than a county using that system to enter cases before September 1, 2007, until the system meets the performance levels demonstrated by the statewide system in January 2004.

(c) Counties that before September 1, 2007, used the Texas Integrated Eligibility Redesign System (TIERS) to enter health and human services benefit program cases shall continue to use that system.

(d) Cases currently in the Texas Integrated Eligibility Redesign System (TIERS) shall remain in the system.

(e) Entry or conversion of health and human services benefit program cases into the Texas Integrated Eligibility Redesign System (TIERS) may be resumed by counties not included under Subsection (c) on acceptance by the presiding officers of the Senate Health and Human Services Committee and the House Human Services Committee of determinations by the state auditor that the system's functionality is at January 2004 performance levels for cases in the system and that there is a reasonable expectation that the Texas Integrated Eligibility Redesign System (TIERS) will be adopted as the final health and human services information system.

Sec. 531.460. EXPIRATION. This subchapter expires January 1, 2009.

SECTION 2. This Act takes effect September 1, 2007.