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


Office of House Bill AnalysisH.B. 718
By: Maxey
Human Services
2/4/1999
Introduced



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.  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, Texas Council on
Offenders With Mental Impairments, and Texas Workforce Commission 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 A, Chapter 29, Education Code, by adding
Section 29.015, as follows: 

Sec. 29.015.  ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME.  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
(42 U.S.C. Section 131 et seq.), as amended, and assists potentially
eligible students to apply for and establish eligibility under that
program.  Authorizes a school district to exercise the authority granted by
this section by entering into a new contract or by participating in an
existing contract between a state agency and a contractor under which
similar services are provided to the state. 

SECTION 2.  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 enter into a
contract to assist a child who receives foster care to apply for and
establish eligibility under the SSI program, provided that the child is at
least 17 years of age, has not previously applied for SSI benefits, and,
according to the contractor's evaluation, would likely be eligible under
that program if foster care payments from another funding source were not
being made on the child's behalf. 

(b)  Requires the contractor, in accordance with the contract, to take all
necessary steps to assist the child in preparing an application, which
includes obtaining all necessary medical and psychological records, so that
an application can be filed at the time that the child stops receiving the
benefits of foster care payments from another funding source. Requires the
contractor to assist the child throughout the eligibility process,
including the  determination of appeals, regardless of the child's age or
legal status as an adult. 

(c)  Authorizes the DPRS to comply with Subsection (a) by entering into a
new contract or by participating in an existing contract between a state
agency and a contractor under which similar services are provided to the
state. 

SECTION 3.  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) to enter
into a contract with a contractor to assist the appropriate department
patients or clients who receive 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.   

(b)  Requires the department to identify and refer the appropriate patients
or clients to the contractor for assistance in establishing eligibility for
the SSI and SSDI programs. Requires the department 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, when identifying
appropriate patients or clients for referral.  Authorizes the department to
obtain assistance from the contractor in identifying appropriate patients
or clients. 

(c)  Authorizes the department to comply with Subsection (a)  by entering
into a new contract or by participating in an existing contract between
another state agency and a contractor under which similar services are
provided to the state.  

SECTION 4.  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) to enter into a contract
with a contractor to assist the appropriate offenders served by the council
in applying for and establishing eligibility for federal benefits under the
SSI and SSDI programs. 

(b)  Requires the council to identify and refer the appropriate offenders
served by the council to the contractor for assistance in establishing
eligibility for the SSI and SSDI programs.  Requires the council, when
identifying the appropriate offenders for referral, to target areas of this
state with low levels of applications for benefits under those programs and
low levels of approval of submitted applications.  Authorizes the council
to obtain assistance from the contractor in identifying appropriate
offenders.   

(c)  Authorizes the council to comply with Subsection (a) by entering into
a new contract or by participating in an existing contract between another
state agency and a contractor under which similar services are provided to
the state. 

SECTION 5.  Amends Subchapter C, Chapter 141, Human Resources Code, by
adding Section 141.0521, as follows: 

Sec. 141.0521.  ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME.  (a) Requires
the Texas Juvenile Probation Commission (commission) to enter into a
contract with a contractor to assist the commission in identifying children
in the juvenile justice system who may be eligible for federal benefits
under the SSI program, and assist potentially eligible children apply for
and establish eligibility under that program. 

(b)  Authorizes the commission to comply with this section by entering into
a new contract or by participating in an existing contract between a state
agency and a contractor under which similar services are provided to the
state. 

SECTION 6.  Amends Subchapter D, Chapter 301, Labor Code, by adding Section
301.068, as  follows: 
  
Sec. 301.068.  FEDERAL BENEFIT PROGRAMS.  (a)  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. 

(b)  Authorizes TWC to comply with this section by entering into a new
contract or by participating in an existing contract between another state
agency and a contractor under which similar services are provided to the
state. 

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