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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the home-delivered meal pilot |
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program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 2, Health and Safety Code, is |
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amended by adding Chapter 65 to read as follows: |
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CHAPTER 65. HOME-DELIVERED MEAL PILOT PROGRAM |
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Sec. 65.0001. DEFINITIONS. In this chapter: |
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(1) "Client" means an individual who is elderly or has |
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a disability and who receives a meal under the program. |
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(2) "Program" means the home-delivered meal pilot |
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program established under this chapter. |
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(3) "Provider" means a meal provider who contracts |
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with the commission to provide and deliver home-delivered meals |
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under the program. |
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Sec. 65.0002. ESTABLISHMENT. (a) The commission shall |
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establish and operate in one or more underserved geographic areas |
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of this state the home-delivered meal pilot program to provide meal |
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deliveries to individuals who are elderly or have a disability. |
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(b) The commission may contract with a meal provider to |
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provide home-delivered meals under the program. |
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Sec. 65.0003. MEAL REQUIREMENTS. (a) A provider may use a |
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hot, frozen, chilled, or shelf-stable meal for the program. |
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(b) The provider shall ensure a meal allows a client to |
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sanitarily and safely handle, store, thaw, and prepare the meal. |
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Sec. 65.0004. PACKAGING REQUIREMENTS. (a) A provider |
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shall use supplies and meal transport carriers that allow hot, |
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frozen, chilled, and shelf-stable meals to be packaged and stored |
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separately. |
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(b) For hot, frozen, chilled, or shelf-stable meals that are |
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easily damaged, a provider must use an enclosed meal transport |
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carrier and trays or other containers necessary to protect the |
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meals from contamination, crushing, or spillage during transport. |
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(c) A provider shall equip a meal transport carrier with |
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insulation or supplemental hot or cold sources as necessary to |
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maintain safe temperatures for meals during transport. |
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(d) A provider shall use meal packaging that: |
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(1) is sealed to prevent moisture loss or spillage; |
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(2) allows the meal to be maintained at a safe |
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temperature during transport; |
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(3) includes compartments for separating food items in |
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the meal to increase visual appeal and minimize spillage; and |
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(4) allows easy access by clients. |
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(e) A provider shall maintain the food temperature of meals |
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prepared and packaged for delivery: |
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(1) below 41 degrees Fahrenheit for cold food items; |
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(2) above 140 degrees Fahrenheit for hot food items; |
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(3) at or below 20 degrees Fahrenheit for frozen food |
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items; and |
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(4) in accordance with packaging guidelines for |
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shelf-stable food items. |
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Sec. 65.0005. DELIVERY REQUIREMENTS. (a) A provider shall |
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prepare and package meals in a manner that allows delivery at a |
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reasonable time during the day. |
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(b) A provider shall provide and deliver meals to each |
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client in accordance with the commission contract. The provider |
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shall, on a form prescribed by the commission, note whether each |
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meal is delivered or undelivered. |
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(c) If a client is not present to accept delivery of a meal, |
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a provider may not leave the meal unless the provider ensures that |
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on the client's acceptance, the meal is within the proper |
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temperature requirements described by Section 65.0004(e). |
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(d) A provider shall comply with commission policy for |
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undelivered meals. For each undelivered meal, the provider must |
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state, on a form prescribed by the commission, the reason the meal |
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was not delivered. |
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(e) If a provider violates this section, the commission may |
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consider the provider in breach of the commission contract. |
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Sec. 65.0006. CASE MANAGER NOTIFICATION. (a) If a client |
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who receives meals from a provider under the program has a case |
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manager, and a reasonable time has passed in which the provider has |
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not had contact with the client or the client's responsible party, |
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the provider shall notify the case manager orally or by e-mail or |
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fax of the provider's concerns regarding the lack of contact. |
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(b) A provider who orally provides the notification |
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required under Subsection (a) shall also provide written notice to |
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the case manager not later than the fifth business day after the |
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date the provider provides the oral notification. |
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Sec. 65.0007. REPORT. The commission shall submit a |
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written report to the legislature on the results of the program not |
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later than December 1, 2020. |
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Sec. 65.0008. EXPIRATION. The program and this chapter |
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expire September 1, 2021. |
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SECTION 2. The Health and Human Services Commission shall |
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establish the home-delivered meal pilot program under Chapter 65, |
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Health and Safety Code, as added by this Act, not later than March |
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1, 2020. |
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SECTION 3. This Act takes effect September 1, 2019. |