HBA-NMO H.B. 2641 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2641 By: Gray Public Health 3/23/1999 Introduced BACKGROUND AND PURPOSE In 1991, the 72nd Texas Legislature created the Health and Human Services Commission (HHSC) to coordinate the delivery of health and human services in this state. Currently, fourteen state agencies, with an appropriation of approximately $26 billion for the 1998-1999 biennium, are responsible for delivering these services. HHSC is subject to the Texas Sunset Act and will be abolished on September 1, 1999, unless continued by the legislature. H.B. 2641 continues HHSC until September 1, 2007. This bill also increases HHSC's operational control over health and human services, including supervision of the Medicaid program, supervision of information systems planning and management, management and distribution of certain federal funds, and implementation of the Texas Integrated Enrollment Services. This bill additionally implements several other recommendations of the Sunset Advisory Commission. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of health and human services in SECTION 2.01 (Section 531.0055) and to the Health and Human Services Commission in SECTION 4.04 of this bill. SECTION BY SECTION ANALYSIS ARTICLE 1. GENERAL POWERS AND DUTIES OF THE HEALTH AND HUMAN SERVICES COMMISSION SECTION 1.01. Amends Section 531.004, Government Code, to continue the Health and Human Services Commission (HHSC) until September 1, 2007, rather than 1999. SECTION 1.02. Amends Section 531.009, Government Code, to require the commissioner of health and human services (commissioner) to employ a medical director to provide medical expertise to the commissioner and HHSC. Amends existing language to conform to standard Sunset language regarding equal opportunity. Makes conforming changes. SECTION 1.03. Amends Section 531.011, Government Code, by adding Subsection (g), to set forth standard Sunset language regarding complaint information. SECTION 1.04. Amends Subchapter A, Chapter 531, Government Code, by adding Section 531.014, as follows: Sec. 531.014. CONSOLIDATION OF REPORTS. Authorizes HHSC to consolidate any annual or biennial reports required to be made under this chapter (Health and Human Services Commission) or any other law if the consolidated report is submitted not later than the earliest deadline for the submission of any component of the consolidated report, and each person required to receive a component of the report receives the report and it identifies the component of the report the person was required to receive. ARTICLE 2. RELATIONSHIP WITH HEALTH AND HUMAN SERVICES AGENCIES SECTION 2.01. Amends Subchapter A, Chapter 531, Government Code, by adding Section 531.0055, as follows: Sec. 531.0055. COMMISSIONER: RESPONSIBILITY RELATING TO CERTAIN FUNCTIONS OF HEALTH AND HUMAN SERVICES AGENCIES. (a) Defines "agency director" and "policymaking body." (b) Requires HHSC to supervise the administration and operation of the Medicaid program, including the administration and operation of the Medicaid managed care system in accordance with Section 531.021 (Administration of Medicaid Program); supervise information systems planning and management for certain health and human services agencies (agencies) in under Section 531.0273 (Information Resources Planning and Management; Advisory Committee); manage and distribute all federal funds received by an agency in accordance with Section 531.028 (Management and Distribution of Funds, and implement Texas Integrated Enrollment Services as required by Subchapter F (Texas Integrated Enrollment Services). (c) Requires HHSC, after implementation of HHSC's duties under Subsection (b), to implement the powers and duties given to HHSC under Sections 531.0246 (Regional Management of Health and Human Services Agencies), 531.0247 (Annual Plan), 2155.144 (Procurements by Health and Human Services Agencies), as added by Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997, and 2167.004 (Leasing Space for Health and Human Services Agencies). (d) Requires HHSC, after the implementation of HHSC's duties under Subsection (b) and (c), to implement the powers and duties given to HHSC under Section 531.0248 (Community-Based Support Systems). (e) Requires the commissioner, as necessary to perform the functions described in Subsections (b), (c), and (d) in implementation of the policies established by each agency's policymaking body, to manage and direct the operations of each agency, and supervise and direct the activities of each agency director. (f) Sets forth the operational authority of the commissioner at each agency for the purposes of Subsection (e). (g) Provides that the operational authority of the commissioner for the purposes of Subsection (e) at each agency includes the authority to adopt or approve, subject to applicable limitations, any rate of payment or similar provision required by law to be adopted or approved by the agency. (h) Requires the commissioner, at each agency, to implement a program to evaluate and supervise the daily operations of the agency. Provides that the program must include measurable performance objectives for each agency director and adequate reporting requirements