|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the continuation and functions of the Health and Human |
|
Services Commission and the provision of health and human services |
|
in this state. |
|
|
|
ARTICLE 1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM |
|
SECTION 1.01. (a) Chapter 531, Government Code, is amended |
|
by adding Subchapter A-1 to read as follows: |
|
SUBCHAPTER A-1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM |
|
Sec. 531.02001. CONSOLIDATION OF HEALTH AND HUMAN SERVICES |
|
SYSTEM GENERALLY. In accordance with this subchapter, the |
|
functions of each state agency and entity subject to abolition |
|
under Section 531.0202 are consolidated in the commission through a |
|
two-phase transfer of those functions under which: |
|
(1) the initial transfers required under Section |
|
531.0201 occur: |
|
(A) on or after September 1, 2015; and |
|
(B) not later than September 1, 2016; and |
|
(2) the final transfers required under Section |
|
531.02011 occur: |
|
(A) on or after September 1, 2018; and |
|
(B) not later than September 1, 2019. |
|
Sec. 531.02002. MEANING OF FUNCTION IN RELATION TO |
|
TRANSFERS. For purposes of the transfers mandated by this |
|
subchapter, "function" includes a power, duty, program, or activity |
|
of a state agency or entity. |
|
Sec. 531.0201. PHASE ONE: INITIAL TRANSFERS TO COMMISSION. |
|
On the dates specified in the transition plan required under |
|
Section 531.0204, the functions of each state agency or entity |
|
subject to abolition under Section 531.0202, other than the |
|
functions that will be transferred under Section 531.02011, are |
|
transferred to the commission as provided by this subchapter. |
|
Sec. 531.02011. PHASE TWO: FINAL TRANSFERS TO COMMISSION. |
|
On the dates specified in the transition plan required under |
|
Section 531.0204, the following functions are transferred to the |
|
commission as provided by this subchapter: |
|
(1) the functions of the Department of Family and |
|
Protective Services related to the following: |
|
(A) child protective services, including |
|
services that are required by federal law to be provided by this |
|
state's child welfare agency; and |
|
(B) adult protective services, other than |
|
investigations of the alleged abuse, neglect, or exploitation of an |
|
elderly person or person with a disability: |
|
(i) in a facility operated or in a facility |
|
or by a person licensed, certified, or registered by a state agency; |
|
or |
|
(ii) by a provider that has contracted to |
|
provide home and community-based services; and |
|
(2) the public health functions of the Department of |
|
State Health Services, including health care data collection and |
|
maintenance of the Texas Health Care Information Collection |
|
program. |
|
Sec. 531.02012. RELATED TRANSFERS; EFFECT OF |
|
CONSOLIDATION. (a) All of the following that relate to a function |
|
that is transferred under Section 531.0201 or 531.02011 are |
|
transferred to the commission on the date the related function is |
|
transferred as specified in the transition plan required under |
|
Section 531.0204: |
|
(1) all obligations and contracts; |
|
(2) all property and records in the custody of the |
|
state agency or entity from which the function is transferred; |
|
(3) all funds appropriated by the legislature; and |
|
(4) all complaints, investigations, or contested |
|
cases that are pending before the state agency or entity from which |
|
the function is transferred or a governing person or entity of the |
|
state agency or entity, without change in status. |
|
(b) A rule, policy, or form adopted by or on behalf of a |
|
state agency or entity subject to abolition under Section 531.0202 |
|
that relates to a function that is transferred under Section |
|
531.0201 or 531.02011 becomes a rule, policy, or form of the |
|
commission upon transfer of the related function and remains in |
|
effect: |
|
(1) until altered by the commission; or |
|
(2) unless it conflicts with a rule, policy, or form of |
|
the commission. |
|
(c) A license, permit, or certification in effect that was |
|
issued by a state agency or entity subject to abolition under |
|
Section 531.0202 is continued in effect as a license, permit, or |
|
certification of the commission upon transfer of the function to |
|
which the license, permit, or certification relates until the |
|
license, permit, or certification expires, is suspended or revoked, |
|
or otherwise becomes invalid. |
|
Sec. 531.0202. ABOLITION OF STATE AGENCIES AND ENTITIES. |
|
(a) Each of the following state agencies and entities is abolished |
|
on a date that is within the period prescribed by Section |
|
531.02001(1), that is specified in the transition plan required |
|
under Section 531.0204 for the abolition of the state agency or |
|
entity, and that occurs after all of the state agency's or entity's |
|
functions have been transferred to the commission in accordance |
|
with Section 531.0201: |
|
(1) the Department of Aging and Disability Services; |
|
(2) the Department of Assistive and Rehabilitative |
|
Services; |
|
(3) the Health and Human Services Council; |
|
(4) the Aging and Disability Services Council; |
|
(5) the Assistive and Rehabilitative Services |
|
Council; |
|
(6) the Family and Protective Services Council; |
|
(7) the State Health Services Council; |
|
(8) the Office for the Prevention of Developmental |
|
Disabilities; and |
|
(9) the Texas Council on Autism and Pervasive |
|
Developmental Disorders. |
|
(b) Each of the following state agencies is abolished on a |
|
date that is within the period prescribed by Section 531.02001(2), |
|
that is specified in the transition plan required under Section |
|
531.0204 for the abolition of the state agency or entity, and that |
|
occurs after all of the state agency's or entity's functions have |
|
been transferred to the commission in accordance with Sections |
|
531.0201 and 531.02011: |
|
(1) the Department of Family and Protective Services; |
|
and |
|
(2) the Department of State Health Services. |
|
(c) The abolition of a state agency or entity listed in |
|
Subsection (a) or (b) and the transfer of its functions and related |
|
obligations, rights, contracts, records, property, and funds to the |
|
commission as provided by this subchapter do not affect or impair an |
|
act done, any obligation, right, order, permit, certificate, rule, |
|
criterion, standard, or requirement existing, or any penalty |
|
accrued under former law, and that law remains in effect for any |
|
action concerning those matters. |
|
Sec. 531.0203. HEALTH AND HUMAN SERVICES TRANSITION |
|
LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section, |
|
"committee" means the Health and Human Services Transition |
|
Legislative Oversight Committee established under this section. |
|
(b) The Health and Human Services Transition Legislative |
|
Oversight Committee is created to facilitate the transfer of |
|
functions from the state agencies and entities subject to abolition |
|
under Section 531.0202 to the commission as provided by this |
|
subchapter with a minimal negative effect on the delivery of |
|
services provided by those state agencies and entities. |
|
(c) The committee is composed of 11 voting members, as |
|
follows: |
|
(1) four members of the senate, appointed by the |
|
lieutenant governor; |
|
(2) four members of the house of representatives, |
|
appointed by the speaker of the house of representatives; and |
|
(3) three members of the public, appointed by the |
|
governor. |
|
(d) The executive commissioner serves as an ex officio, |
|
nonvoting member of the committee. |
|
(e) A member of the committee serves at the pleasure of the |
|
appointing official. |
|
(f) The lieutenant governor and the speaker of the house of |
|
representatives shall each designate a presiding co-chair from |
|
among their respective appointments. |
|
(g) A member of the committee may not receive compensation |
|
for serving on the committee but is entitled to reimbursement for |
|
travel expenses incurred by the member while conducting the |
|
business of the committee as provided by the General Appropriations |
|
Act. |
|
(h) The committee shall: |
|
(1) facilitate the transfer of functions from the |
|
state agencies and entities subject to abolition under Section |
|
531.0202 to the commission as provided by this subchapter with a |
|
minimal negative effect on the delivery of services provided by |
|
those agencies and entities; |
|
(2) with assistance from the commission and the state |
|
agencies and entities subject to abolition under Section 531.0202, |
|
advise the executive commissioner concerning: |
|
(A) the functions to be transferred under this |
|
subchapter and the funds and obligations that are related to the |
|
functions; |
|
(B) the transfer of the functions and related |
|
records, property, funds, and obligations by the state agencies and |
|
entities as provided by this subchapter; and |
|
(C) the reorganization of the commission's |
|
administrative structure in accordance with this subchapter, |
|
Sections 531.0055, 531.00561, 531.00562, and 531.008, and other |
|
provisions enacted by the 84th Legislature that become law; and |
|
(3) meet: |
|
(A) during the period between the establishment |
|
of the committee and December 31, 2016, at least quarterly at the |
|
call of either chair, in addition to meeting at other times as |
|
determined appropriate by either chair; |
|
(B) during the period between January 1, 2017, |
|
and December 31, 2019, at least semiannually at the call of either |
|
chair, in addition to meeting at other times as determined |
|
appropriate by either chair; and |
|
(C) during the period between January 1, 2020, |
|
and August 31, 2023, at least annually at the call of either chair, |
|
in addition to meeting at other times as determined appropriate by |
|
either chair. |
|
(i) Chapter 551 applies to the committee. |
|
(j) The committee shall submit a report to the governor, |
|
lieutenant governor, and speaker of the house of representatives |
|
not later than December 1 of each even-numbered year. The report |
|
must include an update on the progress of and issues related to: |
|
(1) the transfer of functions from the state agencies |
|
and entities subject to abolition under Section 531.0202 to the |
|
commission as provided by this subchapter; and |
|
(2) the reorganization of the commission's |
|
administrative structure in accordance with this subchapter, |
|
Sections 531.0055, 531.00561, 531.00562, and 531.008, and other |
|
provisions enacted by the 84th Legislature that become law. |
|
(k) The committee is abolished September 1, 2023. |
|
Sec. 531.0204. TRANSITION AND WORK PLAN FOR IMPLEMENTATION |
|
OF CONSOLIDATION. (a) The transfers of functions under Sections |
|
531.0201 and 531.02011 to the commission must be accomplished in |
|
accordance with a transition plan developed by the executive |
|
commissioner. The transition plan must: |
|
(1) include an outline of the commission's reorganized |
|
structure, including its divisions, in accordance with this |
|
subchapter, Sections 531.00561, 531.00562, and 531.008, and other |
|
provisions enacted by the 84th Legislature that become law; and |
|
(2) include a broad plan and schedule that, subject to |
|
the periods prescribed by Section 531.02001, specify the dates on |
|
which: |
|
(A) the transfers under Sections 531.0201 and |
|
531.02011 are to be made; |
|
(B) each state agency or entity subject to |
|
abolition under Section 531.0202 is abolished; and |
|
(C) each division of the commission is created |
|
and the division's director is appointed. |
|
(b) In developing the transition plan, the executive |
|
commissioner shall hold public hearings in various geographic areas |
|
in this state before submitting the plan to the Health and Human |
|
Services Transition Legislative Oversight Committee, the governor, |
|
and the Legislative Budget Board as required by Subsection (d). |
|
(c) Within the periods prescribed by Section 531.02001, the |
|
commission shall begin administering the respective functions |
|
assigned to the commission under Sections 531.0201 and 531.02011, |
|
as applicable. The assumption of the administration of the |
|
functions must be accomplished in accordance with a detailed work |
|
plan designed by the commission to ensure that the transfer and |
|
provision of health and human services in this state are |
|
accomplished in a careful and deliberative manner. The work plan |
|
must include details regarding the movement and specific timelines |
|
for the transfer of functions performed by the state agencies and |
|
entities subject to abolition under Section 531.0202 to the |
|
commission under this subchapter. |
|
(d) The executive commissioner shall submit the transition |
|
plan and the work plan to the Health and Human Services Transition |
|
Legislative Oversight Committee, the governor, and the Legislative |
|
Budget Board not later than December 1, 2015. The committee shall |
|
comment on and make recommendations to the executive commissioner |
|
regarding any concerns or adjustments to the transition plan the |
|
committee determines appropriate. The executive commissioner may |
|
not finalize any transition or work plan until the executive |
|
commissioner has reviewed and considered the comments and |
|
recommendations of the committee regarding the transition plan. |
|
(e) The executive commissioner shall publish in the Texas |
|
Register: |
|
(1) the transition plan developed under this section; |
|
(2) any adjustments to the transition plan recommended |
|
by the Health and Human Services Transition Legislative Oversight |
|
Committee; |
|
(3) whether the executive commissioner adopted or |
|
otherwise incorporated the recommended adjustments; and |
|
(4) if the executive commissioner did not adopt a |
|
recommended adjustment, the justification for not adopting the |
|
adjustment. |
|
Sec. 531.0205. APPLICABILITY OF FORMER LAW. An action |
|
brought or proceeding commenced before the date of a transfer |
|
prescribed by this subchapter in accordance with the transition |
|
plan required under Section 531.0204, including a contested case or |
|
a remand of an action or proceeding by a reviewing court, is |
|
governed by the laws and rules applicable to the action or |
|
proceeding before the transfer. |
|
Sec. 531.0206. LIMITED-SCOPE SUNSET REVIEW. (a) The |
|
Sunset Advisory Commission shall conduct a limited-scope review of |
|
the commission during the state fiscal biennium ending August 31, |
|
2023, in the manner provided by Chapter 325 (Texas Sunset Act). The |
|
review must provide: |
|
(1) an update on the commission's progress with |
|
respect to the consolidation of the health and human services |
|
system mandated by this subchapter, including the commission's |
|
compliance with the transition and work plans required under |
|
Section 531.0204; and |
|
(2) any additional information the Sunset Advisory |
|
Commission determines appropriate, including information regarding |
|
any additional organizational changes the Sunset Advisory |
|
Commission recommends. |
|
(b) The commission is not abolished solely because the |
|
commission is not explicitly continued following the review |
|
required by this section. |
|
Sec. 531.0207. EXPIRATION OF SUBCHAPTER. This subchapter |
|
expires September 1, 2023. |
|
(b) Not later than October 1, 2015: |
|
(1) the lieutenant governor, the speaker of the house |
|
of representatives, and the governor shall make the appointments to |
|
the Health and Human Services Transition Legislative Oversight |
|
Committee as required by Section 531.0203(c), Government Code, as |
|
added by this article; and |
|
(2) the lieutenant governor and the speaker of the |
|
house of representatives shall each designate a presiding co-chair |
|
of the Health and Human Services Transition Legislative Oversight |
|
Committee in accordance with Section 531.0203(f), Government Code, |
|
as added by this article. |
|
(c) As soon as appropriate under the consolidation under |
|
Subchapter A-1, Chapter 531, Government Code, as added by this |
|
article, and in a manner that minimizes disruption of services, the |
|
Health and Human Services Commission shall take appropriate action |
|
to be designated as the state agency responsible under federal law |
|
for any state or federal program for which federal law requires the |
|
designation of a responsible state agency and for which an agency |
|
subject to abolition under Section 531.0202, Government Code, as |
|
added by this article, is responsible. |
|
(d) Notwithstanding Section 531.0201, Government Code, as |
|
added by this article, a power, duty, program, function, or |
|
activity of the Department of Assistive and Rehabilitative Services |
|
may not be transferred to the Health and Human Services Commission |
|
under that section if: |
|
(1) H.B. No. 3294 or S.B. No. 208, 84th Legislature, |
|
Regular Session, 2015, or similar legislation of the 84th |
|
