By: Herrero, et al. (Senate Sponsor - Deuell) H.B. No. 3859
         (In the Senate - Received from the House May 14, 2009;
  May 15, 2009, read first time and referred to Committee on Health
  and Human Services; May 22, 2009, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 9,
  Nays 0; May 22, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3859 By:  Deuell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a staffing analysis of the Texas Integrated Eligibility
  Redesign System (TIERS) and benefits eligibility determination
  processes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter M, Chapter 531, Government Code, as
  added by Chapter 1110 (H.B. 3575), Acts of the 80th Legislature,
  Regular Session, 2007, is amended by adding Section 531.4551 to
  read as follows:
         Sec. 531.4551.  STAFFING ANALYSIS FOR ENHANCED ELIGIBILITY
  SYSTEM. (a) The commission shall conduct a thorough analysis of
  staffing needs, including the need for additional state employees
  and contractor staff, with respect to the enhanced eligibility
  system and the expansion of the use of the Texas Integrated
  Eligibility Redesign System (TIERS). The commission shall identify
  in the analysis:
               (1)  the number of full-time equivalent positions the
  commission needs to implement the system in a manner that, if met,
  will ensure that the system remains fully functional and that no
  lapses in the provision of health and human services program
  benefits will occur under the system; and
               (2)  the number of full-time equivalent positions any
  contractor would need to perform contracted functions to implement
  the system in that manner.
         (b)  In determining the total number of commission and
  contractor full-time equivalent positions needed as required by
  Subsection (a), the commission shall consider the number of
  full-time equivalent positions necessary to comply with:
               (1)  state and federal requirements related to health
  and human services program access, including requirements related
  to timeliness and accuracy of application processing, delivery of
  expedited services and benefits, and seamless transfers of eligible
  children between the Medicaid and child health plan programs; and
               (2)  the commission's performance standards and
  benchmarks for health and human services programs, including
  maximum caseload specifications.
         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 immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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