to permit the commissioner to perform the duties assigned to the commissioner under this section. (i) Authorizes the commissioner, to facilitate the operations of a health and human services agency in accordance with this section, to delegate a specific power or duty given in Subsection (f) to an agency director. (j) Authorizes the commissioner to adopt rules to implement the commissioner's authority under this section. (k) Requires the commissioner and each agency director to enter into a memorandum of understanding that clearly defines the responsibilities of the agency director and the commissioner, establishes the program of evaluation and supervision of daily operations required by Subsection (h), and describes each delegation of a power or duty made under Subsection (i). (l) Provides that a policymaking body has the authority provided by law to adopt policies and rules governing the delivery of services to persons who are served by the agency and the rights and duties of persons who are served or regulated by the agency. Requires the commissioner and the policymaking body to enter into a memorandum of understanding that clearly defines the policymaking authority of the policymaking body and the operational authority of the commissioner. SECTION 2.02. Amends Section 21.004(b), Human Resources Code, to provide that the commissioner of human services is appointed by the Board of Human Services with the concurrence of the commissioner and the approval of the governor. Provides that the commissioner of human services serves at the pleasure of the Board of Human Services. SECTION 2.03. Amends Chapter 22, Human Resources Code, by adding Section 22.0001, as follows: Sec. 22.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Provides that the commissioner has the powers and duties relating to the Board of Human Services and commissioner of human services as provided by Section 531.0055, Government Code. Provides that Section 531.0055 controls, to the extent a power or duty given to the Board of Human Services or the commissioner of human services by another law conflicts with Section 531.0055. SECTION 2.04. Amends Section 40.027(a), Human Resources Code, to make conforming changes as the changes relate to the appointment of the executive director of the Department of Protective and Regulatory Services. SECTION 2.05. Amends Subchapter C, Chapter 40, Human Resources Code, to add Section 40.0505, as follows: Sec. 40.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes conforming changes as the changes relate to the Board of Protective and Regulatory Services and the executive director of the Department of Protective and Regulatory Services. SECTION 2.06. Amends Chapter 73, Human Resources Code, by adding Section 73.0045, as follows: Sec. 73.0045. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes a conforming change as it relates to the board of the Interagency Council on Early Childhood Intervention and the executive director of the Interagency Council on Early Childhood Intervention. SECTION 2.07. Amends Section 73.0052(b), Human Resources Code, to make conforming changes as the changes relate to the appointment of the executive director of the Interagency Council on Early Childhood Intervention. SECTION 2.08. Amends Chapter 81, Human Resources Code, by adding Section 81.0055, as follows: Sec. 81.0055. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes a conforming change as it relates to the Texas Commission for the Deaf and Hard of Hearing and its executive director. SECTION 2.09. Amends Section 81.008(a), Human Resources Code, to make conforming changes as the changes relate to the appointment of the executive director of the Texas Commission for the Deaf and Hard of Hearing. SECTION 2.10. Amends Section 91.012(a), Human Resources Code, to make conforming changes as the changes relate to the appointment of the executive director of the Texas Commission for the Blind. SECTION 2.11. Amends Subchapter C, Chapter 91, Human Resources Code, by adding Section 91.0205, as follows: Sec. 91.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes a conforming change as it relates to the Texas Commission for the Blind and its executive director. SECTION 2.12. Amends Section 101.004(a), Human Resources Code, to make conforming changes as the changes relate to the appointment of the executive director of aging. SECTION 2.13. Amends Subchapter B, Chapter 101, Human Resources Code, by adding Section 101.0205, as follows: Sec. 101.0205. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes a conforming change as it relates to the Texas Board on Aging and its executive director of aging. SECTION 2.14. Amends Section 111.017, Human Resources Code, to make conforming changes as the changes relate to appointment of the chief administrative officer of the Texas Rehabilitation Commission. SECTION 2.15. Amends Subchapter C, Chapter 111, Human Resources Code, by adding Section 111.0505, as follows: Sec. 111.0505. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes a conforming change as it relates to the Texas Rehabilitation Commission and its chief administrative officer. SECTION 2.16. Amends Subchapter C, Chapter 141, Human Resources Code, by adding Section 141.0405, as follows: Sec. 141.0405. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes a conforming change as it relates to the Texas Juvenile Probation Commission and its executive director. SECTION 2.17. Amends Section 11.012(a), Health and Safety Code, to makes conforming changes as the changes relate to the appointment of the commissioner of public health. SECTION 2.18. Amends Subchapter A, Chapter 12, Health and Safety Code, by adding Section 12.0001, as follows: Sec. 12.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes a conforming change as it relates to the Texas Board of Health and the commissioner of public health. SECTION 2.19. Amends Section 461.011(a), Health and Safety Code, to make conforming changes as the changes relate to the appointment of the executive director of the Texas Commission on Alcohol and Drug Abuse. SECTION 2.20. Amends Chapter 461, Health and Safety Code, by adding Section 461.0115, as follows: Sec. 461.0115. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes a conforming change as it relates to the Texas Commission on Alcohol and Drug Abuse and its executive director. SECTION 2.21. Amends Section 532.011(a), Health and Safety Code, to make conforming changes as the changes relate to the appointment of the commissioner of the Texas Department of Mental Health and Mental Retardation. SECTION 2.22. Amends Subchapter A, Chapter 533, Health and Safety Code, by adding Section 533.0001, as follows: Sec. 533.0001. POWERS AND DUTIES OF COMMISSIONER OF HEALTH AND HUMAN SERVICES. Makes a conforming change as it relates to the Texas Department of Mental Health and Mental Retardation and its commissioner. SECTION 2.23. Defines "agency director." Makes application of this Act prospective, as it relates to the term of an agency director. ARTICLE 3. SPECIFIC FUNCTIONS OF HEALTH AND HUMAN SERVICES COMMISSION SECTION 3.01. Amends Section 531.021(b), Government Code, to require HHSC to plan and direct the Medicaid program in each agency that operates a portion of the Medicaid program, including the management of the Medicaid managed care system and the development, procurement, management, and monitoring of contracts necessary to implement the Medicaid managed care system. Requires HHSC to evaluate the Medicaid managed care system in conjunction with the Texas Health Care Information Council under Section 108.0065, Health and Safety Code. Makes conforming changes. SECTION 3.02. Amends Subchapter B, Chapter 531, Government Code, by adding Sections 531.0246-531.0249, as follows: Sec. 531.0246. REGIONAL MANAGEMENT OF HEALTH AND HUMAN SERVICES AGENCIES. Authorizes HHSC, subject to Section 531.0055(c), to require an agency, under the direction of HHSC, to locate all or a portion of the agency's employees and programs in the same building as another agency or at a location near or adjacent to the location of another agency, and consolidate agency support services, including clerical and administrative support services and information resources support services, with support services provided to or by another agency. Sec. 531.0247. ANNUAL PLAN. Requires HHSC, subject to Section 531.0055(c), to develop and implement an annual services plan for each health and human services region that establishes performance objectives for all agencies providing services in the region and measures agency effectiveness and efficiency in achieving those objectives. Sec. 531.0248. COMMUNITY-BASED SUPPORT SYSTEMS. (a) Requires HHSC, subject to Section 531.0055(d), to assist communities in this state in developing comprehensive, community-based support systems for health and human services. Requires HHSC, at the request of a community, to provide resources and assistance to the community to enable the community to identify and overcome institutional barriers to developing more comprehensive community support systems, including barriers that result from the policies and procedures of agencies; and to develop a system of blended funds to allow the community to customize services to fit individual community needs. (b) Requires an agency, at the request of HHSC, to provide resources and assistance to a community as necessary to perform HHSC's duties under Subsection (a). (c) Requires an agency that receives or develops a proposal for a community initiative to submit the initiative to HHSC for review and approval. Requires HHSC 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 HHSC, in implementing this section, to consider models used in other service delivery systems, including the mental health and mental retardation system. Sec. 531.0249. ADVISORY COMMITTEE FOR LOCAL GOVERNMENTAL ENTITIES. Requires HHSC to appoint an advisory committee composed of representatives of governmental entities under Section 531.022(e) (Coordinated Strategic Plan for Health and Human Services). Sets forth the duties of the advisory committee. Prohibits a member of the advisory committee from receiving compensation, but entitles a member to reimbursement of the travel expenses incurred by the member while conducting the business of the committee, as provided by the General Appropriations Act. Provides that the advisory committee in not subject to Chapter 2110 (State Agency