HBA-DMD S.B. 374 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 374
By: Zaffirini
Human Services
5/5/1999
Engrossed


BACKGROUND AND PURPOSE 

S.B. 374 requires the Health and Human Services Commission, the Texas
Department of Human Services (DHS), and the Texas Department on Aging
(department), to assist Texas communities in developing long-term care
service-delivery systems. This bill also creates a work group to assist DHS
and the Texas Department of Mental Health and Mental Retardation to study
the coordination of planning between the two agencies in providing
long-term care services.  This bill continues the department until
September 1, 2004. It transfers specified duties of the Texas Department of
Health to DHS. S.B. 374 abolishes the Texas Department on Aging and creates
the Texas Department of Aging and Disability Services, governed by a board
and a commissioner. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the secretary of state in SECTION 1.17
of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  LONG-TERM CARE SERVICES; TEXAS DEPARTMENT ON AGING

SECTION 1.01.  Amends Subchapter B, Chapter 531, Government Code, by adding
Section 531.02481, as follows: 

Sec. 531.02481. COMMUNITY-BASED SUPPORT AND SERVICE DELIVERY SYSTEMS FOR
LONG-TERM CARE SERVICES. (a) Requires the Health and Human Services
Commission (commission), the Texas Department of Human Services (DHS), and
the Texas Department on Aging (department), to assist Texas communities in
developing long-term care service-delivery systems. Requires the
commission, to provide resources to assist a community which requests
assistance, to accomplish certain goals, and sets forth the goals.  

(b) Requires a health and human services (HHS) agency to provide resources
and assistance to a community, upon the commission's request as necessary
to perform the commission's duties under Subsection (a).  

(c) Requires an HHS agency that receives or develops a proposal for a
community initiative to submit the initiative to the commission for review
and approval. Requires the commission to review the initiative to ensure
that the initiative is consistent with other similar programs offered in
communities and does not duplicate other services provided in the
community.  

(d) Requires the commission, when implementing this section, to consider
models used in other service delivery systems. 

(e) Requires the commissioner of health and human services (commissioner)
to assure the maintenance of no fewer than 28 area agencies on aging in
order to assure the continuation of a local system of access and assistance
that is sensitive to the aging population. 

 (f) Authorizes a community-based organization or a combination of
organizations to make a proposal under this section. Provides that a
community-based organization includes an area agency on aging; an
independent living center; a municipality, county, or other local
government; or a nonprofit organization. 

SECTION 1.02.  Amends Chapter 22, Human Resources Code, by adding Section
22.034, as follows: 

Sec.  22.034. WORK GROUP ON LONG-TERM CARE SERVICES. (a) Defines "long-term
care services."  

(b) Provides that a work group is created to assist DHS and the Texas
Department of Mental Health and Mental Retardation (MHMR) to study the
coordination of planning between the two agencies in providing long-term
care services.  

(c) Sets forth the composition of the work group. 

(d) Provides that a work group member serves at the will of the appointing
agency.  


(e) Requires the members of the work group to elect a presiding officer and
any other necessary officers.   

(f) Requires the work group to meet at the call of the presiding officer.  

(g) Provides that a work group member receives no additional compensation
for services, but is required to be reimbursed for travel and participation
expenses as provided in the General Appropriations Act.  

(h) Requires the work group to study and report on coordination of planning
and services between DHS and MHMR in providing long-term care services.
Sets forth requirements for a study regarding consistent and standardized
regulations, rate-setting processes, contractor monitoring, management
procedures, and administration.  

(i) Requires the work group to report annually to the commissioner, the
commissioner of health and human services, and the commissioner of MHMR.
Provides that the work group must include any recommendations on subjects
the work group has studies. 

(j) Provides that the work group is not subject to Chapter 2110 (State
Agency Advisory Committees), Government Code. 

