HBA-MPM, JRA S.B. 95 76(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 95
By: Moncrief
Public Health
4/16/1999
Committee Report (Amended)


BACKGROUND AND PURPOSE 

Currently, people are living longer, and the inevitable increase of the
state's elderly population emphasizes the importance for the state to plan
for the delivery of long term care services.  Work groups created by state
health and human service agencies to address long-term care, community
services, and health services could develop a strategic plan for the state.
S.B. 95 requires appropriate health and human services agencies to develop
a strategic plan concerning the delivery of long-term care and health
services for the elderly and disabled population, and to submit a report to
the 77th Legislature. 

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.  DETERMINATION OF HOME HEALTH SERVICES DUAL COVERAGE.  Defines
"home health services" for purposes of this section. Requires the Health
and Human Services Commission (commission), assisted by all appropriate
health and human services agencies as defined by Section 531.001
(Definitions), Government Code, to the extent possible and as soon as
possible after the effective date of this Act, to obtain all federal and
state information necessary to determine the number of persons in this
state dually eligible for and receiving home health services paid under
Medicaid and Medicare and the relative percentages of the total amount of
home health benefits paid on behalf of such persons by Medicaid and
Medicare.   

SECTION 2.  CONSOLIDATED COMPLAINT INTAKE SYSTEM.  (a)  Requires the
commission, assisted by the Department of Protective and Regulatory
Services, the Texas Department of Human Services, the Texas Department of
Health, and any appropriate health and human services agency (agency) as
defined by Section 531.001, Government Code, and with the participation of
consumers of relevant services, to develop a strategic plan for the
creation of a consolidated intake system for complaints made to an agency
involving the abuse, neglect, or exploitation of a person. 

(b)  Provides that the strategic plan must identify a single agency to
receive all complaints, address procedural issues, address the use of
consistent definitions of relevant terms, i.e., "abuse," "neglect," and
"exploitation," and include other recommendations as necessary to implement
the plan and simplify the process for making a complaint. 

(c)  Requires the commission to submit a report concerning the strategic
plan, including recommendations for legislative action, to the governor and
legislature no later than December 1, 2000. 

SECTION 3.  STATE REGISTRY OF HEALTH CARE WORKERS.  (a)  Requires the
commission, assisted by and with the participation of the entities listed
in SECTION, to develop a strategic plan for the creation and maintenance of
a state registry to contain the names of health care workers determined to
have abused, neglected, or exploited a resident of an assisted living
facility or an individual receiving support through an agency. 

(b)  Provides that the strategic plan  must include recommendations
relating to providing due  process to a health care worker in connection
with the placement of the worker's name in the registry and public access
to the registry. 

(c)  Requires the commission to submit a report concerning the strategic
plan, including recommendations for legislative action, to the governor and
legislature no later than December 1, 2000. 

SECTION 4.  WORK GROUP ON REGULATION OF BRAIN INJURY REHABILITATION
PROGRAMS.  (a)  Requires the Texas Rehabilitation Commission (commission,
in this section) to form a work group to study national accreditation
standards for facilities providing brain injury rehabilitation services
(facilities) and make recommendations concerning potential state
certification of those facilities as soon as possible after the effective
date of this Act.   

(b)  Requires the commission to include in the work group representatives
of developers and providers of facilities and consumers of brain injury
rehabilitation services. 

(c)  Requires the work group, in performing the tasks specified in
Subsection (a), to consult with the Texas Traumatic Brain Injury Advisory
Board. 

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

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

(f)  Provides that a member of the work group receives no compensation for
serving on the work group. 

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

(h)  Requires the work group to complete the tasks specified in Subsection
(a) of this section and to submit a report describing its findings and
recommendations relating to certification of facilities to the governor and
legislature no later than December 1, 2000. 

(i)  Provides that the work group dissolves and this section expires
September 1, 2001. 

SECTION 5.  PERSONAL CARE ATTENDANT TRAINING.  Requires the Texas
Department of Human Services, with assistance from the Texas Workforce
Commission, the Texas Rehabilitation Commission, the Texas Commission for
the Blind, the Texas Commission for the Deaf and Hard of Hearing, and the
Texas Higher Education Coordinating Board, with the participation of
consumers of relevant services, to review training programs for personal
care attendants and to develop recommendations for improvement in those
programs.  Requires the Texas Department of Human Services to submit a
report concerning its findings and recommendations to the governor and
legislature no later than December 1, 2000. 

SECTION 6.  AFFORDABLE HOUSING AND HOME COMMUNITY SUPPORT SERVICES STUDY.
Requires the Texas Department of Housing and Community Affairs, with
assistance from each appropriate agency, as defined by Section 531.001,
Government Code, and with the participation of consumers of relevant
services, to study opportunities for providing home and community support
services to residents of affordable housing developments and participants
in other affordable housing programs.  Requires the Texas Department of
Housing and Community Affairs to identify available funding sources for
services, buildings, and architectural upgrades as part of the study and to
submit a report concerning its findings and recommendations to the governor
and legislature no later than December 1, 2000. 

SECTION 7.Emergency clause.
  Effective date: upon passage.


 EXPLANATION OF AMENDMENTS

Committee Amendment #1

SECTION 5.  (a)  Adds providers and consumers of personal attendant
services among those required to assist the Texas Department of Human
Services in reviewing training programs for personal care attendants and
developing recommendations for improvement in those programs. 

(b) Requires the Texas Department of Human Services to include the probable
cost of increased training and wages to the Medicaid program in its report
to the governor and the legislature.