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A BILL TO BE ENTITLED
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AN ACT
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relating to an evaluation of the state supported living center |
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system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. EVALUATION OF STATE SUPPORTED LIVING CENTERS. |
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(a) In this section: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Community services provider" means a provider of |
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services under a home and community-based services waiver program |
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and a licensed ICF-MR provider with fewer than 16 beds. |
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(3) "Department" means the Department of Aging and |
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Disability Services. |
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(4) "State supported living center" has the meaning |
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assigned by Section 531.002, Health and Safety Code. |
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(b) The commission and the department shall contract with an |
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independent entity to conduct an evaluation of the state supported |
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living center system. |
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(c) In evaluating a state supported living center, the |
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independent entity shall consider the following factors: |
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(1) the proximity of the state supported living center |
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to other state supported living centers and the geographical |
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distribution of other state supported living centers; |
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(2) the proximity of the state supported living |
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centers to community services providers and the geographical |
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distribution of those providers; |
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(3) the administrative cost of the state supported |
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living center; |
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(4) the availability of other employment |
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opportunities in the area for employees who would be displaced if |
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the state supported living center were consolidated or closed, |
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including additional employment that may be needed by community |
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services providers on consolidation or closure; |
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(5) the condition of existing state supported living |
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center structures and existing community services providers; |
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(6) the marketability of the property where the state |
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supported living center is located, as determined in consultation |
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with persons with business development expertise, and whether the |
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property should be sold or converted to another use if the state |
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supported living center is consolidated or closed; |
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(7) the ease of client transfer capability; |
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(8) the capacity at other state supported living |
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centers to accommodate persons transferred from a facility if it is |
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consolidated or closed; |
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(9) the capacity of local community services providers |
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to accommodate persons served by the state supported living center |
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if it is consolidated or closed; |
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(10) identification of specialty programs and |
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services available at the state supported living center and whether |
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those programs and services are available at other state supported |
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living centers or from local community services providers; |
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(11) the history of incidents of abuse, neglect, or |
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exploitation at the state supported living center; |
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(12) the services and supports that are not available |
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in the community and that resulted in commitment of individuals to |
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the state supported living center during the previous five years; |
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(13) the support needs of residents in the state |
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supported living center and the availability of programs that |
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provide those services in the community; |
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(14) the impact of expanding community programs in the |
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area of the state supported living center, particularly in |
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historically underserved areas of the state; and |
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(15) any other relevant factor as determined by the |
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commission or department. |
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(d) Not later than October 1, 2014, the commission and the |
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department shall submit a report containing the findings of the |
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independent entity under this section to the governor, the |
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lieutenant governor, the speaker of the house of representatives, |
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and the standing committee of each house of the legislature with |
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jurisdiction over state supported living centers. |
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(e) This section expires September 1, 2015. |
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SECTION 2. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2013. |