Legislature, Regular Session, 2015, is enacted, becomes law, and |
|
provides for the transfer of the power, duty, program, function, or |
|
activity to the Texas Workforce Commission subject to receipt of |
|
any necessary federal approval or other authorization for the |
|
transfer to occur; and |
|
(2) the Department of Assistive and Rehabilitative |
|
Services or the Texas Workforce Commission receives the necessary |
|
federal approval or other authorization to enable the transfer to |
|
occur not later than September 1, 2016. |
|
(e) If neither the Department of Assistive and |
|
Rehabilitative Services nor the Texas Workforce Commission |
|
receives the federal approval or other authorization described by |
|
Subsection (d) of this section to enable the transfer of the power, |
|
duty, program, function, or activity to the Texas Workforce |
|
Commission to occur not later than September 1, 2016, as provided by |
|
the legislation described by Subsection (d) of this section, the |
|
power, duty, program, function, or activity of the Department of |
|
Assistive and Rehabilitative Services transfers to the Health and |
|
Human Services Commission in accordance with Section 531.0201, |
|
Government Code, as added by this article, and the transition plan |
|
required under Section 531.0204, Government Code, as added by this |
|
article. |
|
SECTION 1.02. Subchapter A, Chapter 531, Government Code, |
|
is amended by adding Sections 531.0011 and 531.0012 to read as |
|
follows: |
|
Sec. 531.0011. REFERENCES IN LAW MEANING COMMISSION OR |
|
APPROPRIATE DIVISION. (a) In this code or in any other law, a |
|
reference to any of the following state agencies or entities in |
|
relation to a function transferred under Section 531.0201 or |
|
531.02011, as applicable, means the commission or the division of |
|
the commission performing the function previously performed by the |
|
state agency or entity before the transfer, as appropriate: |
|
(1) health and human services agency; |
|
(2) the Department of State Health Services; |
|
(3) the Department of Aging and Disability Services; |
|
(4) the Department of Family and Protective Services; |
|
or |
|
(5) the Department of Assistive and Rehabilitative |
|
Services. |
|
(b) In this code or in any other law and notwithstanding any |
|
other law, a reference to any of the following state agencies or |
|
entities in relation to a function transferred under Section |
|
531.0201 or 531.02011, as applicable, from the state agency that |
|
assumed the relevant function in accordance with Chapter 198 (H.B. |
|
2292), Acts of the 78th Legislature, Regular Session, 2003, means |
|
the commission or the division of the commission performing the |
|
function previously performed by the agency that assumed the |
|
function before the transfer, as appropriate: |
|
(1) the Texas Department on Aging; |
|
(2) the Texas Commission on Alcohol and Drug Abuse; |
|
(3) the Texas Commission for the Blind; |
|
(4) the Texas Commission for the Deaf and Hard of |
|
Hearing; |
|
(5) the Texas Department of Health; |
|
(6) the Texas Department of Human Services; |
|
(7) the Texas Department of Mental Health and Mental |
|
Retardation; |
|
(8) the Texas Rehabilitation Commission; |
|
(9) the Texas Health Care Information Council; or |
|
(10) the Interagency Council on Early Childhood |
|
Intervention. |
|
(c) In this code or in any other law and notwithstanding any |
|
other law, a reference to the Department of Protective and |
|
Regulatory Services in relation to a function transferred under |
|
Section 531.0201 or 531.02011, as applicable, from the Department |
|
of Family and Protective Services means the commission or the |
|
division of the commission performing the function previously |
|
performed by the Department of Family and Protective Services |
|
before the transfer. |
|
(d) This section applies notwithstanding Section |
|
531.001(4). This subsection and Section 531.001(4) expire on the |
|
last day of the period prescribed by Section 531.02001(2). |
|
Sec. 531.0012. REFERENCES IN LAW MEANING EXECUTIVE |
|
COMMISSIONER OR DESIGNEE. (a) In this code or in any other law, a |
|
reference to any of the following persons in relation to a function |
|
transferred under Section 531.0201 or 531.02011, as applicable, |
|
means the executive commissioner, the executive commissioner's |
|
designee, or the director appointed under Section 531.00561 of the |
|
division of the commission performing the function previously |
|
performed by the state agency from which it was transferred and that |
|
the person represented, as appropriate: |
|
(1) the commissioner of aging and disability services; |
|
(2) the commissioner of assistive and rehabilitative |
|
services; |
|
(3) the commissioner of state health services; or |
|
(4) the commissioner of the Department of Family and |
|
Protective Services. |
|
(b) In this code or in any other law and notwithstanding any |
|
other law, a reference to any of the following persons or entities |
|
in relation to a function transferred under Section 531.0201 or |
|
531.02011, as applicable, from the state agency that assumed or |
|
continued to perform the function in accordance with Chapter 198 |
|
(H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, |
|
means the executive commissioner or the director appointed under |
|
Section 531.00561 of the division of the commission performing the |
|
function performed before the enactment of Chapter 198 (H.B. 2292) |
|
by the state agency that was abolished or renamed by Chapter 198 |
|
(H.B. 2292) and that the person or entity represented: |
|
(1) an executive director or other chief |
|
administrative officer of a state agency listed in Section |
|
531.0011(b) or of the Department of Protective and Regulatory |
|
Services; or |
|
(2) the governing body of a state agency listed in |
|
Section 531.0011(b) or of the Department of Protective and |
|
Regulatory Services. |
|
(c) A reference to any of the following councils means the |
|
executive commissioner or the executive commissioner's designee, |
|
as appropriate, and a function of any of the following councils is a |
|
function of that appropriate person: |
|
(1) the Health and Human Services Council; |
|
(2) the State Health Services Council; |
|
(3) the Aging and Disability Services Council; |
|
(4) the Family and Protective Services Council; or |
|
(5) the Assistive and Rehabilitative Services |
|
Council. |
|
SECTION 1.03. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0051 to read as follows: |
|
Sec. 531.0051. HEALTH AND HUMAN SERVICES COMMISSION |
|
EXECUTIVE COUNCIL. (a) The Health and Human Services Commission |
|
Executive Council is established to receive public input and advise |
|
the executive commissioner regarding the operation of the |
|
commission. The council shall seek and receive public comment on: |
|
(1) proposed rules; |
|
(2) recommendations of advisory committees; |
|
(3) legislative appropriations requests or other |
|
documents related to the appropriations process; |
|
(4) the operation of health and human services |
|
programs; and |
|
(5) other items the executive commissioner determines |
|
appropriate. |
|
(a-1) The council shall also receive public input and advise |
|
the executive commissioner regarding the operation of the health |
|
and human services agencies. This subsection expires on the last |
|
day of the period prescribed by Section 531.02001(2). |
|
(b) The council does not have authority to make |
|
administrative or policy decisions. |
|
(c) The council is composed of: |
|
(1) the executive commissioner; |
|
(2) the director of each division established by the |
|
executive commissioner under Section 531.008(c); and |
|
(3) other individuals appointed by the executive |
|
commissioner as the executive commissioner determines necessary. |
|
(d) The executive commissioner serves as the chair of the |
|
council and shall adopt rules for the operation of the council. |
|
(e) Members of the council appointed under Subsection |
|
(c)(3) serve at the pleasure of the executive commissioner. |
|
(f) The council shall meet at the call of the executive |
|
commissioner at least quarterly. The executive commissioner may |
|
call additional meetings as the executive commissioner determines |
|
necessary. |
|
(g) The council shall give public notice of the date, time, |
|
and place of each meeting held by the council. A live video |
|
transmission of each meeting must be publicly available through the |
|
Internet. |
|
(h) A majority of the members of the council constitute a |
|
quorum for the transaction of business. |
|
(i) A council member appointed under Subsection (c)(3) may |
|
not receive compensation for service as a member of the council but |
|
is entitled to reimbursement for travel expenses incurred by the |
|
member while conducting the business of the council as provided by |
|
the General Appropriations Act. |
|
(j) The executive commissioner shall develop and implement |
|
policies that provide the public with a reasonable opportunity to |
|
appear before the council and to speak on any issue under the |
|
jurisdiction of the commission. |
|
(k) A meeting of individual members of the council that |
|
occurs in the ordinary course of commission operation is not a |
|
meeting of the council, and the requirements of Subsection (g) do |
|
not apply. |
|
(l) This section does not limit the authority of the |
|
executive commissioner to establish additional advisory committees |
|
or councils. |
|
(m) Chapters 551 and 2110 do not apply to the council. |
|
(b) As soon as possible after the executive commissioner of |
|
the Health and Human Services Commission appoints division |
|
directors in accordance with Section 531.00561, Government Code, as |
|
added by this article, the Health and Human Services Commission |
|
Executive Council established under Section 531.0051, Government |
|
Code, as added by this article, shall begin operation. |
|
SECTION 1.04. The heading to Section 531.0055, Government |
|
Code, is amended to read as follows: |
|
Sec. 531.0055. EXECUTIVE COMMISSIONER: GENERAL |
|
RESPONSIBILITY FOR HEALTH AND HUMAN SERVICES SYSTEM [AGENCIES]. |
|
SECTION 1.05. Section 531.0055, Government Code, is amended |
|
by amending Subsection (b), as amended by S.B. 219, Acts of the 84th |
|
Legislature, Regular Session, 2015, amending Subsections (d), (e), |
|
(f), (g), (h), and (l), and adding Subsection (n) to read as |
|
follows: |
|
(b) The commission shall: |
|
(1) supervise the administration and operation of |
|
Medicaid, including the administration and operation of the |
|
Medicaid managed care system in accordance with Section 531.021; |
|
(2) perform information systems planning and |
|
management for the health and human services system [agencies] |
|
under Section 531.0273, with: |
|
(A) the provision of information technology |
|
services for the [at] health and human services system [agencies] |
|
considered to be a centralized administrative support service |
|
either performed by commission personnel or performed under a |
|
contract with the commission; and |
|
(B) an emphasis on research and implementation on |
|
a demonstration or pilot basis of appropriate and efficient uses of |
|
new and existing technology to improve the operation of the health |
|
and human services system [agencies] and delivery of health and |
|
human services; |
|
(3) monitor and ensure the effective use of all |
|
federal funds received for the [by a] health and human services |
|
system [agency] in accordance with Section 531.028 and the General |
|
Appropriations Act; |
|
(4) implement Texas Integrated Enrollment Services as |
|
required by Subchapter F, except that notwithstanding Subchapter F, |
|
determining eligibility for benefits under the following programs |
|
is the responsibility of and must be centralized by the commission: |
|
(A) the child health plan program; |
|
(B) the financial assistance program under |
|
Chapter 31, Human Resources Code; |
|
(C) Medicaid; |
|
(D) the supplemental nutrition assistance |
|
program under Chapter 33, Human Resources Code; |
|
(E) long-term care services, as defined by |
|
Section 22.0011, Human Resources Code; |
|
(F) community-based support services identified |
|
or provided in accordance with Section 531.02481; and |
|
(G) other health and human services programs, as |
|
appropriate; and |
|
(5) implement programs intended to prevent family |
|
violence and provide services to victims of family violence. |
|
(d) After implementation of the commission's duties under |
|
Subsections (b) and (c), the commission shall implement the powers |
|
and duties given to the commission under Section 531.0248. Nothing |
|
in the priorities established by this section is intended to limit |
|
the authority of the commission to work simultaneously to achieve |
|
the multiple tasks assigned to the commission in this section, when |
|
such an approach is beneficial in the judgment of the commission. |
|
The commission shall plan and implement an efficient and effective |
|
centralized system of administrative support services for the |
|
health and human services system [agencies]. The performance of |
|
administrative support services for the health and human services |
|
system [agencies] is the responsibility of the commission. The |
|
term "administrative support services" includes, but is not limited |
|
to, strategic planning and evaluation, audit, legal, human |
|
resources, information resources, purchasing, contract management, |
|
financial management, and accounting services. |
|
(e) Notwithstanding any other law, the executive |
|
commissioner shall adopt rules and policies for the operation of |
|
and provision of health and human services by the health and human |
|
services system [agencies]. In addition, the executive |
|
commissioner, as necessary to perform the functions described by |
|
Subsections (b), (c), and (d) in implementation of applicable |
|
policies established for a health and human services system [an] |
|
agency or division, as applicable, by the executive commissioner, |
|
shall: |
|
(1) manage and direct the operations of each [health
|
|
and human services] agency or division, as applicable; |
|
(2) supervise and direct the activities of each agency |
|
or division director, as applicable; and |
|
(3) be responsible for the administrative supervision |
|
of the internal audit program for the [all] health and human |
|
services system agencies, if applicable, including: |
|
(A) selecting the director of internal audit; |
|
(B) ensuring that the director of internal audit |
|
reports directly to the executive commissioner; and |
|
(C) ensuring the independence of the internal |
|
audit function. |
|
(f) The operational authority and responsibility of the |
|
executive commissioner for purposes of Subsection (e) for [at] each |
|
health and human services system agency or division, as applicable, |
|
includes authority over and responsibility for the: |
|
(1) management of the daily operations of the agency |
|
or division, including the organization and management of the |
|
agency or division and its [agency] operating procedures; |
|
(2) allocation of resources within the agency or |
|
division, including use of federal funds received by the agency or |
|
division; |
|
(3) personnel and employment policies; |
|
(4) contracting, purchasing, and related policies, |
|
subject to this chapter and other laws relating to contracting and |
|
purchasing by a state agency; |
|
(5) information resources systems used by the agency |
|
or division; |
|
(6) location of [agency] facilities; and |
|
(7) coordination of agency or division activities with |
|
activities of other components of the health and human services |
|
system and state agencies[, including other health and human
|
|
services agencies]. |
|
(g) Notwithstanding any other law, the operational |
|
authority and responsibility of the executive commissioner for |
|
purposes of Subsection (e) for [at] each health and human services |
|
system agency or division, as applicable, includes the authority |
|
and responsibility to adopt or approve, subject to applicable |
|
limitations, any rate of payment or similar provision required by |
|
law to be adopted or approved by a health and human services system |
|
[the] agency. |
|
(h) For each health and human services system agency and |
|
division, as applicable, the executive commissioner shall |
|
implement a program to evaluate and supervise [the] daily |
|
operations [of the agency]. The program must include measurable |
|
performance objectives for each agency or division director and |
|
adequate reporting requirements to permit the executive |
|
commissioner to perform the duties assigned to the executive |
|
commissioner under this section. |
|
(l) Notwithstanding any other law, the executive |
|
commissioner has the authority to adopt policies and rules |
|
governing the delivery of services to persons who are served by the |
|
[each] health and human services system [agency] and the rights and |
|
