HBA-DMD C.S.H.B. 718 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 718
By: Maxey
Human Services
4/9/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Human Services (DHS) contracts with an
outside company to assist prospective recipients applying for federal
benefits under the Supplemental Security Income (SSI) and Social Security
Disability Insurance (SSDI) programs.  Those programs provide funds for
medical treatment, medication, and rehabilitative services such as job
training, education, and job readiness programs and support services.
C.S.H.B. 718 amends state law to require the Texas Department of Protective
and Regulatory Services, Texas Department of Mental Health and Mental
Retardation, Texas Juvenile Probation Commission, and Texas Council on
Offenders With Mental Impairments to assist eligible Texans applying for
health care and other services that are provided by Social Security
programs by participating in the DHS contract which assists applicants for
SSDI and SSI payments, or by contracting separately for such assistance. 

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 Subchapter B, Chapter 264, Family Code, by adding
Section 264.113, as follows: 
 
Sec. 264.113. ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME. (a) Requires
the Department of Protective and Regulatory Services (DPRS) to assist a
child who receives foster care to apply for and establish eligibility under
the supplemental security income (SSI) program, provided that the child
meets certain criteria. 

(b) Sets requirements for DPRS, if required to provide assistance to a
child under Subsection (a). 

(c) Requires DPRS to develop and implement a tracking system to monitor
applications submitted by children with assistance under this section for
benefits under the SSI program. Provides that the system must record
information on the number of applications submitted, whether those
applications were approved or denied, and if denied, the reasons for
denial. 

(d) Specifies the duties DPRS is authorized to undertake.

(e) Requires DPRS, if DPRS contracts for assistance under this section, to
authorize the contractor to collect a fee in an amount specified in the
contract from a child who receives benefits as a result of assistance
provided by the contractor. Authorizes the fee to be collected only if the
child, the child's parent, or another person standing in parental relation,
as appropriate, was informed of the fee and consented to its collection
before receiving assistance. 

SECTION 2.  Amends Subchapter A, Chapter 533, Health and Safety Code, by
adding Section 533.018, as follows: 
 
Sec. 533.018. FEDERAL BENEFIT PROGRAMS. (a) Requires the Texas Department
of Mental Health and Mental Retardation (department), at the request of the
appropriate patients or clients, or persons legally authorized to act on
their behalf, to assist those patients or clients receiving services from a
community center or department facility in applying for and establishing
eligibility for federal benefits under the SSI program, or the social
security disability insurance program (SSDI) (42 U.S.C. Section 401 et
seq.), as amended. Requires the department to provide assistance throughout
the eligibility determination process, including the determination of
appeals.  

(b) Requires the department, when identifying appropriate patients or
clients for assistance under this section, to target areas of this state
with low levels of applications for benefits under those programs and low
levels of approval of the submitted applications. 

(c) Requires the department to develop and implement a tracking system to
monitor applications submitted by department patients and clients with
assistance for benefits under the SSI and SSDI programs. Provides that the
system must record information on the number of applications submitted,
whether those applications were approved or denied, and, if denied, the
reasons for denial.  

(d) Specifies the duties the department is authorized to undertake.

(e) Authorizes the department, if the department contracts for assistance,
to authorize the contractor to collect a fee in an amount specified in the
contract from a patient or client who receives benefits as a result of
assistance provided by the contractor. Authorizes the fee to be collected
only if the patient or client or a person legally authorized to act on
behalf of the patient or client was informed of the fee and consented to
its collection before receiving assistance.  

SECTION 3.  Amends Chapter 614, Health and Safety Code, by adding Section
614.019, as follows: 

Sec. 614.019. FEDERAL BENEFIT PROGRAMS. (a) Requires the Texas Council on
Offenders with Mental Impairments (council), in coordination with the Texas
Department of Criminal Justice (TDCJ), at the request of the offenders, to
assist incarcerated offenders in applying for and establishing eligibility
for federal benefits under the SSI or SSDI programs, provided that the
offenders are identified as likely to be eligible for those benefits when
released. Requires the council and TDCJ to provide assistance throughout
the eligibility determination process, including the determination of
appeals.  

(b) Requires the council and TDCJ, when identifying the appropriate
offenders for assistance, to target areas of this state with low levels of
applications for benefits under the SSI and SSDI programs and low levels of
approval of submitted applications.  

(c) Requires the council and TDCJ to develop and implement a tracking
system to monitor applications submitted by offenders with assistance for
benefits under the SSI and SSDI programs. Provides that the system must
record information on the number of applications submitted, whether those
applications were approved or denied, and, if denied, the reasons for
denial. 

