84R1895 JSC-D

By: Schwertner S.B. No. 277

A BILL TO BE ENTITLED

AN ACT

relating to the abolition of certain health-related task forces, work groups, advisory councils, and advisory committees.

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

SECTION 1. (a) The Information and Referral System Task Force is abolished.

(b) Section 531.0314, Government Code, is repealed.

SECTION 2. (a) The Volunteer Advocate Program Advisory Committee is abolished.

(b) Sections 531.057(b) and (c), Government Code, are amended to read as follows:

(b) The executive commissioner shall [coordinate with the advisory committee established under Section 531.0571 to] develop a volunteer advocate program for the elderly receiving services from or under the direction of the commission or a health and human services agency.

(c) In developing the program, the executive commissioner [and the advisory committee] shall adhere to the following principles:

(1) the intent of the program is to evaluate, through operation of pilot projects, whether providing the services of a trained volunteer advocate selected by an elderly individual or the individual's designated caregiver is effective in achieving the following goals:

(A) extend the time the elderly individual can remain in an appropriate home setting;

(B) maximize the efficiency of services delivered to the elderly individual by focusing on services needed to sustain family caregiving;

(C) protect the elderly individual by providing a knowledgeable third party to review the quality of care and services delivered to the individual and the care options available to the individual and the individual's family; and

(D) facilitate communication between the elderly individual or the individual's designated caregiver and providers of health care and other services;

(2) a volunteer advocate curriculum must be established that incorporates best practices as determined and recognized by a professional organization recognized in the elder health care field;

(3) the use of pro bono assistance from qualified professionals must be maximized in developing the volunteer advocate curriculum and designing the program;

(4) trainers must be certified on the ability to deliver training;

(5) training shall be offered through multiple community-based organizations; and

(6) participation in the program is voluntary and must be initiated by the elderly individual or the individual's designated caregiver.

(c) Section 531.0571, Government Code, is repealed.

SECTION 3. (a) The Medicaid and Public Assistance Fraud Oversight Task Force is abolished.

(b) Section 22.028(c), Human Resources Code, is amended to read as follows:

(c) No later than the first day of each month, the department shall send the comptroller a report listing the accounts on which enforcement actions or other steps were taken by the department in response to the records received from the EBT operator under this section, and the action taken by the department. The comptroller shall promptly review the report and, as appropriate, may solicit the advice of the office of the inspector general [Medicaid and Public Assistance Fraud Oversight Task Force] regarding the results of the department's enforcement actions.

(c) Section 531.107, Government Code, is repealed.

SECTION 4. (a) The Office of Early Childhood Coordination Advisory Committee is abolished.

(b) Section 531.281, Government Code, is amended to read as follows:

Sec. 531.281. DEFINITION [DEFINITIONS]. In this chapter, "office" [:

[(1) "Office"] means the Office of Early Childhood Coordination.

[(2) "Advisory committee" means the Office of Early Childhood Coordination Advisory Committee.]

(c) Section 531.286, Government Code, is repealed.

SECTION 5. (a) The Work Group on Uncompensated Hospital Care is abolished.

(b) Section 531.551(a), Government Code, is amended to read as follows:

(a) The executive commissioner shall adopt rules providing for:

(1) a standard definition of "uncompensated hospital care";

(2) a methodology to be used by hospitals in this state to compute the cost of that care [that incorporates the standard set of adjustments described by Section 531.552(g)(4)]; and

(3) procedures to be used by those hospitals to report the cost of that care to the commission and to analyze that cost.

(c) Section 531.552, Government Code, is repealed.

SECTION 6. (a) The Sickle Cell Advisory Committee is abolished.

(b) Section 33.052, Health and Safety Code, is amended to read as follows:

Sec. 33.052. DUTIES OF DEPARTMENT. The department shall[:

[(1)] identify efforts related to the expansion and coordination of education, treatment, and continuity of care programs for individuals with sickle cell trait and sickle cell disease[;

[(2) assist the advisory committee created under Section 33.053; and

[(3) provide the advisory committee created under Section 33.053 with staff support necessary for the advisory committee to fulfill its duties].