duties of persons who are served or regulated by the system [each
|
|
agency]. |
|
(n) This subsection and Subsections (a), (i), and (k) expire |
|
on the last day of the period prescribed by Section 531.02001(2). |
|
SECTION 1.06. Section 531.00551, Government Code, as added |
|
by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) This section expires on the last day of the period |
|
prescribed by Section 531.02001(2). |
|
SECTION 1.07. Section 531.0056, Government Code, is amended |
|
by adding Subsections (g) and (h) to read as follows: |
|
(g) The requirements of this section apply with respect to a |
|
state agency listed in Section 531.001(4) only until the agency is |
|
abolished under Section 531.0202. |
|
(h) This section expires on the last day of the period |
|
prescribed by Section 531.02001(2). |
|
SECTION 1.08. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Sections 531.00561 and 531.00562 to read |
|
as follows: |
|
Sec. 531.00561. APPOINTMENT AND QUALIFICATIONS OF DIVISION |
|
DIRECTORS. (a) The executive commissioner shall appoint a |
|
director for each division established within the commission under |
|
Section 531.008. |
|
(b) The executive commissioner shall: |
|
(1) develop clear qualifications for the director of |
|
each division appointed under this section that ensure that an |
|
individual appointed director has: |
|
(A) demonstrated experience in fields relevant |
|
to the director position; and |
|
(B) executive-level administrative and |
|
leadership experience; and |
|
(2) ensure the qualifications developed under |
|
Subdivision (1) are publicly available. |
|
Sec. 531.00562. DIVISION DIRECTOR DUTIES. (a) The |
|
executive commissioner shall clearly define the duties and |
|
responsibilities of a division director appointed under Section |
|
531.00561, and develop clear policies for the delegation of |
|
specific decision-making authority, including budget authority, to |
|
division directors. |
|
(b) The delegation of decision-making authority should be |
|
significant enough to ensure the efficient administration of the |
|
commission's programs and services. |
|
(b) The executive commissioner of the Health and Human |
|
Services Commission shall implement Sections 531.00561 and |
|
531.00562, Government Code, as added by this article, on the date |
|
specified in the transition plan required under Section 531.0204, |
|
Government Code, as added by this article. |
|
SECTION 1.09. (a) Section 531.008, Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
Sec. 531.008. DIVISIONS OF COMMISSION. (a) The [Subject
|
|
to Subsection (c), the] executive commissioner shall [may] |
|
establish divisions within the commission along functional lines as |
|
necessary for effective administration and for the discharge of the |
|
commission's functions. |
|
(b) The [Subject to Subsection (c), the] executive |
|
commissioner may allocate and reallocate functions among the |
|
commission's divisions. |
|
(c) Notwithstanding Subsections (a) and (b), the [The] |
|
executive commissioner shall establish the following divisions and |
|
offices within the commission: |
|
(1) a medical and social services division [the
|
|
eligibility services division to make eligibility determinations
|
|
for services provided through the commission or a health and human
|
|
services agency related to:
|
|
[(A) the child health plan program;
|
|
[(B)
the financial assistance program under
|
|
Chapter 31, Human Resources Code;
|
|
[(C) Medicaid;
|
|
[(D)
the supplemental nutrition assistance
|
|
program under Chapter 33, Human Resources Code;
|
|
[(E)
long-term care services, as defined by
|
|
Section 22.0011, Human Resources Code;
|
|
[(F)
community-based support services identified
|
|
or provided in accordance with Section 531.02481; and
|
|
[(G)
other health and human services programs, as
|
|
appropriate]; |
|
(2) the office of inspector general to perform fraud |
|
and abuse investigation and enforcement functions as provided by |
|
Subchapter C and other law; |
|
(3) a regulatory division [the office of the ombudsman
|
|
to:
|
|
[(A)
provide dispute resolution services for the
|
|
commission and the health and human services agencies; and
|
|
[(B)
perform consumer protection functions
|
|
related to health and human services]; |
|
(4) an administrative division [a purchasing division
|
|
as provided by Section 531.017]; and |
|
(5) a facilities division for the purpose of |
|
administering state facilities, including state hospitals and |
|
state-supported living centers [an internal audit division to
|
|
conduct a program of internal auditing in accordance with Chapter
|
|
2102]. |
|
(d) Subsection (c) does not prohibit the executive |
|
commissioner from establishing additional divisions under |
|
Subsection (a) as the executive commissioner determines |
|
appropriate. This subsection and Subsection (c) expire September |
|
1, 2023. |
|
(b) The executive commissioner of the Health and Human |
|
Services Commission shall establish divisions within the |
|
commission as required under Section 531.008, Government Code, as |
|
amended by this article, on the date specified in the transition |
|
plan required under Section 531.0204, Government Code, as added by |
|
this article. |
|
SECTION 1.10. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0083 to read as follows: |
|
Sec. 531.0083. OFFICE OF POLICY AND PERFORMANCE. (a) In |
|
this section, "office" means the office of policy and performance |
|
established by this section. |
|
(b) The executive commissioner shall establish the office |
|
of policy and performance as an executive-level office designed to |
|
coordinate policy and performance efforts across the health and |
|
human services system. To coordinate those efforts, the office |
|
shall: |
|
(1) develop a performance management system; |
|
(2) take the lead in supporting and providing |
|
oversight for the implementation of major policy changes and in |
|
managing organizational changes; and |
|
(3) act as a centralized body of experts within the |
|
commission that offers program evaluation and process improvement |
|
expertise. |
|
(c) In developing a performance management system under |
|
Subsection (b)(1), the office shall: |
|
(1) gather, measure, and evaluate performance |
|
measures and accountability systems used by the health and human |
|
services system; |
|
(2) develop new and refined performance measures as |
|
appropriate; and |
|
(3) establish targeted, high-level system metrics |
|
that are capable of measuring and communicating overall performance |
|
and achievement of goals by the health and human services system to |
|
both internal and public audiences through various mechanisms, |
|
including the Internet. |
|
(d) In providing support and oversight for the |
|
implementation of policy or organizational changes within the |
|
health and human services system under Subsection (b)(2), the |
|
office shall: |
|
(1) ensure individuals receiving services from or |
|
participating in programs administered through the health and human |
|
services system do not lose visibility or attention during the |
|
implementation of any new policy or organizational change by: |
|
(A) establishing timelines and milestones for |
|
any transition; |
|
(B) supporting staff of the health and human |
|
services system in any change between service delivery methods; and |
|
(C) providing feedback to executive management |
|
on technical assistance and other support needed to achieve a |
|
successful transition; |
|
(2) address cultural differences among staff of the |
|
health and human services system; and |
|
(3) track and oversee changes in policy or |
|
organization mandated by legislation or administrative rule. |
|
(e) In acting as a centralized body of experts under |
|
Subsection (b)(3), the office shall: |
|
(1) for the health and human services system, provide |
|
program evaluation and process improvement guidance both generally |
|
and for specific projects identified with executive or stakeholder |
|
input or through risk analysis; and |
|
(2) identify and monitor cross-functional efforts |
|
involving different administrative components within the health |
|
and human services system and the establishment of cross-functional |
|
teams when necessary to improve the coordination of services |
|
provided through the system. |
|
(f) The executive commissioner may otherwise develop the |
|
office's structure and duties as the executive commissioner |
|
determines appropriate. |
|
(b) As soon as practicable after the effective date of this |
|
article but not later than October 1, 2015, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
establish the office of policy and performance as an executive |
|
office within the commission as required under Section 531.0083, |
|
Government Code, as added by this article. |
|
(c) The office of policy and performance required under |
|
Section 531.0083, Government Code, as added by this article, shall |
|
assist the Health and Human Services Transition Legislative |
|
Oversight Committee created under Section 531.0203, Government |
|
Code, as added by this article, by performing the functions |
|
required of the office under Section 531.0083(b)(2), Government |
|
Code, as added by this article, with respect to the consolidation |
|
mandated by Subchapter A-1, Chapter 531, Government Code, as added |
|
by this article. |
|
SECTION 1.11. Section 531.017, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.017. PURCHASING UNIT [DIVISION]. (a) The |
|
commission shall establish a purchasing unit [division] for the |
|
management of administrative activities related to the purchasing |
|
functions within [of the commission and] the health and human |
|
services system [agencies]. |
|
(b) The purchasing unit [division] shall: |
|
(1) seek to achieve targeted cost reductions, increase |
|
process efficiencies, improve technological support and customer |
|
services, and enhance purchasing support within the [for each] |
|
health and human services system [agency]; and |
|
(2) if cost-effective, contract with private entities |
|
to perform purchasing functions for the [commission and the] health |
|
and human services system [agencies]. |
|
SECTION 1.12. (a) Sections 40.0515(d) and (e), Human |
|
Resources Code, are amended to read as follows: |
|
(d) A performance review conducted under Subsection (b)(3) |
|
is considered a performance evaluation for purposes of Section |
|
40.032(c) of this code or Section 531.009(c), Government Code, as |
|
applicable. The department shall ensure that disciplinary or other |
|
corrective action is taken against a supervisor or other managerial |
|
employee who is required to conduct a performance evaluation for |
|
adult protective services personnel under Section 40.032(c) of this |
|
code or Section 531.009(c), Government Code, as applicable, or a |
|
performance review under Subsection (b)(3) and who fails to |
|
complete that evaluation or review in a timely manner. |
|
(e) The annual performance evaluation required under |
|
Section 40.032(c) of this code or Section 531.009(c), Government |
|
Code, as applicable, of the performance of a supervisor in the adult |
|
protective services division must: |
|
(1) be performed by an appropriate program |
|
administrator; and |
|
(2) include: |
|
(A) an evaluation of the supervisor with respect |
|
to the job performance standards applicable to the supervisor's |
|
assigned duties; and |
|
(B) an evaluation of the supervisor with respect |
|
to the compliance of employees supervised by the supervisor with |
|
the job performance standards applicable to those employees' |
|
assigned duties. |
|
(b) Effective September 1, 2019, Sections 40.0515(d) and |
|
(e), Human Resources Code, are amended to read as follows: |
|
(d) A performance review conducted under Subsection (b)(3) |
|
is considered a performance evaluation for purposes of Section |
|
531.009(c), Government Code [40.032(c)]. The department shall |
|
ensure that disciplinary or other corrective action is taken |
|
against a supervisor or other managerial employee who is required |
|
to conduct a performance evaluation for adult protective services |
|
personnel under Section 531.009(c), Government Code, [40.032(c)] |
|
or a performance review under Subsection (b)(3) and who fails to |
|
complete that evaluation or review in a timely manner. |
|
(e) The annual performance evaluation required under |
|
Section 531.009(c), Government Code, [40.032(c)] of the |
|
performance of a supervisor in the adult protective services |
|
division must: |
|
(1) be performed by an appropriate program |
|
administrator; and |
|
(2) include: |
|
(A) an evaluation of the supervisor with respect |
|
to the job performance standards applicable to the supervisor's |
|
assigned duties; and |
|
(B) an evaluation of the supervisor with respect |
|
to the compliance of employees supervised by the supervisor with |
|
the job performance standards applicable to those employees' |
|
assigned duties. |
|
SECTION 1.13. (a) The heading to Subchapter C, Chapter |
|
112, Human Resources Code, is amended to read as follows: |
|
SUBCHAPTER C. [OFFICE FOR THE] PREVENTION OF DEVELOPMENTAL |
|
DISABILITIES |
|
(b) Section 112.042, Human Resources Code, is amended by |
|
amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to |
|
read as follows: |
|
(1) "Commission" means the Health and Human Services |
|
Commission. |
|
(1-a) "Developmental disability" means a severe, |
|
chronic disability that: |
|
(A) is attributable to a mental or physical |
|
impairment or to a combination of a mental and physical impairment; |
|
(B) is manifested before a person reaches the age |
|
of 22; |
|
(C) is likely to continue indefinitely; |
|
(D) results in substantial functional |
|
limitations in three or more major life activities, including: |
|
(i) self-care; |
|
(ii) receptive and expressive language; |
|
(iii) learning; |
|
(iv) mobility; |
|
(v) self-direction; |
|
(vi) capacity for independent living; and |
|
(vii) economic sufficiency; and |
|
(E) reflects the person's needs for a combination |
|
and sequence of special interdisciplinary or generic care, |
|
treatment, or other lifelong or extended services that are |
|
individually planned and coordinated. |
|
(1-b) "Executive commissioner" means the executive |
|
commissioner of the Health and Human Services Commission. |
|
(c) Subchapter C, Chapter 112, Human Resources Code, is |
|
amended by adding Sections 112.0421 and 112.0431 to read as |
|
follows: |
|
Sec. 112.0421. APPLICABILITY AND EXPIRATION OF CERTAIN |
|
PROVISIONS. (a) Sections 112.041(a), 112.043, 112.045, 112.0451, |
|
112.0452, 112.0453, 112.0454, 112.046, 112.047, 112.0471, and |
|
112.0472 apply only until the date the executive commissioner |
|
begins to administer this subchapter and the commission assumes the |
|
duties and functions of the Office for the Prevention of |
|
Developmental Disabilities in accordance with Section 112.0431. |
|
(b) On the date the provisions listed in Subsection (a) |
|
cease to apply, the executive committee under Section 112.045 and |
|
the board of advisors under Section 112.046 are abolished. |
|
(c) This section and Sections 112.041(a), 112.043, 112.045, |
|
112.0451, 112.0452, 112.0453, 112.0454, 112.046, 112.047, |
|
112.0471, and 112.0472 expire on the last day of the period |
|
prescribed by Section 531.02001(1), Government Code. |
|
Sec. 112.0431. ADMINISTRATION OF SUBCHAPTER; CERTAIN |
|
REFERENCES. (a) Notwithstanding any other provision in this |
|
subchapter, the executive commissioner shall administer this |
|
subchapter beginning on the date specified in the transition plan |
|
under Section 531.0204, Government Code, and the commission shall |
|
perform the duties and functions of the Office for the Prevention of |
|
Developmental Disabilities in the organizational form the |
|
executive commissioner determines appropriate. |
|
(b) Following the assumption of the administration of this |
|
subchapter by the executive commissioner and the duties and |
|
functions by the commission in accordance with Subsection (a): |
|
(1) a reference in this subchapter to the office, the |
|
Office for the Prevention of Developmental Disabilities, or the |
|
executive committee of that office means the commission, the |
|
division or other organizational unit within the commission |
|
designated by the executive commissioner, or the executive |
|
commissioner, as appropriate; and |
|
(2) a reference in any other law to the Office for the |
|
Prevention of Developmental Disabilities has the meaning assigned |
|
by Subdivision (1). |
|
(d) Section 112.044, Human Resources Code, is amended to |
|
read as follows: |
|
Sec. 112.044. DUTIES. The office shall: |
|
(1) educate the public and attempt to promote sound |
|
public policy regarding the prevention of developmental |
|
disabilities; |
|
(2) identify, collect, and disseminate information |
|
and data concerning the causes, frequency of occurrence, and |
|
preventability of developmental disabilities; |
