HBA-JRA S.B. 96 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 96 By: Moncrief Public Health 4/12/1999 Engrossed BACKGROUND AND PURPOSE Currently, the regulation of long-term care services is fragmented between the Texas Department of Health (TDH), which regulates home health agencies, and the Texas Department of Human Services (DHS), which regulates nursing homes. S.B. 96 transfers the licensing and regulation of home and community support services from TDH to DHS. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Department of Human Services and the secretary of state and that rulemaking authority previously delegated to the Texas Department of Health is modified in SECTION 1 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. (a) Transfers 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, from the Texas Department of Health (TDH) to the Texas Department of Human Services (DHS), on September 1, 2001, or an earlier date set by interagency agreement. (b) Transfers all related funds, obligations, and contracts from TDH to DHS, on September 1, 2001, or an earlier date set by interagency agreement. (c) Transfers all related property and records from TDH to DHS, on September 1, 2001, or an earlier date set by interagency agreement. (d) Transfers all employees who perform related duties from TDH to DHS, on September 1, 2001, or an earlier date set by interagency agreement. (e) Provides that a related rule or form adopted by TDH is a rule or form of DHS and remains in effect. Authorizes the secretary of state to adopt rules to expedite the transfer. (f) Provides that the transfer does not affect any action completed under former law. (g) Provides that an action that commenced prior to the effective date of this transfer is governed by existing law. (h) Provides that after the transfer a reference in law to TDH or the Texas Board of Health that relates to this licensing and regulation means DHS and the Texas Board of Human Services, respectively. SECTION 2. Provides that, notwithstanding Section 1 of this Act, if legislation creating a new state agency to regulate long-term care services is enacted by the 76th Legislature and becomes law, the functions listed in Subsection (a) of Section 1 of this Act are transferred from TDH to that agency. Requires that the transfer be accomplished in the manner provided by Section 1 of this Act, and references in that section to DHS are considered to be references to the new state agency for longterm care. SECTION 3.Emergency clause. Effective date: upon passage.