By: Watson  S.B. No. 1766
         (In the Senate - Filed March 11, 2009; March 20, 2009, read
  first time and referred to Committee on Health and Human Services;
  April 24, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 24, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1766 By:  Shapleigh
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to informal caregiver support services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         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
  section:
               (1)  "Area agency on aging" has the meaning assigned by
  Section 161.075.
               (2)  "Local entity" means an area agency on aging or
  other entity that provides services and support for older or
  disabled persons and their caregivers.
         (b)  The department shall coordinate with area agencies on
  aging and, to the extent considered feasible by the department, may
  coordinate with other 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 functional eligibility determination process for
  long-term care benefits for older persons under the Medicaid
  program and, to the extent considered feasible by the department,
  may include a form in systems for 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 shall coordinate with area agencies on
  aging and, to the extent considered feasible by the department, may
  coordinate with other local entities to develop and implement a
  protocol to evaluate the needs of certain informal caregivers. 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 require area agencies on aging and,
  to the extent considered feasible by the department, other local
  entities to use the protocol and assessment tool under Subsection
  (e) and report the data gathered from the assessment tool 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.
         (g-1)  Notwithstanding Subsection (g), the department shall
  submit the initial report required by that subsection not later
  than December 1, 2012.  This subsection expires January 1, 2013.
         (h)  The department shall use the data analyzed under
  Subsection (g) to:
               (1)  evaluate the needs of assessed informal
  caregivers;
               (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.
 
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