|
(3) work with appropriate divisions within the |
|
commission, state agencies, and other entities to develop a |
|
coordinated long-range plan to effectively monitor and reduce the |
|
incidence or severity of developmental disabilities; |
|
(4) promote and facilitate the identification, |
|
development, coordination, and delivery of needed prevention |
|
services; |
|
(5) solicit, receive, and spend grants and donations |
|
from public, private, state, and federal sources; |
|
(6) identify and encourage establishment of needed |
|
reporting systems to track the causes and frequencies of occurrence |
|
of developmental disabilities; |
|
(7) develop, operate, and monitor programs created |
|
under Section 112.048 addressing [task forces to address] the |
|
prevention of specific targeted developmental disabilities; |
|
(8) monitor and assess the effectiveness of divisions |
|
within the commission and of state agencies in preventing [to
|
|
prevent] developmental disabilities; |
|
(9) recommend the role each division within the |
|
commission and each state agency should have with regard to |
|
prevention of developmental disabilities; |
|
(10) facilitate coordination of state agency |
|
prevention services and activities within the commission and among |
|
appropriate state agencies; and |
|
(11) encourage cooperative, comprehensive, and |
|
complementary planning among public, private, and volunteer |
|
individuals and organizations engaged in prevention activities, |
|
providing prevention services, or conducting related research. |
|
(e) Sections 112.048 and 112.049, Human Resources Code, are |
|
amended to read as follows: |
|
Sec. 112.048. PREVENTION PROGRAMS FOR TARGETED |
|
DEVELOPMENTAL DISABILITIES [TASK FORCES]. (a) The executive |
|
committee shall establish guidelines for: |
|
(1) selecting targeted disabilities; |
|
(2) assessing prevention services needs; and |
|
(3) reviewing [task force] plans, budgets, and |
|
operations for programs under this section. |
|
(b) The executive committee shall [create task forces made
|
|
up of members of the board of advisors to] plan and implement |
|
prevention programs for specifically targeted developmental |
|
disabilities. [A task force operates as an administrative division
|
|
of the office and can be abolished when it is ineffective or is no
|
|
longer needed.] |
|
(c) A program under this section [task force shall]: |
|
(1) must include [develop] a plan designed to reduce |
|
the incidence of a specifically targeted disability; |
|
(2) must include [prepare] a budget for implementing a |
|
plan; |
|
(3) must be funded [arrange for funds] through: |
|
(A) contracts for services from participating |
|
agencies; |
|
(B) grants and gifts from private persons and |
|
consumer and advocacy organizations; and |
|
(C) foundation support; and |
|
(4) must be approved by [submit the plan, budget, and
|
|
evidence of funding commitments to] the executive committee [for
|
|
approval]. |
|
[(d)
A task force shall regularly report to the executive
|
|
committee, as required by the committee, the operation, progress,
|
|
and results of the task force's prevention plan.] |
|
Sec. 112.049. EVALUATION. (a) The office shall identify |
|
or encourage the establishment of needed statistical bases for each |
|
targeted group against which the office can measure how effectively |
|
a [task force] program under Section 112.048 is reducing the |
|
frequency or severity of a targeted developmental disability. |
|
(b) The executive committee shall regularly monitor and |
|
evaluate the results of [task force prevention] programs under |
|
Section 112.048. |
|
(f) The heading to Section 112.050, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 112.050. GRANTS AND OTHER FUNDING. |
|
(g) Section 112.050, Human Resources Code, is amended by |
|
amending Subsection (c) and adding Subsection (d) to read as |
|
follows: |
|
(c) The executive committee may not submit a legislative |
|
appropriation request for general revenue funds for purposes of |
|
this subchapter. |
|
(d) In addition to funding under Subsection (a), the office |
|
may accept and solicit gifts, donations, and grants of money from |
|
public and private sources, including the federal government, local |
|
governments, and private entities, to assist in financing the |
|
duties and functions of the office. The commission shall support |
|
office fund-raising efforts authorized by this subsection. Funds |
|
raised under this subsection may only be spent in furtherance of a |
|
duty or function of the office or in accordance with rules |
|
applicable to the office. |
|
(h) Section 112.051, Human Resources Code, is amended to |
|
read as follows: |
|
Sec. 112.051. REPORTS TO LEGISLATURE. The office shall |
|
submit by February 1 of each odd-numbered year biennial reports to |
|
the legislature detailing findings of the office and the results of |
|
[task force prevention] programs under Section 112.048 and |
|
recommending improvements in the delivery of developmental |
|
disability prevention services. |
|
(i) Notwithstanding the changes in law made by this section, |
|
the Office for the Prevention of Developmental Disabilities and any |
|
administrative entity of the Office for the Prevention of |
|
Developmental Disabilities shall continue to operate under the law |
|
as it existed before the effective date of this article, and that |
|
law is continued in effect for that purpose, until the executive |
|
commissioner of the Health and Human Services Commission begins |
|
administering Subchapter C, Chapter 112, Human Resources Code, as |
|
amended by this article, and the commission begins performing the |
|
duties and functions of the Office for the Prevention of |
|
Developmental Disabilities as required by Section 112.0431, Human |
|
Resources Code, as added by this article, on the date specified in |
|
the transition plan required under Section 531.0204, Government |
|
Code, as added by this article. |
|
(j) The executive commissioner of the Health and Human |
|
Services Commission shall begin administering Subchapter C, |
|
Chapter 112, Human Resources Code, as amended by this article, and |
|
the commission shall begin performing the duties and functions of |
|
the Office for the Prevention of Developmental Disabilities as |
|
required by Section 112.0431, Human Resources Code, as added by |
|
this article, on the date specified in the transition plan required |
|
under Section 531.0204, Government Code, as added by this article. |
|
SECTION 1.14. (a) The heading to Chapter 114, Human |
|
Resources Code, is amended to read as follows: |
|
CHAPTER 114. [TEXAS COUNCIL ON] AUTISM AND PERVASIVE |
|
DEVELOPMENTAL DISORDERS |
|
(b) Section 114.002, Human Resources Code, is amended by |
|
adding Subdivisions (1-a) and (3) to read as follows: |
|
(1-a) "Commission" means the Health and Human Services |
|
Commission. |
|
(3) "Executive commissioner" means the executive |
|
commissioner of the Health and Human Services Commission. |
|
(c) Chapter 114, Human Resources Code, is amended by adding |
|
Sections 114.0021 and 114.0031 to read as follows: |
|
Sec. 114.0021. APPLICABILITY AND EXPIRATION OF CERTAIN |
|
PROVISIONS. (a) Sections 114.001, 114.003, 114.004, 114.005, |
|
114.007(a), and 114.010(d) apply only until the date the executive |
|
commissioner begins to administer this chapter and the commission |
|
assumes the duties and functions of the Texas Council on Autism and |
|
Pervasive Developmental Disorders in accordance with Section |
|
114.0031. |
|
(b) On the date the provisions listed in Subsection (a) |
|
cease to apply, the Texas Council on Autism and Pervasive |
|
Developmental Disorders is abolished. |
|
(c) This section and Sections 114.001, 114.003, 114.004, |
|
114.005, 114.007(a), and 114.010(d) expire on the last day of the |
|
period prescribed by Section 531.02001(1), Government Code. |
|
Sec. 114.0031. ADMINISTRATION OF CHAPTER; CERTAIN |
|
REFERENCES. (a) Notwithstanding any other provision in this |
|
chapter, the executive commissioner shall administer this chapter |
|
beginning on the date specified in the transition plan under |
|
Section 531.0204, Government Code, and the commission shall perform |
|
the duties and functions of the Texas Council on Autism and |
|
Pervasive Developmental Disorders in the organizational form the |
|
executive commissioner determines appropriate. |
|
(b) Following the assumption of the administration of this |
|
chapter by the executive commissioner and the duties and functions |
|
by the commission in accordance with Subsection (a): |
|
(1) a reference in this chapter to the council, the |
|
Texas Council on Autism and Pervasive Developmental Disorders, or |
|
an agency represented on the council means the commission, the |
|
division or other organizational unit within the commission |
|
designated by the executive commissioner, or the executive |
|
commissioner, as appropriate; and |
|
(2) a reference in any other law to the Texas Council |
|
on Autism and Pervasive Developmental Disorders has the meaning |
|
assigned by Subdivision (1). |
|
(d) Section 114.006(b), Human Resources Code, is amended to |
|
read as follows: |
|
(b) The council shall make written recommendations on the |
|
implementation of this chapter. If the council considers a |
|
recommendation that will affect another state [an] agency [not
|
|
represented on the council], the council shall seek the advice and |
|
assistance of the agency before taking action on the |
|
recommendation. On approval of the governing body of the agency, |
|
each agency affected by a council recommendation shall implement |
|
the recommendation. If an agency does not have sufficient funds to |
|
implement a recommendation, the agency shall request funds for that |
|
purpose in its next budget proposal. |
|
(e) Sections 114.007(b) and (c), Human Resources Code, are |
|
amended to read as follows: |
|
(b) The council with [the advice of the advisory task force
|
|
and] input from people with autism and other pervasive |
|
developmental disorders, their families, and related advocacy |
|
organizations shall address contemporary issues affecting services |
|
available to persons with autism or other pervasive developmental |
|
disorders in this state, including: |
|
(1) successful intervention and treatment strategies, |
|
including transitioning; |
|
(2) personnel preparation and continuing education; |
|
(3) referral, screening, and evaluation services; |
|
(4) day care, respite care, or residential care |
|
services; |
|
(5) vocational and adult training programs; |
|
(6) public awareness strategies; |
|
(7) contemporary research; |
|
(8) early identification strategies; |
|
(9) family counseling and case management; and |
|
(10) recommendations for monitoring autism service |
|
programs. |
|
(c) The council with [the advice of the advisory task force
|
|
and] input from people with autism and other pervasive |
|
developmental disorders, their families, and related advocacy |
|
organizations shall advise the legislature on legislation that is |
|
needed to develop further and to maintain a statewide system of |
|
quality intervention and treatment services for all persons with |
|
autism or other pervasive developmental disorders. The council may |
|
develop and recommend legislation to the legislature or comment on |
|
pending legislation that affects those persons. |
|
(f) Section 114.008, Human Resources Code, is amended to |
|
read as follows: |
|
Sec. 114.008. REPORT. (a) [The agencies represented on
|
|
the council and the public members shall report to the council any
|
|
requirements identified by the agency or person to provide
|
|
additional or improved services to persons with autism or other
|
|
pervasive developmental disorders.] Not later than November 1 of |
|
each even-numbered year, the council shall: |
|
(1) prepare a report summarizing requirements the |
|
council identifies and recommendations for providing additional or |
|
improved services to persons with autism or other pervasive |
|
developmental disorders; and |
|
(2) deliver the report to the executive commissioner |
|
[of the Health and Human Services Commission], the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives [a report summarizing the recommendations]. |
|
(b) The council shall develop a strategy for establishing |
|
new programs to meet the requirements identified through the |
|
council's review and assessment and from input from [the task
|
|
force,] people with autism and related pervasive developmental |
|
disorders, their families, and related advocacy organizations. |
|
(g) Section 114.013, Human Resources Code, is amended to |
|
read as follows: |
|
Sec. 114.013. COORDINATION OF RESOURCES FOR INDIVIDUALS |
|
WITH AUTISM SPECTRUM DISORDERS [RESOURCE CENTER]. (a) The |
|
commission [Health and Human Services Commission] shall [establish
|
|
and administer an autism spectrum disorders resource center to] |
|
coordinate resources for individuals with autism and other |
|
pervasive developmental disorders and their families. In |
|
coordinating those resources [establishing and administering the
|
|
center], the commission [Health and Human Services Commission] |
|
shall consult with [the council and coordinate with] appropriate |
|
state agencies[, including each agency represented on the council]. |
|
(b) As part of coordinating resources under Subsection (a), |
|
the commission [The Health and Human Services Commission] shall |
|
[design the center to]: |
|
(1) collect and distribute information and research |
|
regarding autism and other pervasive developmental disorders; |
|
(2) conduct training and development activities for |
|
persons who may interact with an individual with autism or another |
|
pervasive developmental disorder in the course of their employment, |
|
including school, medical, or law enforcement personnel; |
|
(3) coordinate with local entities that provide |
|
services to an individual with autism or another pervasive |
|
developmental disorder; and |
|
(4) provide support for families affected by autism |
|
and other pervasive developmental disorders. |
|
(h) Notwithstanding the changes in law made by this section, |
|
the Texas Council on Autism and Pervasive Developmental Disorders |
|
and any administrative entity of the Texas Council on Autism and |
|
Pervasive Developmental Disorders shall continue to operate under |
|
the law as it existed before the effective date of this article, and |
|
that law is continued in effect for that purpose, until the |
|
executive commissioner of the Health and Human Services Commission |
|
begins administering Chapter 114, Human Resources Code, as amended |
|
by this article, and the commission begins performing the duties |
|
and functions of the Texas Council on Autism and Pervasive |
|
Developmental Disorders as required by Section 114.0031, Human |
|
Resources Code, as added by this article, on the date specified in |
|
the transition plan required under Section 531.0204, Government |
|
Code, as added by this article. |
|
(i) The executive commissioner of the Health and Human |
|
Services Commission shall begin administering Chapter 114, Human |
|
Resources Code, as amended by this article, and the commission |
|
shall begin performing the duties and functions of the Texas |
|
Council on Autism and Pervasive Developmental Disorders as required |
|
by Section 114.0031, Human Resources Code, as added by this |
|
article, on the date specified in the transition plan required |
|
under Section 531.0204, Government Code, as added by this article. |
|
SECTION 1.15. (a) Effective September 1, 2016, Subchapter |
|
K, Chapter 531, Government Code, including provisions amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
repealed. |
|
(b) Effective September 1, 2016, the following provisions |
|
of the Health and Safety Code are repealed: |
|
(1) Section 1001.021; |
|
(2) Section 1001.022; |
|
(3) Section 1001.023; |
|
(4) Section 1001.024; |
|
(5) Section 1001.025; |
|
(6) Section 1001.026; and |
|
(7) Section 1001.027. |
|
(c) Effective September 1, 2016, the following provisions |
|
of the Human Resources Code, including provisions amended by S.B. |
|
219, Acts of the 84th Legislature, Regular Session, 2015, are |
|
repealed: |
|
(1) Section 40.021; |
|
(2) Section 40.022; |
|
(3) Section 40.0226; |
|
(4) Section 40.024; |
|
(5) Section 40.025; |
|
(6) Section 40.026; |
|
(7) Section 117.002; |
|
(8) Section 117.021; |
|
(9) Section 117.022; |
|
(10) Section 117.023; |
|
(11) Section 117.024; |
|
(12) Section 117.025; |
|
(13) Section 117.026; |
|
(14) Section 117.027; |
|
(15) Section 117.028; |
|
(16) Section 117.029; |
|
(17) Section 117.030; |
|
(18) Section 117.032; |
|
(19) Section 117.051; |
|
(20) Section 117.052; |
|
(21) Section 117.053; |
|
(22) Section 117.054; |
|
(23) Section 117.055; |
|
(24) Section 117.056; |
|
(25) Section 117.072; |
|
(26) Section 161.002; |
|
(27) Subchapter B, Chapter 161; |
|
(28) Section 161.051; |
|
(29) Section 161.052; |
|
(30) Section 161.053; |
|