SECTION 1.03.  Amends Chapter 113, Human Resources Code, by transferring it
to Chapter 22, and redesignating it as Section 22.035, as follows: 

Sec.  22.035. PROGRAMS FOR DEAF-BLIND MULTIHANDICAPPED INDIVIDUALS AND
THEIR PARENTS. Transfers the requirements and authority of the Texas
Rehabilitation Commission to DHS. Makes conforming changes. 

SECTION 1.04.  Amends Section 101.001, Human Resources Code, to set forth
specific qualifications of individual Texas Board on Aging (board) members.
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 department, rather than
the board. Deletes text regarding the frequency of board meetings. Makes
conforming and nonsubstantive changes. Redesignates Subsections (c)-(e) as
Subsections (d)-(f), respectively. 

SECTION 1.05.  Amends Section 101.0011, Human Resources Code, to add
language to conform to standard Sunset Commission language regarding
removal of board members. Makes conforming changes. 

SECTION 1.06.  Amends Subchapter A, Chapter 101, Human Resources Code, by
adding Section  101.0012, as follows: 

Sec. 101.0012. TRAINING PROGRAM FOR BOARD MEMBERS. Sets forth standard
Sunset Commission language regarding board member training. 

SECTION 1.07.  Amends Section 101.002, Human Resources Code, to continue
the department until September 1, 2004, rather than 1999. 

SECTION 1.08.  Amends Section 101.003, Human Resources Code, as follows:

Sec. 101.003. New Title: PRESIDING OFFICER. Requires the governor to
designate a presiding officer, rather than a chairman. Makes conforming
changes. 

SECTION 1.09.  Amends Section 101.0031, Human Resources Code, to define
"Texas trade association." Adds language to conform to standard Sunset
Commission language regarding prohibitions against conflicts of interest.
Redesignates Subsection (b) as Subsection (c). 

SECTION 1.10.  Amends Section 101.0061(d), Human Resources Code, to add
language to conform to standard Sunset Commission language regarding
standards of conduct. 

SECTION 1.11.  Amends Section 101.022, Human Resources Code, to require the
department to provide expertise, advice, and recommendations to state
agencies, the legislature, and other elected officials on aging issues,
including recommendations to meet the needs of this state's elderly.
Requires the department to cooperate with state and federal agencies and
other organizations when conducting studies and surveys regarding
transportation, insurance, and legal rights. Requires the department to
conduct research and long-range planning regarding long-term care,
community care, and other issues that affect elderly individuals. Requires
the department to make certain recommendations to the governor, the
legislature, and state agencies. Makes conforming changes. Redesignates
Subsections (b)-(e) and (g) as Subsections (c)-(f) and (i), respectively.  

SECTION 1.12.  Amends Sections 101.024(a) and (b), Human Resources Code, to
require the department to disburse state funds appropriated for the purpose
to certain programs that recruit elderly, rather than retired, persons to
perform services under the National Senior Service Corps, rather than
Foster Grandparent Programs. Provides that state funds are allowed to be
used to compensate participants in the Foster Grandparent and Senior
Companion Programs. 

SECTION 1.13.  Amends Section 101.0255, Human Resources Code, to include
reimbursement rates, contract terms, and performance standards as areas in
which the department and DHS are required to work to ensure consistency.
Removes a deadline regarding the requirement of the department and DHS to
enter into an agreement that allows an area agency on aging to perform
certain functions. Requires the department to use the billing system of DHS
if it is cost-effective. Requires the department to reimburse DHS through
an interagency contract for the cost of any use, if required by DHS.
Requires the department and DHS to coordinate the monitoring of providers
who contract with the respective agency to provide the same or a
substantially similar service. Makes conforming and nonsubstantive changes. 

SECTION 1.14.  Amends Subchapter B, Chapter 101, Human Resources Code, by
adding Section 101.0256, as follows: 

Sec. 101.0256. COORDINATED ACCESS TO LOCAL SERVICES. Requires the
department and DHS to develop standardized assessment procedures to share
information on common clients served in a similar service region. 