(d) Specifies the authorizations and duties of the council and TDCJ. 

(e) Authorizes the council and TDCJ, if contracting for assistance, to
authorize the contractor to collect a fee in an amount specified in the
contract from an offender who receives benefits as a result of assistance
provided by the contractor. Authorizes the fee to be collected only if the
offender was informed of the fee and consented to its collection before
receiving assistance. 

SECTION 4.  Amends Subchapter C, Chapter 141, Human Resources Code, by
adding Section 141.0521, as follows: 
 
Sec. 141.0521. ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME. (a)  Specifies
requirements for the Texas Juvenile Probation Commission (commission)
pertaining to identifying and assisting children for the SSI program. 

(b) Requires the commission to develop and implement a tracking system to
monitor applications submitted by children with assistance for benefits
under the SSI program. Provides that the system must record information on
the number of applications submitted, whether those applications were
approved or denied, and, if denied, the reasons for denial. 

(c) Specifies the authorizations and duties of the commission. 

(d) Authorizes the commission, if contracting for assistance, to authorize
the contractor to collect a fee in an amount specified in the contract from
a child who receives benefits as a result of assistance provided by the
contractor. Authorizes the fee to be collected only if the child, child's
parent, or another person in parental standing, was informed of the fee and
consented to its collection before receiving assistance. 

SECTION 5. (a) Requires DPRS to submit a report to the legislature a report
containing certain recommendations relating to assistance provided by DPRS
to certain children in applying for and establishing eligibility for
federal benefits under the SSI program, no later than February 1, 2001. 

(b) Requires the department to submit a report to the legislature a report
containing certain recommendations relating to assistance provided by the
department to patients and clients in applying for and establishing
eligibility for federal benefits under the SSI and SSDI programs, no later
than February 1, 2001. 

(c) Requires the council and TDCJ to submit a report to the legislature a
report containing certain recommendations relating to assistance provided
by the council and TDCJ to offenders in applying for and establishing
eligibility for federal benefits under the SSI and SSDI programs, no later
than February 1, 2001. 

(d) Requires the commission to submit a report to the legislature a report
containing certain recommendations relating to assistance provided by the
commission to children in applying for and establishing eligibility for
federal benefits under the SSI program, no later than February 1, 2001. 

SECTION 6.  Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute deletes from the original bill, SECTION 1 (proposed 29.015,
Education Code), which authorizes a school district to enter into a
contract with a contractor to identify those students enrolled in special
education programs who may be eligible for federal benefits under the
supplemental security income (SSI) program. 

This substitute deletes from the original bill, SECTION 6 (proposed
301.068, Labor Code), which requires the Texas Workforce Commission (TWC)
to enter into a contract with a contractor to assist TWC in identifying
persons who are receiving unemployment compensations insurance benefits who
may also be eligible for federal benefits under the SSI or SSDI programs,
as well as assisting potentially eligible persons in applying for and
establishing eligibility under those programs. 

This substitute redesignates SECTIONS 2-5 and 7 from the original bill to
SECTIONS 1-4 and 6 of the substitute, respectively. 

This substitute differs from the original bill in SECTION 1 (proposed
Section 264.113, Family Code), by requiring the Department of Protective
and Regulatory Services (DPRS) to assist, rather than entering into a
contract to assist, a child who receives foster care to apply for and
establish  eligibility under the supplemental security income (SSI)
program, provided that the child meets certain criteria. In Subsection (b),
the substitute sets requirements for DPRS, rather than the contractor.  

In Subsection (c) of the substitute, DPRS is required to develop and
implement a tracking system to monitor applications submitted by children
with assistance for benefits under the SSI program and provides that the
system must record information on the number of applications submitted,
whether those applications were approved or denied, and, if denied, the
reasons for denial, whereas Subsection (c), of the original authorizes the
DPRS to enter into a new contract or participate in an existing contract
between a state agency and a contract under which similar services are
provided to the state.  

The substitute adds Subsection (d) which sets duties DPRS is authorized to
undertake.  

The substitute adds Subsection (e) which requires DPRS to authorize the
contractor to collect a fee in an amount specified in the contract from a
child who receives benefits as a result of assistance provided by the
contractor and authorizes the fee to be collected only if the child, the
child's parent, or another person standing in parental relation, as
appropriate, was informed of the fee and consented to its collection before
receiving assistance. 