(31) Section 161.054; |
|
(32) Section 161.055; |
|
(33) Section 161.056; and |
|
(34) Section 161.072. |
|
SECTION 1.16. (a) Effective September 1, 2019, Section |
|
531.0163, Government Code, is repealed. |
|
(b) Effective September 1, 2019, the following provisions |
|
of the Health and Safety Code, including provisions amended by S.B. |
|
219, Acts of the 84th Legislature, Regular Session, 2015, are |
|
repealed: |
|
(1) Section 1001.002; |
|
(2) Section 1001.028; |
|
(3) Section 1001.029; |
|
(4) Section 1001.030; |
|
(5) Section 1001.032; |
|
(6) Subchapter C, Chapter 1001; and |
|
(7) Section 1001.074. |
|
(c) Effective September 1, 2019, the following provisions |
|
of the Human Resources Code, including provisions amended by S.B. |
|
219, Acts of the 84th Legislature, Regular Session, 2015, are |
|
repealed: |
|
(1) Section 40.002(a); |
|
(2) Section 40.004; |
|
(3) Section 40.0041; |
|
(4) Section 40.027; |
|
(5) Section 40.032; and |
|
(6) Section 40.033. |
|
SECTION 1.17. Notwithstanding Sections 1.15 and 1.16 of |
|
this article, the implementation of a provision repealed by those |
|
sections ceases on the date the responsible state agency or entity |
|
listed in Section 531.0202, Government Code, as added by this |
|
article, is abolished as provided by Subchapter A-1, Chapter 531, |
|
Government Code, as added by this article. |
|
ARTICLE 2. HEALTH AND HUMAN SERVICES SYSTEM OPERATIONS |
|
SECTION 2.01. Section 531.001, Government Code, is amended |
|
by adding Subdivision (3-a) to read as follows: |
|
(3-a) "Health and human services system" means the |
|
system for providing or otherwise administering health and human |
|
services in this state by the commission, including through an |
|
office or division of the commission or through another entity |
|
under the administrative and operational control of the executive |
|
commissioner. |
|
SECTION 2.02. Subchapter A, Chapter 531, Government Code, |
|
is amended by adding Section 531.00552 to read as follows: |
|
Sec. 531.00552. CONSOLIDATED INTERNAL AUDIT PROGRAM. |
|
(a) Notwithstanding Section 2102.005, the commission shall |
|
operate the internal audit program required under Chapter 2102 for |
|
the commission and each health and human services agency as a |
|
consolidated internal audit program. |
|
(b) For purposes of this section, a reference in Chapter |
|
2102 to the administrator of a state agency with respect to a health |
|
and human services agency means the executive commissioner. |
|
(c) This section expires on the last day of the period |
|
prescribed by Section 531.02001(2). |
|
SECTION 2.03. Section 531.006, Government Code, as amended |
|
by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
Sec. 531.006. ELIGIBILITY FOR APPOINTMENT AS EXECUTIVE |
|
COMMISSIONER; EMPLOYEE RESTRICTIONS. (a) In this section, "Texas |
|
trade association" means a cooperative and voluntarily joined |
|
statewide association of business or professional competitors in |
|
this state designed to assist its members and its industry or |
|
profession in dealing with mutual business or professional problems |
|
and in promoting their common interest. |
|
(a-1) A person may not be appointed [is not eligible for
|
|
appointment] as executive commissioner, may not serve on the |
|
commission's executive council, and may not be a commission |
|
employee employed in a "bona fide executive, administrative, or |
|
professional capacity," as that phrase is used for purposes of |
|
establishing an exemption to the overtime provisions of the federal |
|
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in the field of health and |
|
human services; or |
|
(2) the person's spouse is an [employee,] officer, |
|
manager, or paid consultant of a Texas trade association in the [a] |
|
field of health and human services [under the commission's
|
|
jurisdiction]. |
|
(b) A person may not be appointed as executive commissioner |
|
or act as general counsel of the commission if the person [who] is |
|
required to register as a lobbyist under Chapter 305 because of the |
|
person's activities for compensation [in or] on behalf of a |
|
profession related to the operation of the commission [a field
|
|
under the commission's jurisdiction may not serve as executive
|
|
commissioner]. |
|
(c) A person may not be appointed [is not eligible for
|
|
appointment] as executive commissioner if the person has a |
|
financial interest in a corporation, organization, or association |
|
under contract with: |
|
(1) the commission or a health and human services |
|
agency [Department of State Health Services, if the contract
|
|
involves mental health services]; |
|
(2) [the Department of Aging and Disability Services,
|
|
if the contract involves intellectual and developmental disability
|
|
services;
|
|
[(3)] a local mental health or intellectual and |
|
developmental disability authority; or |
|
(3) [(4)] a community center. |
|
SECTION 2.04. Section 531.0161, Government Code, is amended |
|
by adding Subsection (c) to read as follows: |
|
(c) The commission shall: |
|
(1) coordinate the implementation of the policy |
|
developed under Subsection (a); |
|
(2) provide training as needed to implement the |
|
procedures for negotiated rulemaking or alternative dispute |
|
resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures. |
|
SECTION 2.05. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0164 to read as follows: |
|
Sec. 531.0164. HEALTH AND HUMAN SERVICES SYSTEM INTERNET |
|
WEBSITE COORDINATION. The commission shall establish a process to |
|
ensure Internet websites across the health and human services |
|
system are developed and maintained according to standard criteria |
|
for uniformity, efficiency, and technical capabilities. Under the |
|
process, the commission shall: |
|
(1) develop and maintain an inventory of all health |
|
and human services system Internet websites; |
|
(2) on an ongoing basis, evaluate the inventory |
|
maintained under Subdivision (1) to: |
|
(A) determine whether any of the Internet |
|
websites should be consolidated to improve public access to those |
|
websites' content; and |
|
(B) ensure the Internet websites comply with the |
|
standard criteria; and |
|
(3) if appropriate, consolidate the websites |
|
identified under Subdivision (2)(A). |
|
(b) As soon as possible after the effective date of this |
|
article, the Health and Human Services Commission shall implement |
|
Section 531.0164, Government Code, as added by this article. |
|
(c) As soon as possible after a state agency or entity is |
|
abolished as provided by Section 531.0202, Government Code, as |
|
added by this Act, the Health and Human Services Commission shall, |
|
in accordance with Section 531.0164, Government Code, as added by |
|
this article, ensure that an Internet website operated by or |
|
related to the abolished state agency or entity is updated, |
|
transferred, or consolidated to reflect the consolidation mandated |
|
by Subchapter A-1, Chapter 531, Government Code, as added by this |
|
Act. |
|
SECTION 2.06. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0171 to read as follows: |
|
Sec. 531.0171. OFFICE OF OMBUDSMAN. (a) The executive |
|
commissioner shall establish the commission's office of the |
|
ombudsman with authority and responsibility over the health and |
|
human services system in performing the following functions: |
|
(1) providing dispute resolution services for the |
|
health and human services system; |
|
(2) performing consumer protection and advocacy |
|
functions related to health and human services, including assisting |
|
a consumer or other interested person with: |
|
(A) raising a matter within the health and human |
|
services system that the person feels is being ignored; and |
|
(B) obtaining information regarding a filed |
|
complaint; and |
|
(3) collecting inquiry and complaint data related to |
|
the health and human services system. |
|
(b) The office of the ombudsman does not have the authority |
|
to provide a separate process for resolving complaints or appeals. |
|
(c) The executive commissioner shall develop a standard |
|
process for tracking and reporting received inquiries and |
|
complaints within the health and human services system. The |
|
process must provide for the centralized tracking of inquiries and |
|
complaints submitted to field, regional, or other local health and |
|
human services system offices. |
|
(d) Using the process developed under Subsection (c), the |
|
office of the ombudsman shall collect inquiry and complaint data |
|
from all offices, agencies, divisions, and other entities within |
|
the health and human services system. To assist with the collection |
|
of data under this subsection, the office may access any system or |
|
process for recording inquiries and complaints used or maintained |
|
within the health and human services system. |
|
(b) As soon as possible after the effective date of this |
|
article, the executive commissioner of the Health and Human |
|
Services Commission shall implement Section 531.0171, Government |
|
Code, as added by this article. |
|
(c) Notwithstanding any other provision of state law, each |
|
office of an ombudsman established before the effective date of |
|
this section that performs ombudsman duties for a state agency or |
|
entity subject to abolition under Section 531.0202, Government |
|
Code, as added by this Act, is abolished on the date the state |
|
agency or entity for which the office performs ombudsman duties is |
|
abolished in accordance with the transition plan under Section |
|
531.0204, Government Code, as added by this Act, except that the |
|
following are not abolished and continue in existence: |
|
(1) the office of independent ombudsman for state |
|
supported living centers established under Subchapter C, Chapter |
|
555, Health and Safety Code; |
|
(2) the office of the state long-term care ombudsman; |
|
and |
|
(3) any other ombudsman office serving all or part of |
|
the health and human services system that is required by federal |
|
law. |
|
(d) The executive commissioner of the Health and Human |
|
Services Commission shall certify which offices of ombudsman are |
|
abolished, and which are exempt from abolition, under Subsection |
|
(c) of this section and shall publish that certification in the |
|
Texas Register not later than September 1, 2016. |
|
SECTION 2.07. (a) Subchapter A, Chapter 531, Government |
|
Code, is amended by adding Section 531.0192 to read as follows: |
|
Sec. 531.0192. HEALTH AND HUMAN SERVICES SYSTEM HOTLINE AND |
|
CALL CENTER COORDINATION. (a) The commission shall establish a |
|
process to ensure all health and human services system hotlines and |
|
call centers are necessary and appropriate. Under the process, the |
|
commission shall: |
|
(1) develop criteria for use in assessing whether a |
|
hotline or call center serves an ongoing purpose; |
|
(2) develop and maintain an inventory of all system |
|
hotlines and call centers; |
|
(3) use the inventory and assessment criteria |
|
developed under this subsection to periodically consolidate |
|
hotlines and call centers along appropriate functional lines; and |
|
(4) develop an approval process designed to ensure |
|
that a newly established hotline or call center, including the |
|
telephone system and contract terms for the hotline or call center, |
|
meets policies and standards established by the commission. |
|
(b) In consolidating hotlines and call centers under |
|
Subsection (a)(3), the commission shall seek to maximize the use |
|
and effectiveness of the commission's 2-1-1 telephone number. |
|
(b) As soon as possible after the effective date of this |
|
article, the Health and Human Services Commission shall implement |
|
Section 531.0192, Government Code, as added by this article. |
|
(c) Not later than March 1, 2016, the Health and Human |
|
Services Commission shall complete an initial assessment and |
|
consolidation of hotlines and call centers, as required by Section |
|
531.0192, Government Code, as added by this article. |
|
(d) As soon as possible after a state agency or entity is |
|
abolished as provided by Section 531.0202, Government Code, as |
|
added by this Act, the Health and Human Services Commission shall, |
|
in accordance with Section 531.0192, Government Code, as added by |
|
this article, ensure a hotline or call center operated or |
|
administered by the abolished state agency or entity is transferred |
|
or consolidated to reflect the consolidation mandated by Subchapter |
|
A-1, Chapter 531, Government Code, as added by this Act. |
|
SECTION 2.08. (a) Section 531.02111(b), Government Code, |
|
as amended by S.B. 219, Acts of the 84th Legislature, Regular |
|
Session, 2015, is amended to read as follows: |
|
(b) The report must include: |
|
(1) for each state agency described by Subsection (a): |
|
(A) a description of each of the components of |
|
Medicaid operated by the agency; and |
|
(B) an accounting of all funds related to |
|
Medicaid received and disbursed by the agency during the period |
|
covered by the report, including: |
|
(i) the amount of any federal Medicaid |
|
funds allocated to the agency for the support of each of the |
|
Medicaid components operated by the agency; |
|
(ii) the amount of any funds appropriated |
|
by the legislature to the agency for each of those components; and |
|
(iii) the amount of Medicaid payments and |
|
related expenditures made by or in connection with each of those |
|
components; and |
|
(2) for each Medicaid component identified in the |
|
report: |
|
(A) the amount and source of funds or other |
|
revenue received by or made available to the agency for the |
|
component; [and] |
|
(B) the amount spent on each type of service or |
|
benefit provided by or under the component; |
|
(C) the amount spent on component operations, |
|
including eligibility determination, claims processing, and case |
|
management; and |
|
(D) the amount spent on any other administrative |
|
costs [information required by Section 531.02112(b)]. |
|
(b) The following provisions, including provisions amended |
|
by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, |
|
are repealed: |
|
(1) Section 531.02112, Government Code; |
|
(2) Sections 531.03131(f) and (g), Government Code; |
|
(3) Section 2155.144(o), Government Code; and |
|
(4) Section 22.0251(b), Human Resources Code. |
|
SECTION 2.09. (a) Subchapter B, Chapter 531, Government |
|
Code, is amended by adding Section 531.02118 to read as follows: |
|
Sec. 531.02118. STREAMLINING MEDICAID PROVIDER ENROLLMENT |
|
AND CREDENTIALING PROCESSES. (a) The commission shall streamline |
|
provider enrollment and credentialing processes under Medicaid. |
|
(b) In streamlining the Medicaid provider enrollment |
|
process, the commission shall establish a centralized Internet |
|
portal through which providers may enroll in Medicaid. The |
|
commission may use the Internet portal created under this |
|
subsection to create a single, consolidated Medicaid provider |
|
enrollment and credentialing process. |
|
(c) In streamlining the Medicaid provider credentialing |
|
process under this section, the commission may designate a |
|
centralized credentialing entity and may: |
|
(1) share information in the database established |
|
under Subchapter C, Chapter 32, Human Resources Code, with the |
|
centralized credentialing entity; and |
|
(2) require all managed care organizations |
|
contracting with the commission to provide health care services to |
|
Medicaid recipients under a managed care plan issued by the |
|
organization to use the centralized credentialing entity as a hub |
|
for the collection and sharing of information. |
|
(d) If cost-effective, the commission may contract with a |
|
third party to develop the single, consolidated Medicaid provider |
|
enrollment and credentialing process authorized under Subsection |
|
(b). |
|
(b) The Health and Human Services Commission shall |
|
streamline provider enrollment and credentialing processes as |
|
required under Section 531.02118, Government Code, as added by this |
|
article, not later than September 1, 2016. |
|
SECTION 2.10. (a) Section 531.02141, Government Code, is |
|
amended by adding Subsections (c), (d), and (e) to read as follows: |
|
(c) The commission shall regularly evaluate data submitted |
|
by managed care organizations that contract with the commission |
|
under Chapter 533 to determine whether: |
|
(1) the data continues to serve a useful purpose; and |
|
(2) additional data is needed to oversee contracts or |
|
evaluate the effectiveness of Medicaid. |
|
(d) The commission shall collect Medicaid managed care data |
|
that effectively captures the quality of services received by |
|
Medicaid recipients. |
|
(e) The commission shall develop a dashboard for agency |
|
leadership that is designed to assist leadership with overseeing |
|
Medicaid and comparing the performance of managed care |
|
organizations participating in Medicaid. The dashboard must |
|
identify a concise number of important Medicaid indicators, |
