HBA-NLM H.B. 1400 76(R)     BILL ANALYSIS


Office of House Bill AnalysisH.B. 1400
By: Gray
Human Services
3/14/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Commission for the Blind (commission) was created in 1931 and
provides services to persons with visual impairments to ensure active and
independent participation in society.  The Vocational Rehabilitation
program, which accounts for 80 percent of the commission's expenditure,
assists clients in seeking and maintaining employment. The Business
Enterprises Program is a federally authorized program to provide management
opportunities in the food services industry for visually impaired clients.
The commission also provides services through the Independent Living
Program, and the Children's Program. 

Counseling and guidance, independent living skills, vocational training,
physical restoration and adaptive technology devices are among the services
provided by the commission through various programs. The commission also
operates the Criss Cole Rehabilitation Center, a 24-hour residential
program that provides a comprehensive array of services and training in
vocational and independent living skills to visually impaired clients. 
 
The commission is subject to the Texas Sunset Act and will be abolished on
September 1, 1999, unless continued in existence by the legislature. 

H.B. 1400 continues the existence of the commission by establishing a new
expiration date of September 1, 2007 and makes statutory modifications
recommended by the Sunset Advisory Commission.  In addition, this bill
increases monitoring and management of service delivery at the counselor
and caseworker level and modifies contract performance measures and
monitoring  to ensure the quality of services for clients. This bill
requires the commission to develop a rate-setting method for purchasing
medical services that is open to  the public, and that ensures the best
value for quality and price.  This bill creates provisions to provide for
the maximization of Medicaid reimbursements.  

H.B. 1400 also requires the commission to include in its contracts with
service providers provisions relating to clearly defined and measurable
program performance standards that directly relate to the service provided,
clearly defined penalties for nonperformance of a contract term, and
clearly specified accounting, reporting, and auditing requirements
applicable to money received under the contract.  This bill also includes
client training and equipment maintenance in contracts for adaptive
technologies. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Commission for the Blind in
SECTION 5 (Sections 91.022, 91.028, and 91.029, Human Resources Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 91.001 and 91.011, Human Resources Code, as
follows: 

Sec.  91.001. SUNSET PROVISION.  Changes the expiration date of this
chapter from September 1, 1999, to September 1, 2007.   

 Sec.  91.011. TEXAS COMMISSION FOR THE BLIND. (a) Updates references to
the Texas Board of Human Services (board) to refer to the Texas Commission
for the Blind (commission) and makes a nonsubstantive change. 

(b) Prohibits a person from being a member of the commission and a
commission employee in a "bona fide executive, administrative, or
professional capacity," as that phrase is used for purposes of establishing
an exemption to the overtime provisions of the federal Fair Labor Standards
Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments,
if the person or the person's spouse is an officer, employee, or paid
consultant, or the person's spouse is a manager of a Texas trade
association in the field of service provision to persons with visual
impairments or in a related field. Redefines "Texas trade association" and
deletes existing definition. 

(c)  Provides that a person is prohibited from being a member of the
commission or acting as the general counsel to the commission, if a person
is required to register as a lobbyist under Chapter 305 (Registration of
Lobbyist), Government Code, because of the person's activities for
compensation on behalf of a profession related to the operation of the
commission. Makes nonsubstantive changes. 

(d)-(h) Redesignated from existing Subsections (c)-(g).

SECTION 2.  Amends Section 91.015(c), Human Resources Code, to update
references to the agency head to refer to the executive director, to the
chairman to refer to the presiding officer, and to the chairman of the
commission to refer to the presiding officer.  Requires the executive
director to notify the presiding officer of the commission of a potential
ground for removal if the executive director has such knowledge. Requires
the presiding officer to notify the governor and the attorney general that
a  potential ground for removal exists. Requires the executive director, if
the potential ground for removal involves the presiding officer, to notify
the next highest ranking officer of the commission, who is then required to
notify the governor and the attorney general that a potential ground for
removal exists. Makes a nonsubstantive change. 

SECTION 3.  Amends Sections 91.016(c) and (d), Human Resources Code, as
follows: 

(c)  Requires the executive director or the executive director's designee,
rather than the commission, to provide members and employees of the
commission the necessary information set forth in this subsection.  Makes a
nonsubstantive change. 

(d)  Requires the commission to develop and implement policies which
clearly separate the policymaking responsibilities of the commission and
the management responsibilities of the executive director and the staff of
the commission.  Deletes language referencing the agency and the governing
body thereof. 

SECTION 4.  Amends Subchapter B, Chapter 91, Human Resources Code, by
amending Sections 91.017 and 91.018 and by adding Section 91.020, as
follows: 

Sec. 91.017. EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT. (a) Provides
that a policy statement must include: 

(1)  personnel policies, including policies relating to recruitment,
evaluation, selection, training, and promotion of personnel, that show the
intent of the commission to avoid the unlawful employment practices
described by Chapter 21 (Employment Discrimination), Labor Code; and  

(2)  an analysis of the extent to which the composition of the commission's
personnel is in accordance with state and federal law and a description of
reasonable methods to achieve compliance with state and federal law. 

Deletes the existing language regarding a plan to assure implementation of
a program of equal employment opportunity.  Makes nonsubstantive changes. 
 
(b) Provides that the policy statement must be updated annually, be
reviewed by the state Commission on Human Rights for compliance with
Subsection (a)(1), and be filed with the governor's office. 