SECTION 1.15.  Amends Subchapter B, Chapter 101, Human Resources Code, by
adding Section 101.033, as follows: 

Sec. 101.033. OLDER AMERICANS ACT; STATE PLAN. Requires the department and
DHS to jointly develop Texas' plan on aging, as required by the federal
Older Americans Act and its subsequent amendments. Requires these entities
to jointly conduct a statewide needs  assessment for long-term care
services, and sets forth assessment requirements. 

SECTION 1.16.  Amends Subchapter B, Chapter 531, Government Code, by adding
Section 531.0235, as follows: 

Sec. 531.0235. BIENNIAL DISABILITY REPORTS. (a) Requires the commissioner
of health and human services (commissioner) to direct and require the Texas
Planning Council for Developmental Disabilities and the Office for the
Prevention of Developmental Disabilities to prepare a joint biennial report
on the state of services to persons with disabilities in Texas, and
requires submission of the report by December 1 of each evennumbered year,
to the commissioner, the governor, the lieutenant governor, and the speaker
of the house of representatives.  

(b) Requires the commission, the department, and other HHS agencies to
coordinate with the agencies required to prepare the report under
Subsection (a). 

SECTION 1.17.  (a) Provides that the licensing and regulation of home and
community support services agencies and home health medication aides under
Chapter 142 (Home and Community Support Services), Health and Safety Code,
and the certification of home and community support services agencies on
behalf of the United States Department of Health and Human Services for
purposes of participation in the Medicare program are transferred from the
Texas Department of Health to DHS on September 1, 1999. 

(b) Transfer all funds, obligations, and contracts of the Texas Department
of Health related to a function listed in Subsection (a) of this section to
DHS, on September 1, 1999. 

(c) Transfers to DHS all property and records in the custody of the Texas
Department of Health related to a function listed in Subsection (a) of this
section, and all funds appropriated by the legislature to the Texas
Department of Health for a function listed in Subsection (a) of this
section, on September 1, 1999. 

(d) Provides that all employees of the Texas Department of Health who
perform duties related to a function listed in Subsection (a) of this
section become employees of DHS, to be assigned duties by the commissioner
of human services, on September 1, 1999. 

(e) Provides that a rule or form adopted by the Texas Department of Health
that relates to a function listed in Subsection (a) of this section is a
rule or form of DHS and remains in effect until altered by DHS. Authorizes
the secretary of state to adopt rules as necessary to expedite the
implementation of this subsection. 

(f) Provides that the transfer of the functions listed in Subsection (a) of
this section does not affect or impair any act done, any obligation, right,
order, license, permit, rule, criterion, standard, or requirement existing,
any investigation begun, or any penalty accrued under former law, and that
law remains in effect for any action concerning those matters. 

(g) Provides that an action brought or proceeding commenced before the
transfer required by this section is effected, including a contested case
or a remand of an action or proceeding by a reviewing court, is governed by
the law and rules applicable to the action or proceeding before the date of
the transfer. 

(h) Provides that after the transfer required by this section is effected,
a reference in law to the Texas Department of Health or the Texas Board of
Health that relates to a function listed in Subsection (a) of this section
means the DHS and the Texas Board of Human Services, respectively. 

SECTION 1.18.  (a) Sets forth that on September 1, 1999:

(1)  all functions and activities relating to specified programs assigned
to or performed  by the Texas Rehabilitation Commission immediately before
that date are transferred to DHS; 
(2)  all employees of the Texas Rehabilitation Commission who primarily
perform duties related to a program listed in Subdivision (1) of this
subsection become employees of DHS, to be assigned duties by the
commissioner of DHS; 
(3)  a rule or form adopted by the Texas Rehabilitation Commission that
relates to a program listed in Subdivision (1) of this subsection is a rule
or form of DHS and remains in effect until altered by the agency; 
(4) a reference in law or an administrative rule to the Texas
Rehabilitation Commission that relates to a program listed in Subdivision
(1) of this subsection means DHS; 
(5) a license, permit, or certification in effect that was issued by the
Texas Rehabilitation Commission for a program listed in Subdivision (1) of
this subsection is continued in effect as a license, permit, or
certification of DHS; and 
(6) a complaint, investigation, or other proceeding pending before the
Texas Rehabilitation Commission that is related to a program listed in
Subdivision (1) of this subsection is transferred without change in status
to DHS. 