|
including key data, performance measures, trends, and problems. |
|
(b) Not later than March 1, 2016, the Health and Human |
|
Services Commission shall develop the dashboard required by Section |
|
531.02141(e), Government Code, as added by this article. |
|
SECTION 2.11. Subchapter B, Chapter 531, Government Code, |
|
is amended by adding Section 531.02731 to read as follows: |
|
Sec. 531.02731. REPORT OF INFORMATION RESOURCES MANAGER TO |
|
COMMISSION. (a) Notwithstanding Section 2054.075(b), the |
|
information resources manager of a health and human services agency |
|
shall report directly to the executive commissioner or a deputy |
|
executive commissioner designated by the executive commissioner. |
|
(b) This section expires on the last day of the period |
|
prescribed by Section 531.02001(2). |
|
SECTION 2.12. Section 531.102, Government Code, is amended |
|
by adding Subsections (p) and (q) to read as follows: |
|
(p) In accordance with Section 533.015(b), the office shall |
|
consult with the executive commissioner regarding the adoption of |
|
rules defining the office's role in and jurisdiction over, and the |
|
frequency of, audits of managed care organizations participating in |
|
Medicaid that are conducted by the office and the commission. |
|
(q) The office shall coordinate all audit and oversight |
|
activities, including the development of audit plans, risk |
|
assessments, and findings, with the commission to minimize the |
|
duplication of activities. In coordinating activities under this |
|
subsection, the office shall: |
|
(1) on an annual basis, seek input from the commission |
|
and consider previous audits and onsite visits made by the |
|
commission for purposes of determining whether to audit a managed |
|
care organization participating in Medicaid; and |
|
(2) request the results of any informal audit or |
|
onsite visit performed by the commission that could inform the |
|
office's risk assessment when determining whether to conduct, or |
|
the scope of, an audit of a managed care organization participating |
|
in Medicaid. |
|
SECTION 2.13. (a) Section 531.1031(a), Government Code, |
|
as amended by S.B. 219, Acts of the 84th Legislature, Regular |
|
Session, 2015, is amended to read as follows: |
|
(a) In this section and Sections 531.1032, 531.1033, and |
|
531.1034: |
|
(1) "Health care professional" means a person issued a |
|
license[, registration, or certification] to engage in a health |
|
care profession. |
|
(1-a) "License" means a license, certificate, |
|
registration, permit, or other authorization that: |
|
(A) is issued by a licensing authority; and |
|
(B) must be obtained before a person may practice |
|
or engage in a particular business, occupation, or profession. |
|
(1-b) "Licensing authority" means a department, |
|
commission, board, office, or other agency of the state that issues |
|
a license. |
|
(1-c) "Office" means the commission's office of |
|
inspector general unless a different meaning is plainly required by |
|
the context in which the term appears. |
|
(2) "Participating agency" means: |
|
(A) the Medicaid fraud enforcement divisions of |
|
the office of the attorney general; |
|
(B) each licensing authority [board or agency] |
|
with authority to issue a license to[, register, regulate, or
|
|
certify] a health care professional or managed care organization |
|
that may participate in Medicaid; and |
|
(C) the [commission's] office [of inspector
|
|
general]. |
|
(3) "Provider" has the meaning assigned by Section |
|
531.1011(10)(A). |
|
(b) Subchapter C, Chapter 531, Government Code, is amended |
|
by adding Sections 531.1032, 531.1033, and 531.1034 to read as |
|
follows: |
|
Sec. 531.1032. OFFICE OF INSPECTOR GENERAL: CRIMINAL |
|
HISTORY RECORD INFORMATION CHECK. (a) The office and each |
|
licensing authority that requires the submission of fingerprints |
|
for the purpose of conducting a criminal history record information |
|
check of a health care professional shall enter into a memorandum of |
|
understanding to ensure that only persons who are licensed and in |
|
good standing as health care professionals participate as providers |
|
in Medicaid. The memorandum under this section may be combined with |
|
a memorandum authorized under Section 531.1031(c-1) and must |
|
include a process by which: |
|
(1) the office may confirm with a licensing authority |
|
that a health care professional is licensed and in good standing for |
|
purposes of determining eligibility to participate in Medicaid; and |
|
(2) the licensing authority immediately notifies the |
|
office if: |
|
(A) a provider's license has been revoked or |
|
suspended; or |
|
(B) the licensing authority has taken |
|
disciplinary action against a provider. |
|
(b) The office may not, for purposes of determining a health |
|
care professional's eligibility to participate in Medicaid as a |
|
provider, conduct a criminal history record information check of a |
|
health care professional who the office has confirmed under |
|
Subsection (a) is licensed and in good standing. This subsection |
|
does not prohibit the office from performing a criminal history |
|
record information check of a provider that is required or |
|
appropriate for other reasons, including for conducting an |
|
investigation of fraud, waste, or abuse. |
|
(c) For purposes of determining eligibility to participate |
|
in Medicaid and subject to Subsection (d), the office, after |
|
seeking public input, shall establish and the executive |
|
commissioner by rule shall adopt guidelines for the evaluation of |
|
criminal history record information of providers and potential |
|
providers. The guidelines must outline conduct, by provider type, |
|
that may be contained in criminal history record information that |
|
will result in exclusion of a person from Medicaid as a provider, |
|
taking into consideration: |
|
(1) the extent to which the underlying conduct relates |
|
to the services provided under Medicaid; |
|
(2) the degree to which the person would interact with |
|
Medicaid recipients as a provider; and |
|
(3) any previous evidence that the person engaged in |
|
fraud, waste, or abuse under Medicaid. |
|
(d) The guidelines adopted under Subsection (c) may not |
|
impose stricter standards for the eligibility of a person to |
|
participate in Medicaid than a licensing authority described by |
|
Subsection (a) requires for the person to engage in a health care |
|
profession without restriction in this state. |
|
(e) The office and the commission shall use the guidelines |
|
adopted under Subsection (c) to determine whether a provider |
|
participating in Medicaid continues to be eligible to participate |
|
in Medicaid as a provider. |
|
(f) The provider enrollment contractor, if applicable, and |
|
a managed care organization participating in Medicaid shall defer |
|
to the office regarding whether a person's criminal history record |
|
information precludes the person from participating in Medicaid as |
|
a provider. |
|
Sec. 531.1033. MONITORING OF CERTAIN FEDERAL DATABASES. |
|
The office shall routinely check appropriate federal databases, |
|
including databases referenced in 42 C.F.R. Section 455.436, to |
|
ensure that a person who is excluded from participating in Medicaid |
|
or in the Medicare program by the federal government is not |
|
participating as a provider in Medicaid. |
|
Sec. 531.1034. TIME TO DETERMINE PROVIDER ELIGIBILITY; |
|
PERFORMANCE METRICS. (a) Not later than the 10th day after the |
|
date the office receives the complete application of a health care |
|
professional seeking to participate in Medicaid, the office shall |
|
inform the commission or the health care professional, as |
|
appropriate, of the office's determination regarding whether the |
|
health care professional should be excluded from participating in |
|
Medicaid based on: |
|
(1) information concerning the licensing status of the |
|
health care professional obtained as described by Section |
|
531.1032(a); |
|
(2) information contained in the criminal history |
|
record information check that is evaluated in accordance with |
|
guidelines adopted under Section 531.1032(c); |
|
(3) a review of federal databases under Section |
|
531.1033; |
|
(4) the pendency of an open investigation by the |
|
office; or |
|
(5) any other reason the office determines |
|
appropriate. |
|
(b) Completion of an on-site visit of a health care |
|
professional during the period prescribed by Subsection (a) is not |
|
required. |
|
(c) The office shall develop performance metrics to measure |
|
the length of time for conducting a determination described by |
|
Subsection (a) with respect to applications that are complete when |
|
submitted and all other applications. |
|
(c) Not later than September 1, 2016, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt the guidelines required under Section 531.1032(c), |
|
Government Code, as added by this section. |
|
SECTION 2.14. (a) Chapter 531, Government Code, is amended |
|
by adding Subchapter M to read as follows: |
|
SUBCHAPTER M. COORDINATION OF QUALITY INITIATIVES |
|
Sec. 531.451. OPERATIONAL PLAN TO COORDINATE INITIATIVES. |
|
(a) The commission shall develop and implement a comprehensive, |
|
coordinated operational plan to ensure a consistent approach across |
|
the major quality initiatives of the health and human services |
|
system for improving the quality of health care. |
|
(b) The operational plan developed under this section must |
|
include broad goals for the improvement of the quality of health |
|
care in this state, including health care services provided through |
|
Medicaid. |
|
Sec. 531.452. REVISION OF MAJOR INITIATIVES. |
|
Notwithstanding any other law, the commission shall revise major |
|
quality initiatives of the health and human services system in |
|
accordance with the operational plan and health care quality |
|
improvement goals developed under Section 531.451. To the extent |
|
it is possible, the commission shall ensure that outcome measure |
|
data is collected and reported consistently across all major |
|
quality initiatives to improve the evaluation of the initiatives' |
|
statewide impact. |
|
Sec. 531.453. INCENTIVES FOR INITIATIVE COORDINATION. The |
|
commission shall consider and, if the commission determines it |
|
appropriate, develop incentives that promote coordination among |
|
the various major quality initiatives in accordance with this |
|
subchapter, including projects and initiatives approved under the |
|
Texas Health Care Transformation and Quality Improvement Program |
|
waiver issued under Section 1115 of the federal Social Security Act |
|
(42 U.S.C. Section 1315). |
|
Sec. 531.454. RENEWAL OF FEDERAL AUTHORIZATION FOR MEDICAID |
|
REFORM. (a) When the commission seeks to renew the Texas Health |
|
Care Transformation and Quality Improvement Program waiver issued |
|
under Section 1115 of the federal Social Security Act (42 U.S.C. |
|
Section 1315), the commission shall, to the extent permitted under |
|
federal law: |
|
(1) seek to reduce the number of approved project |
|
options that may be funded under the waiver using delivery system |
|
reform incentive payments to include only those projects that are: |
|
(A) the most critical for improving the quality |
|
of health care, including behavioral health services; and |
|
(B) consistent with the operational plan and |
|
health care quality improvement goals developed under Section |
|
531.451; and |
|
(2) allow a delivery system reform incentive payment |
|
project that, as a result of Subdivision (1), is no longer an option |
|
under the waiver, to continue operating as long as the project meets |
|
funding requirements and outcome objectives. |
|
(b) In reducing the number of approved project options under |
|
Subsection (a), the commission shall take into consideration the |
|
diversity of local and regional health care needs in this state. |
|
(c) This section expires September 1, 2017. |
|
(b) As soon as possible after the effective date of this |
|
article, the Health and Human Services Commission shall develop the |
|
operational plan and perform the other actions corresponding with |
|
the operational plan as required under Subchapter M, Chapter 531, |
|
Government Code, as added by this article. |
|
SECTION 2.15. Section 533.00255(a), Government Code, is |
|
amended to read as follows: |
|
(a) In this section, "behavioral health services" means |
|
mental health and substance abuse disorder services[, other than
|
|
those provided through the NorthSTAR demonstration project]. |
|
SECTION 2.16. Subchapter A, Chapter 533, Government Code, |
|
is amended by adding Section 533.002551 to read as follows: |
|
Sec. 533.002551. MONITORING OF COMPLIANCE WITH BEHAVIORAL |
|
HEALTH INTEGRATION. (a) In this section, "behavioral health |
|
services" has the meaning assigned by Section 533.00255. |
|
(b) In monitoring contracts the commission enters into with |
|
managed care organizations under this chapter, the commission |
|
shall: |
|
(1) ensure managed care organizations fully integrate |
|
behavioral health services into a recipient's primary care |
|
coordination; |
|
(2) use performance audits and other oversight tools |
|
to improve monitoring of the provision and coordination of |
|
behavioral health services; and |
|
(3) establish performance measures that may be used to |
|
determine the effectiveness of the integration of behavioral health |
|
services. |
|
(c) In monitoring a managed care organization's compliance |
|
with behavioral health services integration requirements under |
|
this section, the commission shall give particular attention to a |
|
managed care organization that provides behavioral health services |
|
through a contract with a third party. |
|
SECTION 2.17. Subchapter A, Chapter 533, Government Code, |
|
is amended by adding Section 533.0061 to read as follows: |
|
Sec. 533.0061. FREQUENCY OF PROVIDER CREDENTIALING. A |
|
managed care organization that contracts with the commission to |
|
provide health care services to Medicaid recipients under a managed |
|
care plan issued by the organization shall formally recredential a |
|
physician or other provider with the frequency required by the |
|
single, consolidated Medicaid provider enrollment and |
|
credentialing process, if that process is created under Section |
|
531.02118. The required frequency of recredentialing may be less |
|
frequent than once in any three-year period, notwithstanding any |
|
other law. |
|
SECTION 2.18. Subchapter A, Chapter 533, Government Code, |
|
is amended by adding Section 533.0077 to read as follows: |
|
Sec. 533.0077. STATEWIDE EFFORT TO PROMOTE MAINTENANCE OF |
|
ELIGIBILITY. (a) The commission shall develop and implement a |
|
statewide effort to assist recipients who satisfy Medicaid |
|
eligibility requirements and who receive Medicaid services through |
|
a managed care organization with maintaining eligibility and |
|
avoiding lapses in coverage under Medicaid. |
|
(b) As part of its effort under Subsection (a), the |
|
commission shall: |
|
(1) require each managed care organization providing |
|
health care services to recipients to assist those recipients with |
|
maintaining eligibility; |
|
(2) if the commission determines it is cost-effective, |
|
develop specific strategies for assisting recipients who receive |
|
Supplemental Security Income (SSI) benefits under 42 U.S.C. Section |
|
1381 et seq. with maintaining eligibility; and |
|
(3) ensure information that is relevant to a |
|
recipient's eligibility status is provided to the managed care |
|
organization through which the recipient receives Medicaid |
|
services. |
|
SECTION 2.19. (a) Section 533.015, Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
Sec. 533.015. COORDINATION OF EXTERNAL OVERSIGHT |
|
ACTIVITIES. (a) To the extent possible, the commission shall |
|
coordinate all external oversight activities to minimize |
|
duplication of oversight of managed care plans under Medicaid and |
|
disruption of operations under those plans. |
|
(b) The executive commissioner, after consulting with the |
|
commission's office of inspector general, shall, by rule, define |
|
the commission's and office's roles in and jurisdiction over, and |
|
frequency of, audits of managed care organizations participating in |
|
Medicaid that are conducted by the commission and the commission's |
|
office of inspector general. |
|
(c) In accordance with Section 531.102(q), the commission |
|
shall share with the commission's office of inspector general, at |
|
the request of the office, the results of any informal audit or |
|
onsite visit that could inform that office's risk assessment when |
|
determining whether to conduct, or the scope of, an audit of a |
|
managed care organization participating in Medicaid. |
|
(b) Not later than September 1, 2016, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt rules required by Section 533.015(b), Government Code, as |
|
added by this article. |
|
