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.