Amend CSSB 2407 (Senate committee printing) as follows:                      
	Strike Section 9 (page 5, lines 2-36) and replace with the 
following new sections and renumber sections according:
	SECTION ____.  Subtitle I, Title 4, Government Code, is 
amended by adding Chapter 536 to read as follows:

CHAPTER 536.  STRATEGIC PLAN REGARDING LONG-TERM SERVICES AND 
SUPPORTS FOR INDIVIDUALS WITH DISABILITIES
	Sec. 536.001.  PURPOSE; INTENT.  (a)  The purpose of this 
chapter is to develop a comprehensive plan to reform and rebalance 
Texas' system of long-term services and supports for individuals 
with disabilities, including individuals who are eligible for 
ICF-MR services.
	(b)  It is the intent of the legislature that the system 
analysis and planning effort prescribed by this chapter encompass 
services for individuals with disabilities across different 
programs and settings.
	(c)  It is the intent of the legislature that the reformed 
system:    
		(1)  be based on principles of self-determination;                     
		(2)  include person-centered planning and maximize 
opportunities for consumer direction for all eligible individuals;
		(3)  provide and expand timely access to services and 
supports in the individual's setting of choice, whether in the 
community or in an institution;
		(4)  base service provision on functional need;                        
		(5)  simplify and streamline community-based services 
to ensure that, to the extent possible, all individuals have access 
to the same array of services regardless of an individual's 
disability;
		(6)  improve the quality of services delivered across 
programs and settings, with particular attention given to services 
delivered to individuals in state schools and state centers;
		(7)  strengthen oversight of community-based services; 
and           
		(8)  increase the cost-effectiveness and 
sustainability of long-term care services and supports.
	Sec. 536.002.  PRINCIPLES OF SELF-DETERMINATION.  For 
purposes of this chapter, "self-determination" includes the 
following principles:
		(1)  freedom, the opportunity to choose where and with 
whom one lives and how one organizes all important aspects of one's 
life with freely chosen assistance as needed;
		(2)  authority, the ability to control some targeted 
amount of public dollars;
		(3)  support, the ability to organize support in ways 
that are unique to the individual;
		(4)  responsibility, the obligation to use public 
dollars wisely and to contribute to one's community; and
		(5)  confirmation, the recognition that individuals 
with disabilities must be a major part of the redesign of the human 
services system of long-term care.
	Sec. 536.003.  CREATION OF STRATEGIC PLAN.  The commission 
shall create a strategic plan for reform of the services and 
supports available for individuals with disabilities, including 
individuals eligible for ICF-MR services.  The commission shall 
develop the plan with the input of the strategic plan advisory 
committee using a clearly defined process that allows ongoing and 
meaningful statewide public involvement.
	Sec. 536.004.  STRATEGIC PLAN ADVISORY COMMITTEE. (a) The 
strategic plan advisory committee is established to provide 
information and assist the commission in the creation of the 
strategic plan under this chapter.
	(b)  The advisory committee is composed of the following 
members, appointed by the executive commissioner:
		(1)  one representative of each of the following:                      
			(A)  the commission;                                                  
			(B)  the Department of Aging and Disability 
Services;               
			(C)  the Department of State Health Services; and                     
			(D)  local mental retardation authorities;                            
		(2)  one representative who is a direct care employee 
of a state school;
		(3)  two representatives of community service 
providers;             
		(4)  two representatives of an advocacy group for 
persons with disabilities; and
		(5)  two representatives who are family members of 
individuals residing in a state school.