(b) Sets forth that on October 1, 1999, all funds, obligations, and
contracts of the Texas Rehabilitation Commission related to a program
listed in Subsection (a) of this section are transferred to DHS; and all
property and records in the custody of the Texas Rehabilitation Commission
related to a program listed in Subsection (a) of this section and all funds
appropriated by the legislature for a program listed in Subsection (a) of
this section are transferred to DHS. 

SECTION 1.19. (a) Requires the executive director of aging and the
commissioners of DHS, MHMR, and the Health and Human Services Commission to
appoint the members of the work group created by Section 22.034, Human
Resources Code, as added by this Act, no later than December 31, 1999. 

(b) Requires the work group to report on the study and recommendations
required by Subsection (h), Section 22.034, Human Resources Code, as added
by this Act, to the commissioners of DHS and MHMR no later than September
1, 2000. 

SECTION 1.20.  (a) Requires DHS to study the feasibility of a subacute care
pilot project. Requires the Health and Human Services Commission and the
Texas Department of Health to cooperate with and assist DHS in this study.
Specifies the required considerations for DHS when conducting the study. 

(b) Requires DHS to submit to the Health and Human Services Commission a
report on the feasibility of a subacute care pilot project, no later than
September 1, 2000. 

(c) Provides that this section expires September 1, 2001.

SECTION 1.21. Requires the commissioner to evaluate and report to the
lieutenant governor and the speaker of the house of representatives on the
results of service coordination between the Texas Department on Aging and
the Texas Department of Human Services under Section 101.0255, Human
Resources Code, as amended by this Act, no later than November 1, 2000.
Specifies the provisions that are required to be included in the report. 

SECTION 1.22.  Provides that the changes in law made by this Act to Section
101.001, Human Resources Code, do not affect the entitlement of a member of
the board serving on the board immediately before September 1, 1999, to
continue to serve on the board for the term to which the member was
appointed. Requires the governor, as the terms of members of the board
expire or as vacancies occur on the board, to make appointments to the
board to achieve, as soon as possible, the membership plan prescribed by
Section 101.001, Human Resources Code, as amended by this Act. 

SECTION 1.23.  (a) Requires the Health and Human Services Commission to
evaluate the feasibility of establishing an integrated local system of
access and services for elderly persons and persons with  disabilities. 

(b) Requires the Health and Human Services Commission, no later than
November 1, 2000, to report to the lieutenant governor and the speaker of
the house of representatives on the results of the study.  Requires the
report to include the commission's recommendations on how best to achieve
integration. 

SECTION 1.24.  Provides that this article takes effect September 1, 1999.

ARTICLE 2.  LONG-TERM CARE SERVICES; DEPARTMENT OF AGING AND DISABILITY
SERVICES. 

SECTION 2.01.  Amends Sections 11.001(1)-(3), Human Resources Code, to
redefine "board," "department," and "commissioner." 

SECTION 2.02.  Amends Section 101.001, Human Resources Code, as follows:

Sec.  101.001. New Title: DEFINITIONS. Defines "board" and "department."
Deletes existing section regarding the composition of the Texas Board on
Aging. 

SECTION 2.03.  Amends Subchapter A, Chapter 101, Human Resources Code, by
adding Section 101.0015, as follows: 

Sec.  101.0015. AGING POLICY COUNCIL. Requires the Texas Department on
Aging and Disability Services to appoint an advisory committee known as the
Aging Policy Council (council). Requires the council to provide advice on
certain matters. Provides that the council consists of nine members, and
sets forth eligibility requirements. Requires the council to submit a
report to the governor, the lieutenant governor, and the speaker of the
house of representatives by December 1 of each even-numbered year.
Specifies the contents to be included in the report. 

SECTION 2.04.  Amends Section 101.030(a), Human Resources Code, to make a
conforming change. 

