HBA-SEP S.B. 368 77(R) BILL ANALYSIS
Office of House Bill AnalysisS.B. 368
By: Zaffirini
Human Services
4/23/2001
Engrossed
BACKGROUND AND PURPOSE
Currently, there are more than 1,200 children under the age of 21 residing
in various Texas institutions, including intermediate care facilities for
people with mental retardation (ICF-MRs) and nursing homes. As an
alternative to institutionalization, permanency planning is a process
undertaken on behalf of children with developmental disabilities that
attempts to ensure that all children live with a family. Unfortunately,
the Children's Long-term Care Policy Council concluded that the absence of
standardized rules, regulations, and polices among health and human service
agencies present barriers to implementing sound permanency planning.
Furthermore, many institutions may not be aware of current permanency
planning requirements and may not know how to develop a permanency plan.
Senate Bill 368 requires the Health and Human Services Commission and other
agencies to develop uniform permanency planning procedures.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Health and Human Services
Commission in SECTION 1 (Section 531.159, Government Code) and SECTION 2 of
this bill.
ANALYSIS
Senate Bill 368 amends the Government Code to require the Health and Human
Services Commission (HHSC) and other appropriate health and human service
agencies (agencies) to develop uniform procedures regarding a permanency
plan for each child with a developmental disability younger than 22 years
of age in an institution in Texas. The bill requires the Department of
Protective and Regulatory Services (PRS) to develop a permanency plan for
each child for whom PRS has been appointed permanent managing conservator.
PRS is not required to develop a permanency plan under the provisions of
this bill for a child for whom PRS has been appointed temporary managing
conservator, but may incorporate the requirements of this bill into a
permanency plan developed for such a child for a permanency hearing.
The bill authorizes the Texas Department of Human Services (DHS), the Texas
Department of Mental Health and Mental Retardation (MHMR), and PRS to
delegate each department's duty to develop a permanency plan to a local
mental retardation authority or enter into a memorandum of understanding
with the local mental retardation authority to develop a permanency plan
for each child who is institutionalized or for whom institutionalized care
is sought, or contract with a private entity, other than an entity that
provides mental retardation services to such a child, to develop a
permanency plan for that child, or engage in other activities to minimize
the potential conflicts of interest that may exist or arise between the
child's mental retardation services provider and the best interest of the
child. The bill requires an agency that contracts with a private entity to
develop a permanency plan to ensure that the entity is provided training in
permanency planning and the available resources to assist a child in an
institution in making a successful transition to a community-based
residence (Sec.531.153).
C.S.H.B. 2717 sets forth notification procedures regarding the initial
placement of a child in an institution (Secs. 531.154 and 531.155). The
bill requires DHS or MHMR, as appropriate, to designate a person to serve
as a volunteer advocate for a child residing in an institution to assist in
developing a permanency plan for the child if the child's parent or
guardian requests the assistance, or the institution in which the child is
placed cannot locate the child's parent or guardian. The bill sets forth
provisions regarding who may serve as an advocate, and requires DHS or
MHMR, as appropriate, to provide each advocate with information regarding
permanency planning (Sec. 531.156).
The bill requires a state agency that receives notice of a child's
placement in an institution to ensure that the child is also placed on a
waiting list for Medicaid waiver program services on or before the third
day after the date the agency is notified of the child's placement in the
institution (Sec. 531.157).
HHSC and each appropriate health and human services agency shall require a
person who develops a permanency plan for a child residing in an
institution to identify and document in the child's permanency plan all
ongoing planning efforts at least semiannually. The bill provides that the
chief executive officer of each agency or the officer's designee (CEO) must
approve the placement of a child in an institution. The initial placement
of the child in the institution is temporary and may not exceed six months,
unless the CEO approves of another six-month extension. The child may
continue to reside in the institution only if the CEO reviews the case and
recommends continued placement every six months and the commissioner of
health and human services (commissioner) approves of the extension. The
bill requires the commissioner to conduct a semiannual review of data
received from health and human services agencies regarding all
institutionalized children. The commissioner or a person with whom the
commissioner contracts is required to review the recommendations of an
agency's CEO. The commissioner and each appropriate agency are required to
begin conducting the reviews no later than March 1, 2002 and the bill
requires the commission, by rule, to develop procedures by which to conduct
the reviews (Sec. 531.159 and SECTION 4).
The bill requires each agency or the agency's designee to determine the
extent to which a nursing home, institution, or ICF-MR is complying with
the permanency planning requirements as a part of each inspection, survey,
or investigation of those institutions (Sec. 531.160). The bill requires
each institution in which a child resides to allow the commission and
appropriate health and human services agencies access to the child's
records to assist the commission or agency in complying with the
requirements of this bill (Sec. 531.161).
The bill requires the commissioner to submit a semiannual report to the
governor and the committees of each house of the legislature that have
primary oversight jurisdiction over the health and human services agencies
regarding permanency planning efforts and specifies the content of the
report (Sec. 531.162). The bill requires the commissioner to conduct a
study regarding the method of reimbursement provided for permanency
planning activities and modify it as necessary to enhance those activities
to support the development of permanency plans (SECTION 2).
The provisions of this bill do not affect responsibilities imposed by
federal or other state law on a physician or other professional (Sec.
531.163).
C.S.H.B. 2717 amends the Health and Safety Code to repeal existing
provisions regarding permanency planing for children placed in a
convalescent or nursing home or related institution (SECTION 3).
EFFECTIVE DATE
September 1, 2001.