Advisory Committees), Government Code. SECTION 3.03. Amends Section 531.0273, Government Code, as follows: Sec. 531.0273. New Title: INFORMATION RESOURCES PLANNING AND MANAGEMENT; ADVISORY COMMITTEE. Provides that HHSC is responsible for strategic planning for information resources at each health and human services agency and requires HHSC to direct the management of information resources at each agency. Requires HHSC to develop a coordinated strategic plan for information resources management, establish information resources management policies, procedures and technical standards that ensure compliance with them, and review and approve the information resources management and biennial operating plan of each agency. Requires HHSC, not later than December 15 of each even-numbered year, to file a coordinated information resources strategic plan with the governor, lieutenant governor, and the speaker of the house of representatives. Requires HHSC to appoint an advisory committee. Sets forth the composition and appointment of the advisory committee. Requires the advisory committee to advise HHSC on certain information resource issues. Prohibits a member of the advisory committee from receiving compensation, but entitles a member to reimbursement of the travel expenses incurred by the member while conducting the business of the committee, as provided by the General Appropriations Act. Provides that the advisory committee is not subject to Chapter 2110 (State Agency Advisory Committees). Makes conforming changes. SECTION 3.04. Amends Section 531.028, Government Code, as follows: Sec. 531.028. MANAGEMENT AND DISTRIBUTION OF FUNDS. Requires HHSC to manage and distribute all federal funds received by agencies. Requires the commissioner to establish a federal money management system to coordinate and monitor the use of federal money that is received by agencies to ensure that the money is spent in the most efficient manner. Requires the commissioner to address certain federal money management issues. Requires HHSC to prepare an annual report with respect to the results of the implementation of this section. Provides that the report must identify strategies to maximize the receipt and use of federal funds and to improve federal funds management. Requires HHSC to file the report with the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 15 of each year. Deletes existing text. SECTION 3.05. Amends Section 531.0312, Government Code, as follows: Sec. 531.0312. TEXAS INFORMATION AND REFERRAL NETWORK. (a) Provides that the Texas Information and Referral Network (network) must include information relating to transportation services provided to clients of state and local agencies. (b) Requires HHSC to cooperate with the Record Management Interagency Coordinating Council (council) and the General Services Commission (GSC) to establish a single method of categorizing information about health and human services to be used by the council and the network. Requires the network, in cooperation with the council and GSC, to ensure that information relating to health human services is included in each residential telephone directory, and the single method of categorizing information about health and human services is used in each residential telephone directory. (c) Requires an agency to provide the council, in addition to the network, with information about the health and human services provided by the agency for inclusion in the statewide information and referral network, residential telephone directories described by Subsection (b), and any other materials produced under the direction of the network or the council. Requires the agency to provide the information in the format required by the network or the council and requires the agency to update the information at least quarterly or as required by the network or the council. SECTION 3.06. Redesignates Section 441.053(j), Government Code, as Subsection (j) of Section 441.203, Government Code, as added by Chapter 873, Acts of the 75th Legislature, Regular Session, 1997, and amends it, to require the council to cooperate with the network under Section 531.0312 to ensure that the council and the network use a single method of defining and organizing information about health and human services. SECTION 3.07. Redesignates Section 9.12, Chapter 655, Acts of the 74th Legislature, Regular Session, 1995, as amended by Section 1, Chapter 1116, Acts of the 75th Legislature, Regular Session, 1997, as Subchapter F, Chapter 531, Government Code, and amends it, as follows: SUBCHAPTER F. TEXAS INTEGRATED ENROLLMENT SERVICES Sec. 531.191. INTEGRATED ELIGIBILITY DETERMINATION. Makes conforming and nonsubstantive changes. Sec. 531.192. COORDINATION WITH LEGISLATIVE OVERSIGHT COMMITTEE. Requires HHSC to develop and implement the plan required by Section 531.191 in consultation and coordination with the Texas Integrated Enrollment Services Legislative Oversight Committee (legislative oversight committee) established by Section 531.202. Requires HHSC, before awarding a contract under Section 531.191, to provide the detailed cost-benefit analysis described by that subsection to the legislative oversight committee. Authorizes HHSC to coordinate with the