BILL ANALYSIS

 

 

 

C.S.H.B. 3462

By: Noble

Human Services

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Following the Sunset Advisory Commission's review of the Health and Human Services Commission (HHSC), the 84th Texas Legislature enacted legislation implementing the sunset commission's recommendation to consolidate the various ombudsman offices administered by HHSC. While the offices were consolidated, the various statutes that governed these offices remained unconsolidated. This has resulted in conflicting statutory authority and procedures for the ombudsman programs administered by HHSC and has led to confusion among clients needing the assistance of an ombudsman, as well as among ombudsman staff and HHSC program staff. C.S.H.B. 3462 seeks to consolidate the statutes governing the five ombudsman offices into one centralized location and standardize provisions to ensure certainty around basic ombudsman standards that deal with independence, neutrality, confidentiality, and review processes.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

        

C.S.H.B. 3462 amends the Government Code to update and consolidate the statutes governing the ombudsman offices and programs administered by the Health and Human Services Commission (HHSC) to reflect the consolidation of the ombudsman offices across the health and human services system that occurred following the passage of S.B. 200, 84th Texas Legislature, Regular Session, 2015, and to reflect the abolishment of the ombudsman for the Department of Family and Protective Services (DFPS). Accordingly, the bill codifies in law the requirement for the executive commissioner of HHSC to establish the following ombudsman programs:

·         the health and human services office of the ombudsman;

·         the ombudsman for children and youth in foster care;

·         the ombudsman for managed care assistance;

·         the ombudsman for behavioral health access to care; and

·         the ombudsman for individuals with an intellectual or developmental disability. 

The bill clarifies that it is the executive commissioner who appoints an ombudsman for each of the ombudsman programs and that appointed ombudsmen serve at the will of the executive commissioner.

 

C.S.H.B. 3462 aligns and standardizes the powers and duties of an ombudsman to reflect the aforementioned consolidation and specifies that, in addition to providing necessary assistance to child and youth in DFPS conservatorship in making complaints and reporting allegations of abuse or neglect, an ombudsman is required to provide any necessary assistance to:

·         children and youth in DFPS conservatorship in reporting allegations of exploitation under Human Resources Code provisions governing investigations and protective services for elderly persons and persons with disabilities; and

·         any other person in making complaints against a program within the health and human services system or reporting allegations of abuse, neglect, or exploitation under those Human Resources Code provisions.

The bill requires DFPS and HHSC to provide written notice to an ombudsman on whether DFPS or HHSC adopted or rejected the ombudsman's recommended corrective action resulting from the ombudsman's determination that there was wrongdoing or negligence by DFPS or HHSC or an agent of DFPS or HHSC. If DFPS or HHSC rejects a recommended corrective action, DFPS or HHSC must include in the notice the reason for the rejection.

 

C.S.H.B. 3462 retains the existing annual ombudsman reporting requirement applicable to only certain of the ombudsmen, but also requires that each ombudsman prepare an annual report. The bill includes among the required contents of these reports a description of any systemic issues identified by the ombudsman in the investigation of individual complaints and any recommendations related to addressing those issues.

 

C.S.H.B. 3462 removes the authorization for HHSC to carry out its duty to provide support and information services to a person enrolled in or applying for Medicaid coverage who experiences barriers to receiving health care services by contracting with nonprofit organizations that are not involved in providing health care, health insurance, or health benefits. The bill removes the requirement for the ombudsman program for Medicaid managed care assistance to collect and maintain statistical information on a regional basis regarding calls received by the assistance lines and publish quarterly reports that list the number of calls received by region, identify trends in delivery and access problems, identify recurring barriers in the Medicaid system, and indicate other problems identified with Medicaid managed care.

 

C.S.H.B. 3462 provides for the delayed implementation of any provision for which an applicable state agency determines a federal waiver or authorization is necessary for implementation until the waiver or authorization is requested and granted.

 

C.S.H.B. 3462 amends the Health and Safety Code to make a conforming change.

 

C.S.H.B. 3462 repeals Section 531.9941, Government Code.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.

 

COMPARISON OF INTRODUCED AND SUBSTITUTE

 

C.S.H.B. 3462 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.