HBA-JRA H.B. 1503 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1503 By: Gray Public Health 7/15/1999 Enrolled BACKGROUND AND PURPOSE The Interagency Council on Early Childhood Intervention (ECI) was established in 1981 by the 67th Texas Legislature to plan and implement early childhood intervention services for children who have, or are at risk of having, a developmental delay. ECI is responsible for the administration, supervision, and monitoring of a statewide comprehensive system to ensure that all children in this state who are under three years of age and have developmental needs, receive services. To carry out this program, ECI had a budget of $63 million and 66 employees for Fiscal Year 1997. ECI is subject to the Texas Sunset Act and will be abolished on September 1, 1999, unless continued by the legislature. H.B. 1503 provides for review of ECI under the Sunset Act and makes statutory modifications recommended by the Sunset Advisory Commission. Specifically, this bill requires that ECI select providers and renew their contracts on a best value basis, that ECI's purchases of services promote competition when possible, that ECI administratively integrate business functions with the Texas Rehabilitation Commission, that ECI and the Health and Human Services Commission (HHSC) review the ECI funding system to maximize funding, and that ECI and HHSC review ECI's service delivery system to improve the ability of local service providers to achieve ECI objectives. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 73.002(e) and (i), Human Resources Code, as follows: (e) Requires the governor to designate, rather than the members of the board of Interagency Council on Early Childhood Intervention (board) to elect, one member of the board as the presiding officer of the board to serve in that capacity at the will of the governor. Requires the members of the board to elect one member to serve as assistant presiding officer for a two-year term. (i) Requires the board to develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the Interagency Council on Early Childhood Intervention (council). Makes a change conforming to SECTION 4. SECTION 2. Amends Section 73.0021(b), Human Resources Code, to make a change conforming to SECTION 4. SECTION 3. Amends Section 73.0022(a), Human Resources Code, to include violation of a prohibition established by Section 73.0024, Human Resources Code, among the actions considered grounds for removal from the board. SECTION 4. Amends Chapter 73, Human Resources Code, by adding Sections 73.0023, 73.0024, and 73.0025, as follows: Sec. 73.0023. BOARD MEMBER TRAINING. (a) Prohibits a person appointed to and qualified for office as a member of the board from voting, deliberating, or being counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section. (b) Specifies the information with which the training program must provide a person. (c) Entitles a person appointed to the board to reimbursement for travel expenses incurred in attending the training program regardless of whether the person attended the program before or after qualifying for office. Sec. 73.0024. RESTRICTIONS ON BOARD MEMBERS AND EMPLOYEES. (a) Defines "Texas trade association" in this section. (b) Prohibits a person from being a member of the board or a council employee employed in a "bona fide executive, administrative, or professional capacity" 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 of a Texas trade association in the field of early childhood intervention. (c) Prohibits a person from being a member of the board or acting as the general counsel to the board or the council if the person is required to register as a lobbyist because of the person's activities for compensation on behalf of a profession relation to the operation of the council. Sec. 73.0025. COMPLAINT PROCESS. (a) Requires the board to develop a method for responding to complaints regarding services provided by the council. (b) Requires the council to maintain a file on each written complaint filed with the council. Specifies the contents of the files. (c) Requires the council to provide a copy of the its policies and procedures relating to complaint investigation and resolution to the person filing the complaint and to each person who is a subject of the complaint. (d) Requires the council to notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation at least quarterly until the complaint is resolved unless the notice would jeopardize an undercover investigation. SECTION 5. Amends Section 73.0051, Human Resources Code, by amending Subsections (d), (f), and (i) and adding Subsection (k), as follows: (d) Requires the council to periodically monitor program activities and fiscal performance of the entities funded under this chapter to assess the performance of the entities in identifying children under three years of age with developmental delay in populations at risk of developmental delay, as well as compliance with federal and state requirements, and to issue reports regarding program monitoring. Redesignates existing Subdivision (2) to Subdivision (3). (f) Requires the council, jointly with the Department of Protective and Regulatory Services, to develop and implement policies applicable to providers of services authorized under this chapter in situations involving service recipients who are vulnerable