legislative oversight committee to hold any hearing as required under Section 531.191. Provides that this Section expires on September 1, 2002. SECTION 3.08. Redesignates Subchapter D, Chapter 531, Government Code, as added by Chapter 1116, Acts of the 75th Legislature, Regular Session, 1997, as Subchapter G, Chapter 531, Government Code, and the subchapter heading is amended as follows: New title: SUBCHAPTER G. LEGISLATIVE OVERSIGHT FOR TEXAS INTEGRATED ENROLLMENT SERVICES SECTION 3.09. Amends Section 531.203(a), Government Code, to make a conforming change. SECTION 3.10. Amends Section 2155.144, Government Code, as added by Chapter 1045, Acts of the 75th Legislature, Regular Session, 1997, as follows: (i) Requires HHSC to develop a single statewide risk analysis procedure. Requires each agency to comply with the procedure. Sets forth the necessary factors for the procedure. (j) Requires HHSC to publish a contract management handbook that establishes consistent contracting policies and practices to be followed by agencies. Authorizes the handbook to contain standard contract provisions and formats for agencies to incorporate as applicable in their contracts. (k) Requires HHSC, in cooperation with the comptroller, to establish a central contract management database that identifies each contract made with an agency. Authorizes HHSC to use the database to monitor agency contracts, and authorizes agencies to use the database in contracting. Requires a state agency to send to HHSC in the manner prescribed by HHSC the information the agency possesses that HHSC requires for inclusion in the database. (l) Authorizes HHSC to review the procurement and rate-setting procedures of each agency to ensure that amounts paid to contractors are consistent and represent the best value for the state. Authorizes HHSC to disapprove a procurement and rate-setting procedure of an agency. Prohibits an agency from using a procurement or rate-setting procedure that has been disapproved by HHSC. (m) Requires HHSC to develop and implement a statewide plan to ensure that each entity that contracts with an agency and any subcontractor of the entity complies with the accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.). (n) Redesignated from existing Subsection (j). (o) Requires HHSC, with the assistance of the state auditor, to prepare an annual report that assesses the compliance of each agency with the requirements imposed under this section and that identifies any material risk to the state or to the clients of the agency that results from the agency's procurement and contracting practices. Requires HHSC to file the report with the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 15, of each year. (p) Defines "health and human services agency." SECTION 3.11. Amends Section 2167.004, Government Code, to prohibit the General Services Commission from entering into an emergency lease to serve the needs of an agency unless the emergency lease is entered into under criteria adopted by HHSC in consultation with the General Services Commission. Sets forth the criteria. Redefines "health and human services agency." SECTION 3.12. Requires HHSC to submit a report, not later than December 15, 2000, relating to the delivery of mental health and substance abuse services in this state to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of the Health and Human Services Legislative Oversight Committee. Sets forth the required contents of the report. Requires an agency or any other state agency that provides mental health or substance abuse services to provide HHSC any information, other than confidential information, requested by HHSC relating to mental health and substance abuse services provided by the agency. Provides that this section expires December 31, 2000. SECTION 3.13. Requires HHSC to submit a report by December 15, 2000, relating to regulatory programs conducted by the Texas Department of Health to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of the Health and Human Services Legislative Oversight Committee. Sets forth the factors HHSC must consider in preparing the report. Provides that this section expires on December 31, 2000. SECTION 3.14. Requires HHSC to assess the benefits of consolidating support services provided to agencies in agency headquarters and in regional offices and develop a proposed plan and schedule for colocating offices and consolidating support services in accordance with Section 531.0246. Requires HHSC to report the results of the assessment by September 1, 2000, to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of the Health and Human Services Legislative Oversight Committee. SECTION 3.15. Requires HHSC, the General Services Commission, and the Records Management Interagency Coordinating Council to ensure that information about health and human services presented in the format required by Section 531.0312, Government Code, is available for publication in residential telephone directories to be distributed to the public after December 1, 2000. Requires HHSC, the General Services Commission, and the Records Management Interagency Coordinating Council to report by December 31, 2000, to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of