SECTION 2.20. Section 533.041(a), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(a) The executive commissioner shall appoint a state |
|
Medicaid managed care advisory committee. The advisory committee |
|
consists of representatives of: |
|
(1) hospitals; |
|
(2) managed care organizations and participating |
|
health care providers; |
|
(3) primary care providers and specialty care |
|
providers; |
|
(4) state agencies; |
|
(5) low-income recipients or consumer advocates |
|
representing low-income recipients; |
|
(6) recipients with disabilities, including |
|
recipients with an intellectual or developmental disability or with |
|
physical disabilities, or consumer advocates representing those |
|
recipients; |
|
(7) parents of children who are recipients; |
|
(8) rural providers; |
|
(9) advocates for children with special health care |
|
needs; |
|
(10) pediatric health care providers, including |
|
specialty providers; |
|
(11) long-term services and supports providers, |
|
including nursing facility providers and direct service workers; |
|
(12) obstetrical care providers; |
|
(13) community-based organizations serving low-income |
|
children and their families; |
|
(14) community-based organizations engaged in |
|
perinatal services and outreach; |
|
(15) recipients who are 65 years of age or older; |
|
(16) recipients with mental illness; |
|
(17) nonphysician mental health providers |
|
participating in the Medicaid managed care program; and |
|
(18) entities with responsibilities for the delivery |
|
of long-term services and supports or other Medicaid service |
|
delivery, including: |
|
(A) independent living centers; |
|
(B) area agencies on aging; |
|
(C) aging and disability resource centers |
|
established under the Aging and Disability Resource Center |
|
initiative funded in part by the federal Administration on Aging |
|
and the Centers for Medicare and Medicaid Services; and |
|
(D) community mental health and intellectual |
|
disability centers[; and
|
|
[(E)
the NorthSTAR Behavioral Health Program
|
|
provided under Chapter 534, Health and Safety Code]. |
|
SECTION 2.21. (a) Chapter 533, Government Code, is amended |
|
by adding Subchapter E to read as follows: |
|
SUBCHAPTER E. PILOT PROGRAM TO INCREASE INCENTIVE-BASED PROVIDER |
|
PAYMENTS |
|
Sec. 533.081. DEFINITION. In this subchapter, "pilot |
|
program" means the pilot program to increase incentive-based |
|
provider payments established under Section 533.082. |
|
Sec. 533.082. PILOT PROGRAM TO INCREASE INCENTIVE-BASED |
|
PROVIDER PAYMENTS. With the assistance of the work group |
|
established under Section 533.083, the commission shall develop a |
|
pilot program to increase the use and effectiveness of |
|
incentive-based provider payments by managed care organizations |
|
providing services under the Medicaid managed care program. The |
|
pilot program must: |
|
(1) be operated in one managed care service delivery |
|
area selected in accordance with Section 533.083(a)(1)(A); |
|
(2) require all managed care organizations in the |
|
selected service delivery area to participate in the program; and |
|
(3) pilot incentive-based provider payment structures |
|
determined in accordance with Section 533.083(a)(2). |
|
Sec. 533.083. PILOT PROGRAM DEVELOPMENT WORK GROUP. |
|
(a) The executive commissioner shall establish a work group to |
|
assist the commission with developing the pilot program required |
|
under this subchapter. The work group shall assist the commission |
|
with: |
|
(1) selecting: |
|
(A) the managed care service delivery area in |
|
which the pilot program will be implemented; and |
|
(B) managed care programs to be included in the |
|
pilot program; |
|
(2) determining the types of incentive-based provider |
|
payment structures to pilot and the services that most |
|
appropriately fit into those payment structures; and |
|
(3) determining a timeline for implementation of the |
|
pilot program that requires implementation to begin not later than |
|
January 1, 2017. |
|
(b) The executive commissioner shall determine the number |
|
of members of the work group and ensure that the work group consists |
|
of representatives from: |
|
(1) the commission; |
|
(2) managed care organizations providing services |
|
under the Medicaid managed care program; and |
|
(3) professional associations composed of health care |
|
providers. |
|
(c) A member of the work group serves at the pleasure of the |
|
executive commissioner and without compensation. |
|
Sec. 533.084. ASSESSMENT AND IMPLEMENTATION OF PILOT |
|
PROGRAM FINDINGS. Not later than September 1, 2018, and |
|
notwithstanding any other law, the commission shall: |
|
(1) based on the results of the pilot program, |
|
identify which types of incentive-based provider payment |
|
structures are most appropriate for statewide implementation and |
|
the services that can be provided under those structures; and |
|
(2) require that a managed care organization that has |
|
contracted with the commission to provide health care services to |
|
recipients implement the payment structures identified under |
|
Subdivision (1). |
|
Sec. 533.085. EXPIRATION. Sections 533.081, 533.082, and |
|
533.083 and this section expire September 1, 2018. |
|
(b) As soon as possible after the effective date of this |
|
article, the executive commissioner of the Health and Human |
|
Services Commission shall establish the work group and the |
|
commission shall develop the pilot program required under |
|
Subchapter E, Chapter 533, Government Code, as added by this |
|
article. |
|
(c) The Health and Human Services Commission, in a contract |
|
between the commission and a managed care organization under |
|
Chapter 533, Government Code, that is entered into or renewed on or |
|
after September 1, 2018, shall require that the managed care |
|
organization implement the incentive-based provider payment |
|
structures identified by the commission under Section 533.084, |
|
Government Code, as added by this article. |
|
(d) The Health and Human Services Commission shall seek to |
|
amend contracts entered into with managed care organizations under |
|
Chapter 533, Government Code, before September 1, 2018, to require |
|
that those managed care organizations implement the |
|
incentive-based provider payment structures identified by the |
|
commission under Section 533.084, Government Code, as added by this |
|
article. To the extent of a conflict between that section and a |
|
provision of a contract with a managed care organization entered |
|
into before September 1, 2018, the contract provision prevails. |
|
SECTION 2.22. Section 1001.080(b), Health and Safety Code, |
|
is amended to read as follows: |
|
(b) This section applies to health or mental health |
|
benefits, services, or assistance provided by the department that |
|
the department anticipates will be impacted by a health insurance |
|
exchange as defined by Section 1001.081(a), including: |
|
(1) community primary health care services provided |
|
under Chapter 31; |
|
(2) women's and children's health services provided |
|
under Chapter 32; |
|
(3) services for children with special health care |
|
needs provided under Chapter 35; |
|
(4) epilepsy program assistance provided under |
|
Chapter 40; |
|
(5) hemophilia program assistance provided under |
|
Chapter 41; |
|
(6) kidney health care services provided under Chapter |
|
42; |
|
(7) human immunodeficiency virus infection and |
|
sexually transmitted disease prevention programs and services |
|
provided under Chapter 85; |
|
(8) immunization programs provided under Chapter 161; |
|
(9) programs and services provided by the Rio Grande |
|
State Center under Chapter 252; |
|
(10) mental health services for adults provided under |
|
Chapter 534; |
|
(11) mental health services for children provided |
|
under Chapter 534; |
|
(12) [the NorthSTAR Behavioral Health Program
|
|
provided under Chapter 534;
|
|
[(13)] programs and services provided by community |
|
mental health hospitals under Chapter 552; |
|
(13) [(14)] programs and services provided by state |
|
mental health hospitals under Chapter 552; and |
|
(14) [(15)] any other health or mental health program |
|
or service designated by the department. |
|
SECTION 2.23. Section 1001.201(2), Health and Safety Code, |
|
as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is amended to read as follows: |
|
(2) "Local mental health authority" has the meaning |
|
assigned by Section 531.002 [and includes the local behavioral
|
|
health authority for the NorthSTAR Behavioral Health Program]. |
|
ARTICLE 3. HEALTH AND HUMAN SERVICES SYSTEM ADVISORY ENTITIES |
|
SECTION 3.01. Section 262.353(d), Family Code, is amended |
|
to read as follows: |
|
(d) Not later than September 30, 2014, the department and |
|
the Department of State Health Services shall file a report with the |
|
legislature [and the Council on Children and Families] on the |
|
results of the study required by Subsection (a). The report must |
|
include: |
|
(1) each option to prevent relinquishment of parental |
|
custody that was considered during the study; |
|
(2) each option recommended for implementation, if |
|
any; |
|
(3) each option that is implemented using existing |
|
resources; |
|
(4) any policy or statutory change needed to implement |
|
a recommended option; |
|
(5) the fiscal impact of implementing each option, if |
|
any; |
|
(6) the estimated number of children and families that |
|
may be affected by the implementation of each option; and |
|
(7) any other significant information relating to the |
|
study. |
|
SECTION 3.02. (a) Section 531.012, Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
Sec. 531.012. ADVISORY COMMITTEES. (a) The executive |
|
commissioner shall establish and maintain [may appoint] advisory |
|
committees to consider issues and solicit public input across all |
|
major areas of the health and human services system, including |
|
relating to the following issues: |
|
(1) Medicaid and other social services programs; |
|
(2) managed care under Medicaid and the child health |
|
plan program; |
|
(3) health care quality initiatives; |
|
(4) aging; |
|
(5) persons with disabilities, including persons with |
|
autism; |
|
(6) rehabilitation, including for persons with brain |
|
injuries; |
|
(7) children; |
|
(8) public health; |
|
(9) behavioral health; |
|
(10) regulatory matters; |
|
(11) protective services; |
|
(12) prevention efforts; and |
|
(13) faith- and community-based initiatives. |
|
(b) Chapter 2110 applies to an advisory committee |
|
established under this section. |
|
(c) The executive commissioner shall adopt rules: |
|
(1) in compliance with Chapter 2110 to govern an |
|
advisory committee's purpose, tasks, reporting requirements, and |
|
date of abolition; and |
|
(2) related to an advisory committee's: |
|
(A) size and quorum requirements; |
|
(B) membership, including: |
|
(i) qualifications to be a member, |
|
including any experience requirements; |
|
(ii) required geographic representation; |
|
(iii) appointment procedures; and |
|
(iv) terms of members; and |
|
(C) duty to comply with the requirements for open |
|
meetings under Chapter 551. |
|
(d) An advisory committee established under this section |
|
shall report any recommendations to the executive commissioner at a |
|
meeting of the Health and Human Services Commission Executive |
|
Council established under Section 531.0051 [as needed]. |
|
(b) Not later than March 1, 2016, the executive commissioner |
|
of the Health and Human Services Commission shall adopt rules under |
|
Section 531.012, Government Code, as amended by this article. |
|
SECTION 3.03. Subchapter A, Chapter 531, Government Code, |
|
is amended by adding Section 531.0121 to read as follows: |
|
Sec. 531.0121. PUBLIC ACCESS TO ADVISORY COMMITTEE |
|
MEETINGS. (a) This section applies to an advisory committee |
|
established under Section 531.012. |
|
(b) The commission shall create a master calendar that |
|
includes all advisory committee meetings across the health and |
|
human services system. |
|
(c) The commission shall make available on the commission's |
|
Internet website: |
|
(1) the master calendar; |
|
(2) all meeting materials for an advisory committee |
|
meeting; and |
|
(3) streaming live video of each advisory committee |
|
meeting. |
|
(d) The commission shall provide Internet access in each |
|
room used for a meeting that appears on the master calendar. |
|
SECTION 3.04. Section 531.0216(b), Government Code, is |
|
amended to read as follows: |
|
(b) In developing the system, the executive commissioner by |
|
rule shall: |
|
(1) review programs and pilot projects in other states |
|
to determine the most effective method for reimbursement; |
|
(2) establish billing codes and a fee schedule for |
|
services; |
|
(3) provide for an approval process before a provider |
|
can receive reimbursement for services; |
|
(4) consult with the Department of State Health |
|
Services [and the telemedicine and telehealth advisory committee] |
|
to establish procedures to: |
|
(A) identify clinical evidence supporting |
|
delivery of health care services using a telecommunications system; |
|
and |
|
(B) annually review health care services, |
|
considering new clinical findings, to determine whether |
|
reimbursement for particular services should be denied or |
|
authorized; |
|
(5) establish a separate provider identifier for |
|
telemedicine medical services providers, telehealth services |
|
providers, and home telemonitoring services providers; and |
|
(6) establish a separate modifier for telemedicine |
|
medical services, telehealth services, and home telemonitoring |
|
services eligible for reimbursement. |
|
SECTION 3.05. Section 531.02443(e), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(e) The department, with the advice and assistance of [the
|
|
interagency task force on ensuring appropriate care settings for
|
|
persons with disabilities and] representatives of family members or |
|
legally authorized representatives of adult residents, persons |
|
with an intellectual disability, state supported living centers, |
|
and local intellectual and developmental disability authorities, |
|
shall: |
|
(1) develop an effective community living options |
|
information process; |
|
(2) create uniform procedures for the implementation |
|
of the community living options information process; and |
|
(3) minimize any potential conflict of interest |
|
regarding the community living options information process between |
|
a state supported living center and an adult resident, an adult |
|
resident's legally authorized representative, or a local |
|
intellectual and developmental disability authority. |
|
SECTION 3.06. Section 531.051(c), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(c) In adopting rules for the consumer direction models, the |
|
executive commissioner shall: |
|
(1) [with assistance from the work group established
|
|
under Section 531.052,] determine which services are appropriate |
|
and suitable for delivery through consumer direction; |
|
(2) ensure that each consumer direction model is |
|
designed to comply with applicable federal and state laws; |
|
(3) maintain procedures to ensure that a potential |
|
consumer or the consumer's legally authorized representative has |
|
adequate and appropriate information, including the |
|
responsibilities of a consumer or representative under each service |
|
delivery option, to make an informed choice among the types of |
|
consumer direction models; |
|
(4) require each consumer or the consumer's legally |
|
authorized representative to sign a statement acknowledging |
|
receipt of the information required by Subdivision (3); |
|
(5) maintain procedures to monitor delivery of |
|
services through consumer direction to ensure: |
|
(A) adherence to existing applicable program |
|
standards; |
|
(B) appropriate use of funds; and |
|
(C) consumer satisfaction with the delivery of |
|
services; |
|
(6) ensure that authorized program services that are |
|
not being delivered to a consumer through consumer direction are |
|
provided by a provider agency chosen by the consumer or the |
|
consumer's legally authorized representative; and |
|
(7) [work in conjunction with the work group
|
|
established under Section 531.052 to] set a timetable to complete |
|
the implementation of the consumer direction models. |
|
SECTION 3.07. Section 531.067, Government Code, as amended |
|
by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
Sec. 531.067. PROGRAM TO IMPROVE AND MONITOR CERTAIN |
|
OUTCOMES OF RECIPIENTS UNDER CHILD HEALTH PLAN PROGRAM AND MEDICAID |
|
[PUBLIC ASSISTANCE HEALTH BENEFIT REVIEW AND DESIGN COMMITTEE]. |
|
The [(a)
The commission shall appoint a Public Assistance Health
|
|
Benefit Review and Design Committee. The committee consists of
|
|
nine representatives of health care providers participating in
|
|
Medicaid or the child health plan program, or both. The committee
|
|
membership must include at least three representatives from each
|
|
program.