to abuse or neglect. (i) Requires the council, after establishing an initial and ongoing treatment plan for a child, to ensure that the child's parents continue to be included in all decisions relating to the services provided to the child and that the child's parents receive written notification of the progress towards meeting the child's treatment plan, including details to assist parents in meeting the child's treatment goals. (k) Requires the council to use the automated systems of the Texas Rehabilitation Commission (commission) to plan, manage, and maintain records of client services, if costeffective. Authorizes the council to use the commission's information systems to carry out other appropriate council administrative functions, if cost-effective. SECTION 6. Amends Section 73.0052, Human Resources Code, by amending Subsection (a) and adding Subsection (h), as follows: (a) Makes conforming changes. (h) Requires the board to develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the council. SECTION 7. Amends Section 73.008, Human Resources Code, to require the council to develop and implement a statewide strategy for improving the early identification of children under three years of age with developmental delay in populations at risk of developmental delay, through measures such as targeting at-risk populations and appropriate geographical regions, for monitoring the performance of providers of services authorized under this chapter in identifying those children, and for coordination of programs with other agencies serving children with developmental delay, including the coordination of policy issues that affect children three years of age and older with developmental delay. Provides that the strategy must include plans to provide active leadership in addressing issues affecting the effectiveness of services for children with developmental delay, including issues such as the provision of respite care. Makes conforming changes. SECTION 8. Amends Chapter 73, Human Resources Code, by adding Section 73.011, as follows: Sec. 73.011. PROVIDER SELECTION. (a) Requires the council to select providers of services authorized under this chapter on a best value basis in a manner that maximizes funding and promotes competition when possible. (b) Requires the council to determine the best value when the council considers initial award and renewal of a contract to a provider. (c) Requires the council to consider a provider's past performance, quality and cost of services, ability to maximize funding, ability to comply with state and federal program requirements, availability to deliver required services, and any other relevant factors, when determining best value to the council. SECTION 9. Amends Section 73.022(a), Human Resources Code, to require the council to seek funding in a manner that maximizes the total amount of money available from federal, private, and local sources for programs funded under this chapter and to apply for, receive, administer, and spend federal and state funds for Subchapter III, rather than Subchapter VIII, Individuals with Disabilities Education Act (20 U.S.C. Section 1431, rather than Section 1471, et seq.), and its subsequent amendments, dealing with infants and toddlers from birth to age three with developmental delay and their families. Redesignates existing Subdivision (3) to Subdivision (4). SECTION 10. Amends Section 73.023, Human Resources Code, to provide that the council is abolished on September 1, 2011, rather than 1999, unless continued in existence by the Texas Sunset Act. SECTION 11. (a) Requires the council to review its delivery system of services for children with developmental delay and make recommendations for improving service delivery, including provisions designed to improve the ability of local service providers to achieve council objectives, improved identification of children under three years of age with developmental delay in populations at risk of developmental delay, and increased access to respite care. (b) Requires the council to submit to the governor and the legislature a report on the review and recommendations required by this section by December 1, 2000. SECTION 12. (a) Requires the Health and Human Services Commission and the council to review the council's system to fund programs under Chapter 73 (Interagency Council on Early Childhood), Human Resources Code, and make recommendations for maximizing money available for the programs. (b) Requires the Health and Human Services Commission and the council to submit to the governor and the legislature a report on the review and recommendations required by this section by December 1, 2000. SECTION 13. Requires the council to determine the cost-effectiveness of the council's use of the Texas Rehabilitation Commission's systems under Section 73.0051(k) (Powers and Duties of Council), Human Resources Code, as added by this Act, develop a plan and implementation schedule relating to the use of the appropriate system or systems, and submit a report relating to the determination of cost-effectiveness and any plan or implementation schedule developed to the Health and Human Services Commission, the legislature, and any legislative oversight committee with jurisdiction over the council by March 1, 2000. SECTION 14. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 15. Emergency clause.