HBA-MPM S.B. 95 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 95 By: Moncrief Public Health 4/12/1999 Engrossed 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.