H.B. No. 802
 
 
 
 
AN ACT
  relating to the creation of the lifespan respite services program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 161, Human Resources Code, is amended by
  adding Subchapter F to read as follows:
  SUBCHAPTER F.  LIFESPAN RESPITE SERVICES PROGRAM
         Sec. 161.151.  DEFINITIONS.  In this subchapter:
               (1)  "Chronic serious health condition" means a health
  condition that:
                     (A)  requires periodic treatment by a health care
  provider, including a nurse as authorized by Chapter 301,
  Occupations Code, or a physician assistant as authorized by Chapter
  204, Occupations Code; and
                     (B)  continues over an extended period, including
  recurring episodes of a single underlying health condition such as
  asthma, diabetes, epilepsy, or multiple sclerosis.
               (2)  "Respite services" means support services,
  including in-home services or adult day-care services, that are
  provided for the purpose of temporarily giving relief to a primary
  caregiver who provides care to an individual with a chronic serious
  health condition or disability.
               (3)  "Respite services coordinator" means a
  community-based organization or local governmental entity with
  which the department enters into a contract to facilitate access to
  respite services under Section 161.154.
         Sec. 161.152.  LIFESPAN RESPITE SERVICES PROGRAM. The
  department shall implement the lifespan respite services program to
  promote the provision of respite services through contracts with
  eligible community-based organizations or local governmental
  entities.
         Sec. 161.153.  ELIGIBILITY.  (a)  A person is eligible to
  participate in the program if the person:
               (1)  is the primary caregiver for a person who:
                     (A)  is related to the caregiver within the second
  degree of consanguinity or affinity;
                     (B)  has a chronic serious health condition or
  disability;
                     (C)  requires assistance with one or more
  activities of daily living; and
                     (D)  is not eligible for or not able to
  participate in any other existing program that provides respite
  services; and
               (2)  meets criteria specified in rules adopted by the
  executive commissioner.
         (b)  The executive commissioner may not specify criteria
  that limit a person's eligibility based on the type of chronic
  serious health condition or disability of the person receiving
  care.
         Sec. 161.154.  RESPITE SERVICES CONTRACTS. (a)  The
  department shall contract with at least three eligible
  community-based organizations or local governmental entities
  selected by the department to:
               (1)  provide respite services; and
               (2)  facilitate access to respite services.
         (b)  The department may award a contract under this section
  only after issuing a request for proposals for the contract.
         (c)  A community-based organization or local governmental
  entity is eligible to contract under this section only if the
  organization or entity has experience in and an existing procedure
  for:
               (1)  coordinating support services for multiple groups
  of persons who need support services, including persons with a
  physical or intellectual disability and elderly persons;
               (2)  connecting caregivers with respite services
  providers;
               (3)  maintaining and providing information regarding
  available respite services; and
               (4)  conducting public awareness activities regarding
  available respite services.
         (d)  The department shall include in each contract with a
  respite services coordinator provisions requiring the coordinator
  to:
               (1)  subject to the availability of money, provide
  vouchers for respite services to caregivers participating in the
  program who are not eligible for respite services provided through
  other programs; and
               (2)  connect caregivers participating in the program
  with available respite services.
         (e)  The department shall provide each community-based
  organization or local governmental entity with which the department
  contracts under this subchapter with:
               (1)  technical assistance; and
               (2)  policy and program development support.
         (f)  The department shall monitor a contractor's performance
  under a contract entered into under this subchapter using clearly
  defined and measurable performance objectives.
         Sec. 161.155.  RESPITE SERVICES COORDINATOR FUNCTIONS. A
  respite services coordinator under contract with the department
  shall:
               (1)  maintain information regarding respite services
  providers;
               (2)  build partnerships with respite services
  providers; and
               (3)  implement public awareness activities regarding
  respite services.
         Sec. 161.156.  RULES. The executive commissioner shall adopt
  rules necessary to implement this subchapter.
         SECTION 2.  Not later than November 1, 2010, the executive
  commissioner of the Health and Human Services Commission, in
  consultation with the Department of Aging and Disability Services,
  shall submit a report to the governor and the Legislative Budget
  Board regarding the lifespan respite services program established
  under Subchapter F, Chapter 161, Human Resources Code, as added by
  this Act.  The report must include an evaluation of the effect of
  the program on:
               (1)  access to respite services by primary caregivers
  of persons with chronic serious health conditions or disabilities;
  and
               (2)  Medicaid expenditures for long-term care services
  provided in institutional care settings.
         SECTION 3.  This Act does not make an appropriation.  A
  provision in this Act that creates a new governmental program,
  creates a new entitlement, or imposes a new duty on a governmental
  entity is not mandatory during a fiscal period for which the
  legislature has not made a specific appropriation to implement the
  provision.
         SECTION 4.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 802 was passed by the House on May 1,
  2009, by the following vote:  Yeas 143, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 802 on May 23, 2009, by the following vote:  Yeas 141, Nays 0, 1
  present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 802 was passed by the Senate, with
  amendments, on May 20, 2009, by the following vote:  Yeas 30, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor