81R8549 ALB-D
  By: Rose H.B. No. 3367
  relating to informal caregiver support services.
         SECTION 1.  Subchapter D, Chapter 161, Human Resources Code,
  is amended by adding Section 161.076 to read as follows:
         Sec. 161.076.  INFORMAL CAREGIVER SERVICES.  (a) In this
               (1)  "Area agency on aging" has the meaning assigned by
  Section 161.075.
               (2)  "Local entity" means an area agency on aging,
  disability resource center, mental retardation authority, provider
  organization, advocacy group, or other entity that provides support
  or advocacy for elderly or disabled persons and their caregivers,
  including informal caregivers.
         (b)  The department shall coordinate with local entities to
  coordinate public awareness outreach efforts regarding the role of
  informal caregivers in long-term care situations, including
  efforts to raise awareness of support services available in this
  state for informal caregivers.
         (c)  The department shall perform the following duties to
  assist a local entity with outreach efforts under this section:
               (1)  expand an existing department website to provide a
  link through which a local entity may post and access best practices
  information regarding informal caregiver support; and
               (2)  create a document template that a local entity may
  adapt as necessary to reflect resources available to informal
  caregivers in the area supported by the entity.
         (d)  The department shall create or modify a form to be
  included in the eligibility determination process for long-term
  care benefits under the Medicaid program or other long-term care
  support services. The department shall use the form to identify
  informal caregivers for the purpose of enabling the department to
  refer the caregivers to available support services. The form may be
  based on an existing form, may include optional questions for an
  informal caregiver, or may include questions from similar forms
  used in other states.
         (e)  The department, in coordination with local entities,
  shall develop and implement a protocol to evaluate the needs of
  certain informal caregivers who access services through a local
  entity. The protocol must:
               (1)  provide guidance on the type of caregivers who
  should receive an assessment; and
               (2)  include the use of a standardized assessment tool
  that may be based on similar tools used in other states, including
  the Tailored Caregiver Assessment and Referral process.
         (f)  The department shall include a provision in department
  contracts with local entities to require local entities to use the
  protocol and assessment tool under Subsection (e) and incorporate
  software that will permit the data gathered from the assessment
  tool to be reported to the department.
         (g)  The department shall analyze the data reported under
  Subsection (f) and collected from the form under Subsection (d),
  and shall submit a report not later than December 1 of each
  even-numbered year to the governor and the Legislative Budget Board
  that summarizes the data analysis.
         (h)  The department shall use the data analyzed under
  Subsection (g) to:
               (1)  evaluate the needs of assessed informal
               (2)  measure the effectiveness of certain informal
  caregiver support interventions;
               (3)  improve existing programs;
               (4)  develop new services as necessary to sustain
  informal caregivers; and
               (5)  determine the effect of informal caregiving on
  employment and employers.
         SECTION 2.  If before implementing any provision of this Act
  a state agency determines that a waiver or authorization from a
  federal agency is necessary for implementation of that provision,
  the agency affected by the provision shall request the waiver or
  authorization and may delay implementing that provision until the
  waiver or authorization is granted.
         SECTION 3.  This Act takes effect September 1, 2009.