HBA-MPM H.B. 966 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 966
By: Naishtat
Human Services
7/3/2001
Enrolled



BACKGROUND AND PURPOSE 

In the 1999, the United States Supreme Court ruled in L.C. and E.W. v.
Olmstead that states are required to provide community-based services for
disabled individuals if treatment professionals determine that it is
appropriate and the individual does not object to placement in the
community.  One of the barriers in achieving the transition from
institutional care to community-based services is that the funds budgeted
to serve a disabled individual do not follow the individual into the
community.  House Bill 966 requires the Health and Human Services
Commission to conduct a study of possible ways to allow funds to more
freely follow an individual from institutional care to community-based
services. 

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. 

ANALYSIS

House Bill 966 requires the Health and Human Services Commission (HHSC) to
study ways in which health and human services agencies may: 

_quantify the amount of money appropriated by the legislature spent to care
for a person receiving care in a state institution or an institution funded
in part by appropriated money; and  

_redirect all or part of that amount to one or more community-based
programs to provide community-based services in the event the person leaves
the institution to live in the community. 

The bill requires HHSC to consider advisable ways in which the money may be
redirected under existing law, if changes were made in the General
Appropriations Act and in general law.  The bill requires each health and
human services agency, upon request, to provide information to HHSC to
assist in performing the study.  The bill requires HHSC to report no later
than September 1, 2002 its conclusions and recommendations to the presiding
officer of each house of the legislature, the Senate Finance Committee, the
House Appropriations Committee, and the standing committee of each house
with primary jurisdiction over HHSC or a health and human services agency.
This Act expires June 1, 2003. 

EFFECTIVE DATE

September 1, 2001.