the Health and Human Services Legislative Oversight Committee with respect to the implementation of this section. ARTICLE 4. INVESTIGATIONS OF ABUSE AND NEGLECT SECTION 4.01. Amends Subchapter B, Chapter 531, Government Code, by adding Section 531.053, as follows: Sec. 531.053. INVESTIGATIONS OF ABUSE AND NEGLECT; UNIFORM USE OF TERMS. Requires each agency that may be required to conduct an investigation of abuse, neglect, or exploitation of a client of the agency at a facility operated by or under contract with the agency to use uniform definitions of "abuse," "neglect," and "exploitation" adopted by HHSC under this section. Provides that these definitions must be at least as stringent as any definition that would otherwise be applicable to the investigation under law. SECTION 4.02. Amends Section 261.401, Family Code, to include exploitation of a child among the list of actions that an agency is required to investigate promptly. Defines "abuse," "neglect," and "exploitation." Redesignates Subsection (b) as (c). SECTION 4.03. Amends Section 48.081, Human Resources code, to define "abuse," "neglect," and "exploitation." Redesignates Subsection (j) as (k). SECTION 4.04. Requires HHSC to identify each agency that may be required to conduct an investigation described by Section 531.053, Government Code, and convene a group of representatives of those agencies. Requires the group to develop proposed definitions of "abuse," "neglect," and "exploitation" for purposes of those investigations by June 1, 2000. Requires HHSC, by rule, to adopt uniform definitions of "abuse," "neglect," and "exploitation" by August 1, 2000. Provides that an agency is not required to use the uniform definitions adopted under this section before September 1, 2000. ARTICLE 5. GUARDIANSHIP ADVISORY BOARD SECTION 5.01. Amends Section 531.122(b), (c), and (d), Government Code, to include three public representatives, and one representative of the Department of Protective and Regulatory Services in the composition of the Guardianship Advisory Board (advisory board). Provides that the public representatives and representatives of the Department of Protective and Regulatory Services are appointed by the Health and Human Services Commissioner and the Board of the Department of Protective and Regulatory Services, respectively. Makes conforming changes. SECTION 5.02. Amends Subchapter D, Chapter 531, Government Code, as added by Chapter 1033, Acts of the 75th Legislature, Regular Session, 1997, by adding Section 531.1235, as follows: Sec. 531.1235. ADVISORY BOARD; ADDITIONAL DUTIES; STATEWIDE GUARDIANSHIP SYSTEM. Requires the advisory board to advise HHSC and the Department of Protective and Regulatory Services with respect to a statewide guardianship program and develop a proposal for a statewide guardianship program, and review and comment on the guardianship policies of all agencies and recommend changes to the policies the advisory board considers necessary or advisable. Requires the advisory board to prepare an annual report with respect to the recommendations of the advisory board. Requires the advisory board to file the report with HHSC, the Department of Protective and Regulatory Services, the governor, the lieutenant governor, and the speaker of the house of representatives by December 15, of each year. SECTION 5.03. Amends Section 531.124, Government Code, by adding Subsection (c), to require the advisory board to annually review and comment on the minimum standards adopted under this section and the plan implemented under this section and is required to include its conclusions in the report submitted under Section 531.1235. SECTION 5.04. Requires the Board of Protective and Regulatory Services to appoint the additional members of the advisory board by October 1, 1999. ARTICLE 6. EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES SECTION 6.01. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY PROGRAM. Amends Subchapter B, Chapter 481, Government Code, by adding Section 481.025, as follows: Sec. 481.025. EMPOWERMENT ZONE AND ENTERPRISE COMMUNITY PROGRAM. Provides that the Texas Department of Economic Development (department) is responsible for administering the Empowerment Zone and Enterprise Community grant program in this state. Requires the department to cooperate with appropriate federal and local agencies as necessary to administer the grant program. SECTION 6.02. Provides that effective January 1, 2000, administration of the Empowerment Zone and Enterprise Community grant program in this state is transferred from HHSC to the department. Requires the commissioner of health and human services and the governing board of the Texas Department of Economic Development to enter in to a memorandum of understanding as necessary to implement the transfer required by this section. ARTICLE 7. HEALTH CARE INFORMATION COUNCIL SECTION 7.01. Amends Section 531.001(4), Government Code, to redefine "health and human services agencies." SECTION 7.02. Amends section 108.002(4), Health and Safety Code, to redefine "data." SECTION 7.03. Amends Chapter 108, Health and Safety Code, by adding Section 108.0065, as follows: Sec. 108.0065. POWERS AND DUTIES OF COUNCIL RELATING TO MEDICAID MANAGED