The substitute differs from the original bill in SECTION 2 (proposed
Section 533.018, Health and Safety Code), by requiring the Texas Department
of Mental Health and Mental Retardation (department)  to assist, rather
than entering into a contract under which the contractor assists, those
patients or clients receiving services from a community center or
department facility in applying for and establishing eligibility for
federal benefits under the SSI program, or the social security disability
insurance program (SSDI) (42 U.S.C. Section 401 et seq.), as amended. The
substitute requires the department to provide assistance throughout the
eligibility determination process, including the determination of appeals.  

Subsection (b) of the substitute deletes the requirement from the original
for the department to identify and refer appropriate patients or clients to
the contractor for assistance in the SSI and SSDI programs and the
authority of the department to receive assistance from the contractor in
identifying appropriate patients or clients.  

Subsection (c) of the substitute requires the department to develop and
implement a tracking system to monitor applications submitted by department
patients and clients with assistance for benefits under the SSI and SSDI
programs and provides that the system must record information on the number
of applications submitted, whether those applications were approved or
denied, and, if denied, the reasons for denial, whereas Subsection (c) of
the original authorized the department to enter into a new contract or
participate in an existing contract between another state agency and a
contractor in which similar services are provided to the state.  

The substitute adds Subsection (d) which specifies the duties the
department is authorized to undertake.  

The substitute also adds Subsection (e) which authorizes the department to
authorize the contractor to collect a fee in an amount specified in the
contract from a patient or client who receives benefits as a result of
assistance provided by the contractor and authorizes the fee to be
collected only if the patient or client or a person legally authorized to
act on behalf of the patient or client was informed of the fee and
consented to its collection before receiving assistance.  

The substitute differs from the original bill in SECTION 3 (proposed
Section 614.019, Health and Safety Code), by adding the Texas Department of
Criminal Justice (TDCJ) to act in coordination with the Texas Council on
Offenders with Mental Impairments (council) in assisting incarcerated,
rather than appropriate, offenders to receive assistance under the SSI and
SSDI programs, and adds the condition that the assistance provided by TDCJ
and the council is based on whether the offenders are likely to be
released. The substitute requires TDCJ and the council to provide
assistance  throughout the eligibility determination process, including the
determination of appeals.  

Subsection (b) of the substitute deletes the requirement from the original
for the council to identify and refer offenders to the contractor for
assistance in the SSI and SSDI programs and the authority of the council to
receive assistance from the contractor in identifying appropriate
offenders. 

Subsection (c) of the substitute requires the council to develop and
implement a tracking system to monitor applications submitted by offenders
with assistance for benefits under the SSI and SSDI programs and provides
that the system must record information on the number of applications
submitted, whether those applications were approved or denied, and, if
denied, the reasons for denial, whereas Subsection (c) of the original bill
authorized the council to enter into a new contract or participate in an
existing contract between another state agency and a contractor in which
similar services are provided to the state.  

The substitute adds Subsection (d) which specifies the authorizations and
duties for the council and TDCJ.  

The substitute also adds Subsection (e) which authorizes the council and
TDCJ to authorize the contractor to collect a fee in an amount specified in
the contract from an offender who receives benefits as a result of
assistance provided by the contractor and authorizes the fee to be
collected only if the offender was informed of the fee and consented to its
collection before receiving assistance.   

This substitute differs from the original bill in SECTION 4 (proposed
Section 141.0521, Human Resources Code),  by specifying requirements for
the Texas Juvenile Probation Commission (commission) pertaining to
identifying and assisting children for the SSI program, whereas the
original bill specified requirements of the commission when entering into a
contract with a contractor.  

Subsection (b) of the substitute deletes the authorization of the
commission to enter into a new contract or participate in an existing
contract between a state agency and a contractor under which similar
services are offered. Subsection (b) of the substitute requires the
commission to develop and implement a tracking system to monitor
applications submitted by children with assistance for benefits under the
SSI program and provides that the system must record information on the
number of applications submitted, whether those applications were approved
or denied, and, if denied, the reasons for denial.  

The substitute adds Subsection (c) which specifies the authorizations and
duties for commission.  

The substitute also adds Subsection (d) which authorizes the commission to
authorize the contractor to collect a fee in an amount specified in the
contract from a child who receives benefits as a result of assistance
provided by the contractor and authorizes the fee to be collected only if
the child was informed of the fee and consented to its collection before
receiving assistance.   

The substitute adds new SECTION 5 to require DPRS, the department, the
council, TDCJ, and the commission to submit reports to the legislature,
which must include recommendations regarding their assistance to various
persons, by February 1, 2001.