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A BILL TO BE ENTITLED
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AN ACT
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relating to an audit of health and human services information |
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technology systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 531, Government Code, is amended by |
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adding Subchapter M to read as follows: |
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SUBCHAPTER M. AUDIT OF HEALTH AND HUMAN SERVICES |
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INFORMATION TECHNOLOGY SYSTEMS |
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Sec. 531.451. DEFINITION. In this subchapter, "system" |
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means an information technology and data processing system used in |
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the delivery of health and human services benefit programs, |
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including: |
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(1) the Texas Integrated Eligibility Redesign System |
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(TIERS); and |
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(2) the System of Application, Verification, |
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Eligibility, Referral, and Reporting (SAVERR). |
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Sec. 531.452. AUDIT BY STATE AUDITOR. The state auditor |
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shall conduct an audit of the information technology and data |
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processing systems, including the Texas Integrated Eligibility |
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Redesign System (TIERS) and the System of Application, |
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Verification, Eligibility, Referral, and Reporting (SAVERR), used |
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to support eligibility and program delivery of health and human |
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services benefit programs. |
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Sec. 531.453. PERSONNEL; CONSULTING SERVICES. The state |
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auditor may: |
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(1) use personnel from the state auditor's office; or |
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(2) contract for consulting services as necessary to |
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accomplish the purposes of this subchapter. |
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Sec. 531.454. CONDUCT OF AUDITS. In conducting an audit of a |
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system under this subchapter, the state auditor shall: |
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(1) seek and accept comments from users of the system, |
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including individuals who receive eligibility and other |
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information from applicants for and participants in the health and |
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human services benefit programs, and other interested parties; and |
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(2) consider the comments received in making |
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recommendations under this subchapter. |
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Sec. 531.455. AUDIT DETERMINATIONS AND RECOMMENDATIONS. |
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For each system audited, the state auditor shall: |
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(1) determine the current functionality of the system |
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relative to the needs of the users of the system; |
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(2) if the system is not fully functional, determine |
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whether the system can be made fully functional with reasonable |
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efforts; and |
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(3) if the system can be made fully functional, |
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recommend a course of action to achieve full functionality. |
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Sec. 531.456. INTERIM RECOMMENDATIONS. (a) Not later than |
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December 31, 2007, the state auditor shall make interim |
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recommendations on whether new health and human services benefit |
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program cases should be entered or converted into the Texas |
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Integrated Eligibility Redesign System (TIERS) to: |
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(1) the presiding officer of the Senate Health and |
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Human Services Committee; |
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(2) the presiding officer of the House Human Services |
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Committee; |
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(3) the governor; and |
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(4) the executive commissioner. |
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(b) The state auditor shall base any recommendation to |
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resume entering or converting new health and human services benefit |
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program cases into the Texas Integrated Eligibility Redesign System |
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(TIERS), except as provided by Section 531.459(c), on: |
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(1) a determination that the system's functionality is |
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at or above January 2004 performance levels for health and human |
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services benefit program cases in the system; and |
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(2) a reasonable expectation that the Texas Integrated |
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Eligibility Redesign System (TIERS) will be considered the best |
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system for health and human services benefit program information |
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technology. |
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Sec. 531.457. REPORT OF FINDINGS AND RECOMMENDATIONS. (a) |
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Not later than July 1, 2008, the state auditor shall issue a final |
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report on the audit of each system to: |
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(1) the presiding officer of the Senate Health and |
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Human Services Committee; |
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(2) the presiding officer of the House Human Services |
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Committee; |
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(3) the governor; and |
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(4) the executive commissioner. |
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(b) The report must: |
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(1) determine whether each system audited is fully |
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functional in its current state; |
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(2) if neither system audited is fully functional but |
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may be made fully functional with reasonable efforts, determine |
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which system can be made fully functional in the shortest amount of |
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time and in the most cost-effective manner; |
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(3) if both systems audited can be made fully |
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functional with reasonable efforts, recommend a course of action |
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for bringing each system to its full functionality in the shortest |
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amount of time and in the most cost-effective manner; and |
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(4) if neither of the systems audited can be made fully |
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functional with reasonable efforts, recommend actions this state |
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should pursue to install a fully functional system. |
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Sec. 531.458. PUBLIC HEARINGS. (a) The presiding officers |
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of the Senate Health and Human Services Committee and the House |
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Human Services Committee shall arrange not less than five public |
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hearings to present the findings of the state auditor and accept |
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testimony from all interested parties. |
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(b) The state auditor shall release to the public the |
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findings of the audit conducted under this subchapter not later |
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than the 30th day before the date of the first hearing. |
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(c) The commission shall publicize the hearings and make |
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information on the hearings available to individuals who receive |
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eligibility and other information from applicants and participants |
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in the health and human services benefit programs. |
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(d) Not more than one of the public hearings may be held in |
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Austin. At least four hearings must be held in locations |
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geographically distributed throughout this state. |
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Sec. 531.459. EXPANSION OF SYSTEM SUSPENDED. (a) Except as |
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provided by Subsection (b), the commission may not expand the Texas |
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Integrated Eligibility Redesign System (TIERS) by adding new health |
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and human services benefit program cases until the commission: |
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(1) reviews the state auditor's report on the audit of |
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the system under this subchapter; and |
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(2) complies with any recommendations in the report. |
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(b) The executive commissioner shall suspend all entry of |
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new health and human services benefit program cases or conversion |
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of existing cases into the Texas Integrated Eligibility Redesign |
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System (TIERS) for cases occurring in any county, other than a |
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county using that system to enter cases before September 1, 2007, |
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until the system meets the performance levels demonstrated by the |
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statewide system in January 2004. |
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(c) Counties that before September 1, 2007, used the Texas |
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Integrated Eligibility Redesign System (TIERS) to enter health and |
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human services benefit program cases shall continue to use that |
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system. |
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(d) Cases currently in the Texas Integrated Eligibility |
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Redesign System (TIERS) shall remain in the system. |
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(e) Entry or conversion of health and human services benefit |
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program cases into the Texas Integrated Eligibility Redesign System |
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(TIERS) may be resumed by counties not included under Subsection |
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(c) on acceptance by the presiding officers of the Senate Health and |
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Human Services Committee and the House Human Services Committee of |
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determinations by the state auditor that the system's functionality |
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is at January 2004 performance levels for cases in the system and |
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that there is a reasonable expectation that the Texas Integrated |
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Eligibility Redesign System (TIERS) will be adopted as the final |
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health and human services information system. |
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Sec. 531.460. EXPIRATION. This subchapter expires January |
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1, 2009. |
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SECTION 2. This Act takes effect September 1, 2007. |