CARE. (a) Defines "commission" and "Medicaid managed care organization." (b) Requires the Texas Health Care Information Council (council) to collect data under this chapter with respect to Medicaid managed care organizations. Authorizes the council to coordinate the collection of the data with the collection of data for health benefit plan providers, but authorizes the council to collect data in addition to the data otherwise required of health benefit plan providers. (c) Requires each Medicaid managed care organization to provide the data required by the council in the form required by the council. (d) Provides that dissemination of data collected under this section is subject to Sections 108.010 (Collection and Dissemination of Provider Quality Data), 108.011 (Dissemination of Public Use Data and Council Publications), 108.012, (Computer Access to Data), 108.013 (Confidentiality and General Access to Data), 108.014 (Civil Penalty), and 108.0141 (Criminal Penalty), Health and Safety Code. (e) Requires the council, in consultation with HHSC, to analyze the data collected in accordance with this section and sets forth the required use of the data. (f) Requires the council to report, no later than December 15 of each even-numbered year, to HHSC, the governor, the lieutenant governor, and the speaker of the house of representative with respect to the council's conclusions, recommendations, and any recommendations for legislation. (g) Authorizes the report made under Subsection (f) to be consolidated with any report made under Section 108.006(a)(9). SECTION 7.04. Requires the council, in consultation with HHSC and the presiding officer of the Health and Human Services Legislative Oversight Committee to develop a plan, no later than December 15, 1999, for implementing the council's duties under Section 108.0065, Health and Safety Code. ARTICLE 8. LEGISLATIVE OVERSIGHT SECTION 8.01. Amends Chapter 531, Government Code, by adding Subchapter E, as follows: SUBCHAPTER E. HEALTH AND HUMAN SERVICES LEGISLATIVE OVERSIGHT Sec. 531.171. DEFINITION. Defines "committee" as the Health and Human Services Legislative Oversight Committee. Sec. 531.172. COMPOSITION OF COMMITTEE; PRESIDING OFFICER. Provides that the committee is composed of five persons appointed by the lieutenant governor, including four person who are members of the senate or the lieutenant governor and one member of the public; and five persons appointed by the speaker of the house of representatives, including four members of the house of representatives, one of whom may be the speaker of the house of representatives, and one member of the public. Provides that a member of the committee serves at the pleasure of the appointing official. Requires the lieutenant governor and the speaker of the house of representatives to designate, from the committee members, the presiding officer of the committee on an alternating basis. Requires the presiding officer to serve in that capacity for a two-year period expiring February 1 of each odd-numbered year. Sec. 531.173. COMMITTEE POWERS AND DUTIES. (a) Requires the committee to meet at the call of the presiding officer; to monitor HHSC's implementation of Section 531.0055 and other duties in consolidating and integrating health and human services; to recommend adjustments to such implementation; to collect, analyze, and report information relating to the health and human services system in this state; and to hold meetings and take public testimony to insure public input on the implementation of Section 531.0055 and HHSC's other duties in consolidating and integrating health and human services. (b) Requires HHSC, at the committee's request, to provide staff and resources to support the committee, information, and an annual plan that addresses the topics identified by the committee. (c) Requires an agency, at the committee's request, to provide information to the committee relating to the health and human services system and report on agency progress in implementing statutory directives identified by the committee and the directives of HHSC. (d) Authorizes the committee to use staff of standing committees in the senate and the house of representatives with the appropriate jurisdiction, the Department of Information Resources, the state auditor, the Texas Legislative Council, and the Legislative Budget Board in carrying out its responsibilities. Sec. 531.174. REPORT. Requires the committee to report to the governor, the lieutenant governor, and the speaker of the house of representatives not later than December 31 of each year. Provides that the report must include identification of significant problems in the implementation of Section 531.0055 and HHSC's other duties in consolidating and integrating health and human services, the status of the implementation and other duties, and recommendations for legislative action. Sec. 531.175. DURATION OF THE COMMITTEE. Abolishes the committee on September 1, 2001. ARTICLE 9. REPEALER; EFFECTIVE DATE; EMERGENCY SECTION 9.01. Repealer: Section 441.053(k) (defines "member agency"), Government Code; and Section 531.0272 (Federal Funds), Government Code. SECTION 9.02. Effective date: September 1, 1999. SECTION 9.03. Emergency clause.