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A BILL TO BE ENTITLED
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AN ACT
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relating to the functions of the Department of Assistive and |
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Rehabilitative Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 117.001, Human Resources Code, is |
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amended by amending Subdivision (1) and adding Subdivisions (1-a), |
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(1-b), (4-a), and (4-b) to read as follows: |
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(1) "Caseworker" means a department employee who |
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manages a client's case under a direct services program and |
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provides direct services to the client under the program. |
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(1-a) "Center for independent living" has the meaning |
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assigned by Section 702 of the federal Rehabilitation Act of 1973 |
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(29 U.S.C. Section 796a). |
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(1-b) "Commission" means the Health and Human Services |
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Commission. |
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(4-a) "Direct services" means services provided to a |
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client by a department employee, including counseling, |
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facilitating the purchase of services from a source other than the |
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department, and purchasing equipment and other items and providing |
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other services necessary for the client to successfully complete a |
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department program. |
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(4-b) "Direct services program" means a program |
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operated by the department through which direct services are |
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provided. |
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SECTION 2. Subchapter D, Chapter 117, Human Resources Code, |
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is amended by adding Sections 117.079, 117.080, 117.081, and |
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117.082 to read as follows: |
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Sec. 117.079. INTEGRATION OF INDEPENDENT LIVING SERVICES |
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PROGRAMS. (a) Not later than September 1, 2016, the department |
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shall integrate into a single independent living services program |
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the following programs that the department operates under Title VII |
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of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 796 et |
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seq.): |
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(1) the Independent Living Program for individuals who |
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are blind or have visual impairments; and |
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(2) the Independent Living Services Program for |
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individuals with significant disabilities. |
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(b) The executive commissioner shall adopt any rules |
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necessary to facilitate the integration of the programs identified |
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in Subsection (a), including rules that direct the department, as |
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the single designated state entity responsible for administering |
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the state's independent living services program, to comply with the |
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requirements of 29 U.S.C. Section 796c for the integrated program. |
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(c) This section expires September 1, 2017. |
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Sec. 117.080. PROVISION OF INDEPENDENT LIVING SERVICES. |
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(a) The department shall ensure that all services provided under |
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the independent living services program that the department |
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operates under Title VII of the federal Rehabilitation Act of 1973 |
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(29 U.S.C. Section 796 et seq.) are directly provided by centers for |
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independent living, except as provided by Subsection (b), and are |
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not directly provided by the department. |
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(b) If an area of the state does not have a center for |
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independent living, or no center for independent living in that |
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area is able to provide certain necessary services under the |
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independent living services program, the department shall seek to |
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identify a center for independent living that is willing and able to |
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contract with a nonprofit organization or other person to provide |
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the independent living services in the area under the program. If |
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no center for independent living is willing and able to contract |
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with another organization or other person, the department may |
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directly contract with an organization or other person who is not a |
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center for independent living to provide the independent living |
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services in the area under the program. |
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(c) The department shall evaluate the independent living |
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services provided by a center for independent living and shall |
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provide necessary training or technical assistance to help the |
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center for independent living expand its capacity to provide a full |
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range of independent living services. |
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(d) The department shall monitor the performance of each |
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center for independent living in providing independent living |
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services, including how the center for independent living monitors |
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the performance of the organizations and other persons with whom it |
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contracts to provide independent living services. |
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(e) The executive commissioner shall adopt rules to |
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implement this section that include: |
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(1) an equitable and transparent methodology for |
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allocating funds to centers for independent living under the |
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independent living services program; |
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(2) requirements applicable to the department in |
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contracting with centers for independent living to provide |
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independent living services under the program; |
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(3) requirements applicable to centers for |
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independent living in contracting with organizations and other |
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persons to provide independent living services under the program; |
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(4) requirements applicable to the department in |
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contracting with organizations or other persons who are not centers |
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for independent living to provide independent living services under |
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the program; |
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(5) a process for the department to monitor |
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independent living services contracts; |
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(6) guidelines on the department's role in providing |
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technical assistance and training to centers for independent living |
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as necessary; and |
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(7) expectations for department employees to refer |
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persons who contact the department seeking independent living |
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services to centers for independent living. |
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(f) Notwithstanding the requirements of this section, the |
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department shall ensure that services provided under the |
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independent living services program are provided as required by |
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this section not later than August 31, 2016. This subsection |
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expires September 1, 2017. |
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Sec. 117.081. COMPREHENSIVE REHABILITATION SERVICES |
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PROGRAM. The department shall operate a comprehensive |
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rehabilitation services program to provide comprehensive |
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rehabilitation services to persons with traumatic brain or spinal |
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cord injuries. The executive commissioner shall adopt rules for |
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the program that include: |
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(1) a system of organization for the delivery of the |
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comprehensive rehabilitation services; |
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(2) eligibility requirements for the comprehensive |
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rehabilitation services; |
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(3) the types of services that may be provided to a |
