By: Rodriguez S.B. No. 729

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the State Supported Living Center Realignment Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle B, Title 7, Health and Safety Code, is amended by adding Chapter 556 to read as follows:

CHAPTER 556. STATE SUPPORTED LIVING CENTER REALIGNMENT COMMISSION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 556.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Health and Human Services Commission.

(2) "Community services provider" means a provider of services under a home and community-based services waiver program and a licensed ICF-MR provider with fewer than 6 beds.

(3) "Department" means the Department of Aging and Disability Services.

(4) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.

(5) "Realignment commission" means the State Supported Living Center Realignment Commission.

(6) "State supported living center" has the meaning assigned by Section 531.002.

Sec. 556.002. STATE SUPPORTED LIVING CENTER REALIGNMENT COMMISSION. The State Supported Living Center Realignment Commission is established to evaluate and make recommendations regarding the operation and management of state supported living centers. The realignment commission is administratively attached to the commission but is independent of direction by the commission or the executive commissioner. The commission shall provide administrative support and resources to the realignment commission as necessary to enable the realignment commission to perform its duties.

Sec. 556.003. SUNSET PROVISION. The State Supported Living Center Realignment Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the realignment commission is abolished and this chapter expires September 1, 2025.

[Sections 556.004-556.020 reserved for expansion]

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 556.021. APPOINTMENT OF REALIGNMENT COMMISSION MEMBERS. (a) The realignment commission is composed of nine members of the public appointed as follows:

(1) three members of the public appointed by the governor;

(2) three members appointed by the lieutenant governor; and

(3) three members appointed by the governor from a list provided by the speaker of the house of representatives.

(b) To be eligible for appointment to the realignment commission, a person may not:

(1) be an agent, paid consultant, officer, or employee of a state supported living center, state center, local mental retardation authority, licensed provider of ICF-MR services, or other provider of services to individuals with intellectual disabilities;

(2) have a financial interest in a state supported living center, state center, local mental retardation authority, licensed provider of ICF-MR services, or other provider of services to individuals with intellectual disabilities;

(3) be an officer, employee, or paid consultant of a trade association in the field of residential services for individuals with intellectual disabilities; or

(4) be related within the second degree by affinity or consanguinity, as determined under Chapter 573, Government Code, to a person who is an officer, employee, paid consultant, or resident of a state supported living center, state center, local mental retardation authority, licensed provider of ICF-MR services, or other provider of services to individuals with intellectual disabilities.

(c) A person may not serve as a member of the realignment commission or act as the general counsel to the realignment commission if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the authority.

(d) Chapter 551, Government Code, applies to the realignment commission.

(e) A majority of the members of the realignment commission constitute a quorum for the transaction of business.

(f) Appointments to the realignment commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(g) Members serve at the will of the person who appointed the member.

Sec. 556.022. VACANCY. The governor or lieutenant governor shall fill a vacancy on the realignment commission in the same manner as the original appointment.

Sec. 556.023. PRESIDING OFFICER; OTHER OFFICERS; MEETINGS. (a) The members of the realignment commission shall elect a presiding officer and other necessary officers.

(b) The realignment commission may hold meetings in different areas of the state.

[Sections 556.024-556.050 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES OF REALIGNMENT COMMISSION

Sec. 556.051. GENERAL POWERS AND DUTIES OF REALIGNMENT COMMISSION. The realignment commission is responsible for recommending the consolidation or closure of state supported living centers in accordance with criteria and benchmarks as described by this chapter and determined by the realignment commission. The realignment commission is also responsible for overseeing the implementation of the realignment commission's recommendations by the commission and the department as required by this chapter.

Sec. 556.052. ADVISORY COMMITTEE. (a) An advisory committee is created to assist and provide information to the realignment commission.

(b) The advisory committee is composed of the following representatives, appointed by the executive commissioner:

(1) one representative of the commission;

(2) one representative of the department;

(3) one representative of the Department of State Health Services;

(4) two representatives of community services providers;

(5) one representative of local mental retardation authorities;

(6) two representatives of an advocacy group for persons with disabilities; and

(7) one family member of an individual residing in a state supported living center.

(c) The advisory committee shall study and make recommendations to the realignment commission regarding the evaluation and consolidation or closure of state supported living centers.

Sec. 556.053. EVALUATION OF STATE SUPPORTED LIVING CENTERS. (a) Each biennium, the realignment commission shall evaluate the state supported living center system and determine which state supported living centers should be consolidated or closed by the commission and the department.