Sec. 91.018. RELATIONS WITH PUBLIC.  (c)  Requires the commission to
maintain a file on each written complaint filed with the commission, except
as required by federal regulations for resolving complaints from people
receiving service from the commission. Provides that the file must include: 

(1)  the name of the person who filed the complaint;

(2)  the date the complaint is received by the commission;

(3)  the subject matter of the complaint;

(4)  the name of each person contacted in relation to the complaint;

(5)  a summary of the results of the review or investigation of the
complaint; and  

(6)  an explanation of the reason the file was closed if the agency closed
the file without taking action other than to investigate the complaint. 

Deletes the requirement for the commission to keep an information file
relating to a licensee or entity regulated by the commission.  Makes
nonsubstantive changes. 

(d)  Requires the commission to provide notification of the status of the
complaint to the person filing the complaint and each person who is a
subject of the complaint, at least quarterly until final disposition of the
complaint.  Deletes existing text relating to a complaint regarding a
licensee or entity regulated by the commission. Makes nonsubstantive
changes. 

(e)  Requires the commission to provide to the person filing the complaint
and to each person who is subject of the complaint a copy of the
commission's policies and procedures relating to complaint investigation
and resolution. 

(g)  Redesignated from existing Subsection (f).

Sec. 91.020.  TRAINING OF COMMISSION MEMBERS.  (a)  Prohibits a person who
is appointed and qualifies for office as a member of the commission from
voting, deliberating, or being counted as a member in attendance at a
meeting of the commission until the person completes a training program
that complies with this section. 

(b)  Specifies that the training program must provide the person with
information regarding the legislation that created the commission, the
programs operated by the commission, the role and functions of the
commission, the rules of the commission with an emphasis on the rules that
relate to disciplinary and investigatory authority, the current budget for
the commission, the results of the most recent formal audit of the
commission, the requirements of: 

_the open meetings law, Chapter 551, Government Code;
_the public information law, Chapter 552, Government Code;
_the administrative procedure law, Chapter 2001, Government Code;
_and other laws relating to public officials, including conflict of
interest laws; and 

any applicable ethics policies adopted by the commission or the Texas
Ethics Commission. 

(c)  Provides that a person appointed to the commission is entitled to
reimbursement, as  provided by the General Appropriations Act,  for the
travel expenses incurred in attending the training program regardless of
whether the attendance at the program occurs before or after the person
qualifies for office. 

SECTION 5.  Amends Subchapter C, Chapter 91, Human Resources Code, by
amending Section 91.028 and by adding Sections 91.022, 91.029, 91.030, and
91.031, as follows: 

Sec. 91.022.  SERVICE DELIVERY.  (a) Requires the commission to establish
and maintain, by rule, guidelines for the delivery of services by the
commission.  Provides that the guidelines must be consistent with state and
federal law and regulations and must include rules relating to the
oversight and monitoring of service delivery, guidance to counselors on
service delivery procedures, case management benchmarks establishing
reasonable time frames for service delivery, and financial planning
information for the commission. 

(b)  Requires the commission to establish written procedures relating to
the evaluation of services delivered by the commission to provide guidance
to counselors and commission employees.  Provides that the procedures must
include methods to evaluate client progress, service delivery
effectiveness, and counselor performance. 

Sec.  91.028.  SERVICES FOR VISUALLY HANDICAPPED CHILDREN. (a) Created from
existing text to authorize the commission to provide services to visually
handicapped children to supplement services provided by other state
agencies if the commission determines that the provision of the services is
appropriate and will assist the children in achieving self-sufficiency. 

(b)  Requires the commission, by rule, to establish the income level for
verification of eligibility of a Medicaid client applying for services
under Subsection (a). 

(c)  Requires the commission to verify the Medicaid eligibility of a client
applying for services under Subsection (a) whose income level is equal to
or less than the income level established by the commission under
Subsection (b). 

(d)  Requires the commission to verify the Medicaid eligibility of a client
who is required by the commission to apply for Medicaid within 90 days of
the date the application for services from the commission is made. 

(e)  Requires an employee of the commission, in verifying Medicaid
eligibility, to examine appropriate state or private Medicaid eligibility
databases and to record on each client's application for services whether
Medicaid eligibility was verified, the source of the verification, and the
date of the verification.  

Sec.  91.029.  RATES FOR MEDICAL SERVICES. (a) Requires the commission to
adopt rules and standards governing the determination of rates, including a
schedule for periodic reevaluation of the rates that the commission will
pay for medical services provided under this chapter. 

(b) Requires the commission to adopt rules to establish a schedule of rates
based on the rules and standards  adopted under Subsection (a).  Requires
the commission, in adopting the rate schedule, to compare the proposed rate
schedule to other cost-based rates for medical services and to document the
reason that any rate exceeds those rates for the same services, including
Medicaid and Medicare rates.  

Sec. 91.030.  CONTRACTS FOR SERVICE.    Requires the commission to include
in its contracts with service providers provisions relating to clearly
defined and measurable program performance standards that directly relate
to the service provided, clearly defined penalties for nonperformance of a
contract term, and clearly specified accounting, reporting, and auditing
requirements applicable to money received under the contract.  Requires the
commission to monitor a service provider's performance under a contract for
service. Requires the commission, in monitoring performance, to use a
risk-assessment methodology  to institute statewide monitoring of contract
compliance of service providers, and to evaluate service providers based on
clearly defined and measurable program performance objectives. 

Sec.  91.031.  CONTRACTS FOR ADAPTIVE TECHNOLOGY.  Requires the commission
to include in a contract with a supplier of adaptive technology equipment
provisions that require the supplier to provide training for clients
receiving the equipment and to maintain the equipment. 

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.