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.