(b) In evaluating a state supported living center, the realignment commission shall consider the following factors:

(1) the proximity of the state supported living center to other state supported living centers and the geographical distribution of remaining state supported living centers;

(2) the proximity of the state supported living centers to community services providers and the geographical distribution of those providers;

(3) the administrative cost of the state supported living center;

(4) the availability of other employment opportunities in the area for employees displaced by the consolidation or closure, including additional employment that may be needed by community services providers if the state supported living center is consolidated or closed;

(5) the condition of existing state supported living center structures and existing community services providers;

(6) the marketability of the property where the state supported living center is located, as determined in consultation with persons with business development expertise, and whether the property should be sold or converted to another use if the state supported living center is consolidated or closed;

(7) the ease of client transfer capability;

(8) the capacity at remaining state supported living centers to accomodate persons transferred from a facility identified for consolidation or closure;

(9) the capacity of local community services providers to accomodate persons formerly served by the state supported living center;

(10) identification of speciality programs and services available at the state supported living center and whether those programs and services are available at other state supported living centers or from local community services providers;

(11) the history of incidents of abuse, neglect, or exploitation at the state supported living center;

(12) the services and supports that are not available in the community and that resulted in commitment of individuals to the state supported living center during the previous five years;

(13) the support needs of residents in the state supported living center and the availability of programs that provide those services in the community;

(14) the impact of expanding community programs in the area of the state supported living center, particularly in historically underserved areas of the state; and

(15) any other relevant factor as determined by the realignment commission.

(c) The advisory committee to the realignment commission may assist the realignment commission in performing the evaluation required by this section.

(d) The realignment commission may solicit public testimony and input during the evaluation process.

Sec. 556.054. RECOMMENDATION FOR CONSOLIDATION OR CLOSURE; REPORT. (a) Not later than December 1 of each even-numbered year, the realignment commission shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the standing committee of each house of the legislature with jurisdiction over state supported living centers. The report must include a specific recommendation of whether to consolidate or close one or more state supported living centers and, if consolidation or closure is recommended, which state supported living center or centers should be consolidated or closed.

(b) The realignment commission shall include in the report:

(1) the name and location of each state supported living center to be consolidated or closed;

(2) the number of individuals that will require a transfer to another state supported living center or a community services provider as a result of the consolidation or closure;

(3) the number and type of community programs that need to be developed, based on the services and supports the realignment commission determined are not available in the community and that resulted in commitment of individuals to the state supported living center during the previous five years;

(4) the number and type of training competencies needed to assist state supported living center employees in gaining the skills needed to transfer to providing services in the community; and

(5) any other relevant information as determined by the realignment commission.

Sec. 556.055. EFFECT OF RECOMMENDATION. (a) The activities of the realignment commission shall not prevent the Health and Human Services Commission from taking action to close or consolidate one or more state supported living centers at any time.

Sec. 556.056. MORATORIUM ON STATE SUPPORTED LIVING CENTER PLACEMENTS. An individual with an intellectual disability may not be admitted or committed to a state supported living center under Chapter 593 on or after September 1, 2013, if the facility is identified for downsizing, consolidation or closure, or if deficient practices at the facility placed its certification at risk based on immediate jeopardy to residents health and safety as defined by the Centers for Medicare and Medicaid Services (CMS) or non-compliance resulting in risk of termination of certification within 90 days as defined by the Centers for Medicare and Medicaid Services (CMS). The department shall ensure that individuals who would otherwise be committed under that Chapter receive services by ensuring programs are available to provide those services through diversion and other community capacity building activities.

[Sections 556.057-556.100 reserved for expansion]

SECTION 2. (a) Not later than September 1, 2013, the governor and lieutenant governor shall appoint the members of the State Supported Living Center Realignment Commission as provided by Chapter 556, Health and Safety Code, as added by this Act.

(b) Not later than January 1, 2014 the executive commissioner of the Health and Human Services Commission shall appoint the advisory committee as provided by Section 556.052, Health and Safety Code, as added by this Act.

(c) Not later than September 1, 2013, the Department of Aging and Disability Services shall establish and begin implementation of the community-based group homes pilot program under Subchapter D, Chapter 556, Health and Safety Code, as added by this Act.

SECTION 3. 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 4. 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, 2013.