SECTION 2.05.  Amends Section 101.059, Human Resources Code, to remove DHS
from a list of entities that are required to receive information relating
to complaints and conditions in long-term care facilities. Makes conforming
changes. 

SECTION 2.06.  Amends Chapter 21, Human Resources Code, by adding Section
21.0033, as follows: 

Sec. 21.0033. TRAINING PROGRAM FOR BOARD MEMBERS. Sets forth standard
Sunset Commission language regarding the Texas Board of Aging and
Disability Services member training.  

SECTION 2.07.  Amends Chapter 22, Human Resources Code, by adding Section
22.0245, as follows: 

Sec. 22.0245. OLDER AMERICANS ACT; STATE PLAN. Requires the Texas
Department on Aging and Disability Services to develop the state's plan on
aging, as required by the federal Older Americans Act of 1965 (42 U.S.C.
Section 3001 et seq.) and its subsequent amendments. Requires the Texas
Department on Aging and Disability Services to conduct a statewide needs
assessment for long-term care services. Requires the assessment to include
input from certain entities.  

SECTION 2.08.  (1) Repealer: Section 101.0011 (Removal of Board Members),
Human Resources Code. 

(2) Repealer: Section 101.0012 (Training Program for Board Members), Human
Resources Code, as added by Article 1 of this Act. 

(3) Repealer: Section 101.002 (Sunset Provision), Human Resources Code.

(4) Repealer: Section 101.003 (Chairman of the Board), Human Resources Code.

(5) Repealer: Section 101.0031 (Restrictions on Board Membership and
Employment), Human Resources Code. 


(6) Repealer: Section 101.004 (Executive Director of Aging; Other
Personnel), Human Resources Code. 

(7) Repealer: Section 101.006 (Divisions of the Department), Human
Resources Code. 

(8) Repealer: Section 101.0061 (Personnel Matters), Human Resources Code.

(9) Repealer: Section 101.007 (Merit System), Human Resources Code.

(10) Repealer: Section 101.008 (Finances), Human Resources Code.

(11) Repealer: Section 101.021 (Rules), Human Resources Code.

(12) Repealer: Section 101.0221 (Public Interest Information; Complaints),
Human Resources Code. 

(13) Repealer: Section 101.0255 (Service Standards and Agreements), Human
Resources Code. 

(14) Repealer: Section 101.0256 (Coordinated Access to Local Services),
Human Resources Code, as added by this Act. 

(15) Repealer: Section 101.033 (Older Americans Act; State Plan), Human
Resources Code, as added by this Act. 

(16) Repealer: Section 101.043(b), Human Resources Code (regarding
duplication of services). 

SECTION 2.09.   Authorizes a board member to continue to serve until the
original term of service expires. 

SECTION 2.10.  (a)  Provides that a reference in a law or rule to DHS means
the Texas Department of Aging and Disability Services. 

(b)  Provides that a reference in a law or rule to the Texas Board of Human
Services means the Texas Board of Aging and Disability Services. 

(c)  Provides that a reference in law to the commissioner of DHS means the
commissioner of the Texas Department of Aging and Disability Services. 

SECTION 2.11.  (a)  Abolishes the Texas Department on Aging.

(b)  Provides that on the effective date of this article, certain aspects
of the Texas Department on Aging are transferred to the Texas Department of
Aging and Disability Services. 

(c)  Requires funds, obligations, contracts, property, and records of the
Texas Department on Aging to be transferred to the Texas Department of
Aging and Disability Services, on the 30th day after the effective date of
this section. 

 SECTION 2.12.  Effective date for this article:  September 1, 2003.

ARTICLE 3.  EFFECTIVE DATE; EMERGENCY

SECTION 3.01.  Effective date:  September 1, 1999, except as otherwise
provided by this Act. 

SECTION 3.02.  Authorizes the delay of implementing provisions for which
certain entities determine that a waiver or authorization is necessary for
such implementation. 

SECTION 3.03.  Emergency clause.