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client under the program; and |
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(4) requirements for client participation in the costs |
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of the comprehensive rehabilitation services. |
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Sec. 117.082. CHILDREN'S AUTISM PROGRAM. The department |
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shall operate a children's autism program to provide services to |
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children with autism spectrum disorders. The executive |
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commissioner shall adopt rules for the program that include: |
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(1) a system of organization for the delivery of the |
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autism services; |
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(2) eligibility requirements for the autism services; |
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(3) the types of services that may be provided to a |
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client under the program; and |
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(4) requirements for participation by the client's |
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family in the costs of the autism services. |
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SECTION 3. Chapter 117, Human Resources Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. ADMINISTRATION OF DIRECT SERVICES PROGRAMS IN |
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GENERAL |
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Sec. 117.091. DIRECT SERVICES PROGRAM CASEWORKER |
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GUIDELINES. (a) The department shall use program data and best |
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practices to establish and maintain guidelines that provide |
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direction for caseworkers' decisions in all of the department's |
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direct services programs. The guidelines: |
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(1) must categorize direct services program cases |
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based on the types of services provided and, for each category, |
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include provisions addressing: |
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(A) the recommended length of time a case in that |
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category should last; and |
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(B) the recommended total expenditures for a case |
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in that category; |
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(2) must include provisions for creating intermediate |
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goals for a client receiving services through a direct services |
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program that will allow: |
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(A) the caseworker to monitor the client's |
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progress; and |
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(B) the caseworker's supervisor to evaluate how |
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the client's case is advancing; |
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(3) must include criteria for caseworkers to use in |
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evaluating progress on the intermediate goals described in |
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Subdivision (2); and |
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(4) may include other provisions designed to assist |
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caseworkers and their supervisors to achieve successful outcomes |
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for clients. |
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(b) A caseworker may exceed the recommended guidelines |
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described in Subsection (a)(1) in a direct services program case |
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but must obtain the approval of the caseworker's supervisor after |
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documenting the need to exceed the guidelines. |
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(c) The guidelines established under this section are not |
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intended to limit the provision of appropriate or necessary |
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services to a client. |
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(d) The department shall provide the guidelines established |
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under this section to caseworkers in a format that allows |
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caseworkers to easily access the information. |
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Sec. 117.092. DIRECT SERVICES PROGRAM CASE REVIEW SYSTEM. |
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(a) The department shall establish and maintain a single, uniform |
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case review system for all direct services programs. |
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(b) The case review system must: |
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(1) include risk assessment tools that account for the |
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different risks involved in each direct services program; |
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(2) require that case reviews: |
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(A) be used to consistently evaluate each direct |
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services program across all regions, with the goal of evaluating at |
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least 10 percent of all cases in each program and region annually; |
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(B) focus on areas of highest risk and prioritize |
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the review of the following cases: |
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(i) except as provided by Subparagraph |
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(ii), cases in which direct services have been provided for more |
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than two years; |
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(ii) cases in the Blind Children's |
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Vocational Discovery and Development Program in which direct |
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services have been provided for more than five years; and |
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(iii) cases that are significantly outside |
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the expenditure guidelines for that type of case; |
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(C) be used to evaluate a caseworker's |
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eligibility determinations and decisions to close a case before a |
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service plan is developed or without the client reaching the |
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client's goal; and |
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(D) focus on the quality of a caseworker's |
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decision-making and compliance with program requirements; and |
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(3) require a caseworker's supervisor to use the |
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reviews of a caseworker's cases in conducting the caseworker's |
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performance evaluation and in providing informal guidance to the |
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caseworker to improve the caseworker's performance. |
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Sec. 117.093. DIRECT SERVICES PROGRAM MONITORING. (a) |
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Department personnel not employed to perform functions directly |
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under a direct services program must be designated to monitor those |
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programs from a statewide perspective. The designated personnel |
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shall collect, monitor, and analyze data relating to direct |
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services programs and report outcomes and trends to program |
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managers and, as necessary, the commissioner or other appropriate |
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executive management. |
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(b) The monitoring function under Subsection (a) must |
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include monitoring of: |
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(1) performance data from all regions and all direct |
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services programs to identify trends; and |
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(2) case review data to ensure compliance with the |
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case review system under Section 117.092. |
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(c) Personnel designated to perform the monitoring function |
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required by this section shall work with direct services program |
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staff to develop objective and detailed outcome measures for the |
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programs. |
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(d) The department may conduct internal peer reviews of the |
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department's field offices at regular intervals to assess the field |
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offices' compliance with federal regulations and department |
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policies and to compare each field office's compliance with the |
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compliance of the other field offices. The department may use |
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personnel designated to perform the monitoring function required by |
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this section to facilitate the internal peer reviews. |
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SECTION 4. Sections 91.022 and 111.071, Human Resources |
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Code, are repealed. |
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SECTION 5. The executive commissioner of the Health and |
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Human Services Commission shall adopt the rules required by Section |
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117.080(e), Human Resources Code, as added by this Act, as soon as |
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practicable after the effective date of this Act. |
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SECTION 6. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 7. This Act takes effect September 1, 2015. |