	(c)  The advisory committee shall study and make 
recommendations to the commission regarding any issues the 
commission considers relevant in relation to:
		(1)  the proximity of state schools to other state 
schools and the geographical distribution of state schools;
		(2)  the proximity of state schools to community 
services providers and the geographical distribution of those 
providers;
		(3)  the administrative costs of each state school;                    
		(4)  the availability of other employment 
opportunities in the area of each state school for employees 
displaced by potential consolidation, including additional 
employees that may be needed by community services providers if a 
state school is consolidated;
		(5)  the condition of existing state school structures 
and existing community services providers;
		(6)  the ease of client transfer capability;                           
		(7)  the capacity of state schools to accommodate 
individuals transferred from a facility that may be identified for 
consolidation;
		(8)  the capacity of local community services providers 
to accommodate individuals served by each state school;
		(9)  identification of specialty programs and services 
available at each state school and whether those programs and 
services are available at other state schools or from local 
community services providers;
		(10)  the history of incidents of abuse, neglect, or 
exploitation in each state school and in community-based services;
		(11)  the economic impact of expanding community 
programs in the area of each state school, particularly in 
historically underserved areas of the state;
		(12)  the economic impact of potential consolidation of 
each state school; and
		(13)  any other relevant information as determined by 
the advisory committee.
	(d)  The advisory committee may solicit public testimony and 
input while performing the advisory committee's duties under this 
chapter.
	Sec. 536.005.  CONTENTS OF STRATEGIC PLAN.  The strategic 
plan required by this chapter must:
		(1)  assess the need for services and supports based on 
current interest lists, national trends, best practices, consumer 
satisfaction surveys, and any other relevant data;
		(2)  prescribe methods to expand timely access to 
community-based services by:
			(A)  eliminating wait times for services of 
greater than two years; 
			(B)  developing community-based provider 
capacity;                  
			(C)  improving and expanding positive behavioral 
supports in the community for adults and children; and
			(D)  applying "Money Follows the Person" methods 
of financing for individuals residing in state schools, state 
centers, or public or private ICF-MRs;
		(3)  analyze current utilization management methods 
for community-based services and determine necessary modifications 
to ensure more timely access to services;
		(4)  examine local access issues for community-based 
services and identify appropriate solutions;
		(5)  examine the current functional eligibility 
criteria, functional assessment tools, and service planning 
reimbursement methodology for the home and community-based 
services waiver system and determine appropriate methods to modify 
those protocols so individuals can access needed services, 
regardless of the program in which the individual is enrolled;
		(6)  prescribe methods to redesign the home and 
community-based services waiver system across all programs by:
			(A)  simplifying and streamlining the 
administrative, policy, and regulatory processes to the extent 
possible;
			(B)  ensuring that person-centered plans and 
philosophy match utilization review and utilization management 
methods and philosophy;
			(C)  permitting, to the extent allowed by federal 
law, flexibility in the development of an individualized service 
plan based on the needs of the individual rather than the 
individual's disability label or diagnosis;
			(D)  ensuring that an individualized service plan 
can be modified when the individual's support needs change; and
			(E)  implementing other strategies to streamline 
services for individuals with a disability who are eligible for 
waiver services;
		(7)  prescribe methods to improve services delivered to 
individuals in state schools and state centers;
		(8)  prescribe methods to reduce reliance on 
institutional placements of individuals;
		(9)  prescribe methods to improve the quality of 
services provided to individuals by:
			(A)  examining current methods and processes 
related to the quality of services and identifying which methods or 
processes:
				(i)  need further enhancements;                                      
				(ii)  need to be developed; or                                       
				(iii)  are effective and should be 
considered for implementation across all services;
			(B)  increasing oversight and accountability in 
community-based settings;
			(C)  developing an appropriate population of 
qualified direct services workers in the community who are 
appropriately compensated; and
			(D)  identifying quality measures, including 
timeliness of service delivery, number of individuals served, and 
types of services being received, and providing a process by which 
this information is reported to the legislature on an annual basis; 
and
		(10)  identify barriers to system reform and make 
recommendations to eliminate or address barriers to system reform, 
including any necessary statutory amendment.
 
    SECTION __.  Not later than December 1, 2010, the Health and 
Human Services Commission shall submit the strategic plan required 
by Chapter 536, Government Code, as added by this Act, to the 
Governor, presiding officers of each chamber, and the members of 
the Senate Committee on Health and Human Services and the House 
Human Services Committee. The Commission must also post the 
strategic plan on the Commission's website.