(c) Section 33.053, Health and Safety Code, is repealed.

SECTION 7. (a) The Arthritis Advisory Committee is abolished.

(b) Section 97.007, Health and Safety Code, is repealed.

SECTION 8. (a) The Youth Camp Training Advisory Committee is abolished.

(b) Section 141.0095(d), Health and Safety Code, is amended to read as follows:

(d) In accordance with this section [and the criteria and guidelines developed by the training advisory committee established under Section 141.0096], the executive commissioner of the Health and Human Services Commission by rule shall establish criteria and guidelines for training and examination programs on sexual abuse and child molestation. The department may approve training and examination programs offered by trainers under contract with youth camps or by online training organizations or may approve programs offered in another format authorized by the department.

(c) Section 141.0096, Health and Safety Code, is repealed.

SECTION 9. (a) The Home and Community Support Services Advisory Council is abolished.

(b) Section 142.009(l), Health and Safety Code, is amended to read as follows:

(l) The department and other state agencies that are under the Health and Human Services Commission and that contract with home and community support services agencies to deliver services for which a license is required under this chapter shall execute a memorandum of understanding that establishes procedures to eliminate or reduce duplication of standards or conflicts between standards and of functions in license, certification, or compliance surveys and complaint investigations. [The Health and Human Services Commission shall review the recommendation of the council relating to the memorandum of understanding before considering approval.] The memorandum of understanding must be approved by the Health and Human Services Commission [commission].

(c) Sections 142.001(10) and 142.015, Health and Safety Code, are repealed.

SECTION 10. (a) The Be a Blood Donor Advisory Committee is abolished.

(b) Section 162.017, Health and Safety Code, is repealed.

SECTION 11. (a) The Advisory Committee on Assisted Living Facilities is abolished.

(b) Section 247.006, Health and Safety Code, is repealed.

SECTION 12. (a) The Texas Food, Drug, and Cosmetic Act Advisory Committee is abolished.

(b) Section 431.275, Health and Safety Code, is repealed.

SECTION 13. (a) The Advisory Committee on Inpatient Mental Health Services is abolished.

(b) Section 571.027, Health and Safety Code, is repealed.

SECTION 14. (a) The Texas Medical Child Abuse Resources and Education System Advisory Committee is abolished.

(b) Section 1001.155, Health and Safety Code, as added by Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular Session, 2009, is reenacted and amended to read as follows:

Sec. 1001.155. REQUIRED REPORT. Not later than December 1 of each even-numbered year, the department [, with the assistance of the advisory committee established under this subchapter,] shall submit a report to the governor and the legislature regarding the grant activities of the program and grant recipients, including the results and outcomes of grants provided under this subchapter.

(c) Section 1001.153, Health and Safety Code, as added by Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular Session, 2009, is repealed.

SECTION 15. (a) The Advisory Committee for Services to Aged and Disabled Persons is abolished.

(b) Section 22.010, Human Resources Code, is repealed.

SECTION 16. (a) The Interagency Inspection Task Force is abolished.

(b) Section 42.0442(c), Human Resources Code, is amended to read as follows:

(c) [The interagency task force shall establish an inspection checklist based on the inspection protocol developed under Subsection (b).] Each state agency that inspects a facility listed in Subsection (a) shall use an [the] inspection checklist established by the department in performing an inspection. A state agency shall make a copy of the completed inspection checklist available to the facility at the facility's request to assist the facility in maintaining records.

(c) Section 42.0442(b), Human Resources Code, is repealed.

SECTION 17. If an entity that is abolished by this Act has property, records, or other assets, the Health and Human Services Commission shall take custody of the entity's property, records, or other assets.

SECTION 18. This Act takes effect September 1, 2015.