|
|
[(b)
The executive commissioner shall designate one member
|
|
to serve as presiding officer for a term of two years.
|
|
[(c)
The committee shall meet at the call of the presiding
|
|
officer.
|
|
[(d)
The committee shall review and provide recommendations
|
|
to the commission regarding health benefits and coverages provided
|
|
under Medicaid, the child health plan program, and any other
|
|
income-based health care program administered by the commission or
|
|
a health and human services agency. In performing its duties under
|
|
this subsection, the committee must:
|
|
[(1)
review benefits provided under each of the
|
|
programs; and
|
|
[(2)
review procedures for addressing high
|
|
utilization of benefits by recipients.
|
|
[(e)
The commission shall provide administrative support
|
|
and resources as necessary for the committee to perform its duties
|
|
under this section.
|
|
[(f) Section 2110.008 does not apply to the committee.
|
|
[(g) In performing the duties under this section, the] |
|
commission may design and implement a program to improve and |
|
monitor clinical and functional outcomes of a recipient of services |
|
under Medicaid or the state child health plan program. The program |
|
may use financial, clinical, and other criteria based on pharmacy, |
|
medical services, and other claims data related to Medicaid or the |
|
child health plan program. [The commission must report to the
|
|
committee on the fiscal impact, including any savings associated
|
|
with the strategies utilized under this section.] |
|
SECTION 3.08. (a) Section 531.0691, Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is redesignated as Section 531.0735, Government Code, to read |
|
as follows: |
|
Sec. 531.0735 [531.0691]. MEDICAID DRUG UTILIZATION REVIEW |
|
PROGRAM: DRUG USE REVIEWS AND ANNUAL REPORT. (a) In this section: |
|
(1) "Medicaid Drug Utilization Review Program" means |
|
the program operated by the vendor drug program to improve the |
|
quality of pharmaceutical care under Medicaid. |
|
(2) "Prospective drug use review" means the review of |
|
a patient's drug therapy and prescription drug order or medication |
|
order before dispensing or distributing a drug to the patient. |
|
(3) "Retrospective drug use review" means the review |
|
of prescription drug claims data to identify patterns of |
|
prescribing. |
|
(b) The commission shall provide for an increase in the |
|
number and types of retrospective drug use reviews performed each |
|
year under the Medicaid Drug Utilization Review Program, in |
|
comparison to the number and types of reviews performed in the state |
|
fiscal year ending August 31, 2009. |
|
(c) In determining the number and types of drug use reviews |
|
to be performed, the commission shall: |
|
(1) allow for the repeat of retrospective drug use |
|
reviews that address ongoing drug therapy problems and that, in |
|
previous years, improved client outcomes and reduced Medicaid |
|
spending; |
|
(2) consider implementing disease-specific |
|
retrospective drug use reviews that address ongoing drug therapy |
|
problems in this state and that reduced Medicaid prescription drug |
|
use expenditures in other states; and |
|
(3) regularly examine Medicaid prescription drug |
|
claims data to identify occurrences of potential drug therapy |
|
problems that may be addressed by repeating successful |
|
retrospective drug use reviews performed in this state and other |
|
states. |
|
(d) In addition to any other information required by federal |
|
law, the commission shall include the following information in the |
|
annual report regarding the Medicaid Drug Utilization Review |
|
Program: |
|
(1) a detailed description of the program's |
|
activities; and |
|
(2) estimates of cost savings anticipated to result |
|
from the program's performance of prospective and retrospective |
|
drug use reviews. |
|
(e) The cost-saving estimates for prospective drug use |
|
reviews under Subsection (d) must include savings attributed to |
|
drug use reviews performed through the vendor drug program's |
|
electronic claims processing system and clinical edits screened |
|
through the prior authorization system implemented under Section |
|
531.073. |
|
(f) The commission shall post the annual report regarding |
|
the Medicaid Drug Utilization Review Program on the commission's |
|
website. |
|
(b) Subchapter B, Chapter 531, Government Code, is amended |
|
by adding Section 531.0736 to read as follows: |
|
Sec. 531.0736. DRUG UTILIZATION REVIEW BOARD. (a) In this |
|
section, "board" means the Drug Utilization Review Board. |
|
(b) In addition to performing any other duties required by |
|
federal law, the board shall: |
|
(1) develop and submit to the commission |
|
recommendations for preferred drug lists adopted by the commission |
|
under Section 531.072; |
|
(2) suggest to the commission restrictions or clinical |
|
edits on prescription drugs; |
|
(3) recommend to the commission educational |
|
interventions for Medicaid providers; |
|
(4) review drug utilization across Medicaid; and |
|
(5) perform other duties that may be specified by law |
|
and otherwise make recommendations to the commission. |
|
(c) The executive commissioner shall determine the |
|
composition of the board, which must: |
|
(1) comply with applicable federal law, including 42 |
|
C.F.R. Section 456.716; and |
|
(2) include two representatives of managed care |
|
organizations as nonvoting members, one of whom must be a physician |
|
and one of whom must be a pharmacist. |
|
(d) Members appointed under Subsection (c)(2) may attend |
|
quarterly and other regularly scheduled meetings, but may not: |
|
(1) attend executive sessions; or |
|
(2) otherwise access confidential drug pricing |
|
information. |
|
(e) Members of the board serve staggered four-year terms. |
|
(f) The voting members of the board shall elect from among |
|
the voting members a presiding officer. |
|
(g) The board shall hold a public meeting quarterly at the |
|
call of the presiding officer and shall permit public comment |
|
before voting on any changes in the preferred drug lists. The board |
|
shall hold public meetings at other times at the call of the |
|
presiding officer. Minutes of each meeting shall be made available |
|
to the public not later than the 10th business day after the date |
|
the minutes are approved. The board may meet in executive session |
|
to discuss confidential information as described by Subsection (i). |
|
(h) In developing its recommendations for the preferred |
|
drug lists, the board shall consider the clinical efficacy, safety, |
|
and cost-effectiveness of and any program benefit associated with a |
|
product. |
|
(i) The executive commissioner shall adopt rules governing |
|
the operation of the board, including rules governing the |
|
procedures used by the board for providing notice of a meeting and |
|
rules prohibiting the board from discussing confidential |
|
information described by Section 531.071 in a public meeting. The |
|
board shall comply with the rules adopted under this subsection and |
|
Subsection (j). |
|
(j) In addition to the rules under Subsection (i), the |
|
executive commissioner by rule shall require the board or the |
|
board's designee to present a summary of any clinical efficacy and |
|
safety information or analyses regarding a drug under consideration |
|
for a preferred drug list that is provided to the board by a private |
|
entity that has contracted with the commission to provide the |
|
information. The board or the board's designee shall provide the |
|
summary in electronic form before the public meeting at which |
|
consideration of the drug occurs. Confidential information |
|
described by Section 531.071 must be omitted from the summary. The |
|
summary must be posted on the commission's Internet website. |
|
(k) To the extent feasible, the board shall review all drug |
|
classes included in the preferred drug lists adopted under Section |
|
531.072 at least once every 12 months and may recommend inclusions |
|
to and exclusions from the lists to ensure that the lists provide |
|
for cost-effective medically appropriate drug therapies for |
|
Medicaid recipients, children receiving health benefits coverage |
|
under the child health plan program, and any other affected |
|
individuals. |
|
(l) The commission shall provide administrative support and |
|
resources as necessary for the board to perform its duties. |
|
(m) Chapter 2110 does not apply to the board. |
|
(n) The commission or the commission's agent shall publicly |
|
disclose, immediately after the board's deliberations conclude, |
|
each specific drug recommended for or against preferred drug list |
|
status for each drug class included in the preferred drug list for |
|
the Medicaid vendor drug program. The disclosure must be posted on |
|
the commission's Internet website not later than the 10th business |
|
day after the date of conclusion of board deliberations that result |
|
in recommendations made to the executive commissioner regarding the |
|
placement of drugs on the preferred drug list. The public |
|
disclosure must include: |
|
(1) the general basis for the recommendation for each |
|
drug class; and |
|
(2) for each recommendation, whether a supplemental |
|
rebate agreement or a program benefit agreement was reached under |
|
Section 531.070. |
|
(c) Section 531.0692, Government Code, is redesignated as |
|
Section 531.0737, Government Code, and amended to read as follows: |
|
Sec. 531.0737 [531.0692]. [MEDICAID] DRUG UTILIZATION |
|
REVIEW BOARD: CONFLICTS OF INTEREST. (a) A member of the [board
|
|
of the Medicaid] Drug Utilization Review Board [Program] may not |
|
have a contractual relationship, ownership interest, or other |
|
conflict of interest with a pharmaceutical manufacturer or labeler |
|
or with an entity engaged by the commission to assist in the |
|
administration of the Medicaid Drug Utilization Review Program. |
|
(b) The executive commissioner may implement this section |
|
by adopting rules that identify prohibited relationships and |
|
conflicts or requiring the board to develop a conflict-of-interest |
|
policy that applies to the board. |
|
(d) Sections 531.072(c) and (e), Government Code, are |
|
amended to read as follows: |
|
(c) In making a decision regarding the placement of a drug |
|
on each of the preferred drug lists, the commission shall consider: |
|
(1) the recommendations of the Drug Utilization Review |
|
Board [Pharmaceutical and Therapeutics Committee established] |
|
under Section 531.0736 [531.074]; |
|
(2) the clinical efficacy of the drug; |
|
(3) the price of competing drugs after deducting any |
|
federal and state rebate amounts; and |
|
(4) program benefit offerings solely or in conjunction |
|
with rebates and other pricing information. |
|
(e) In this subsection, "labeler" and "manufacturer" have |
|
the meanings assigned by Section 531.070. The commission shall |
|
ensure that: |
|
(1) a manufacturer or labeler may submit written |
|
evidence supporting the inclusion of a drug on the preferred drug |
|
lists before a supplemental agreement is reached with the |
|
commission; and |
|
(2) any drug that has been approved or has had any of |
|
its particular uses approved by the United States Food and Drug |
|
Administration under a priority review classification will be |
|
reviewed by the Drug Utilization Review Board [Pharmaceutical and
|
|
Therapeutics Committee] at the next regularly scheduled meeting of |
|
the board [committee]. On receiving notice from a manufacturer or |
|
labeler of the availability of a new product, the commission, to the |
|
extent possible, shall schedule a review for the product at the next |
|
regularly scheduled meeting of the board [committee]. |
|
(e) Section 531.073(b), Government Code, is amended to read |
|
as follows: |
|
(b) The commission shall establish procedures for the prior |
|
authorization requirement under the Medicaid vendor drug program to |
|
ensure that the requirements of 42 U.S.C. Section 1396r-8(d)(5) and |
|
its subsequent amendments are met. Specifically, the procedures |
|
must ensure that: |
|
(1) a prior authorization requirement is not imposed |
|
for a drug before the drug has been considered at a meeting of the |
|
Drug Utilization Review Board [Pharmaceutical and Therapeutics
|
|
Committee established] under Section 531.0736 [531.074]; |
|
(2) there will be a response to a request for prior |
|
authorization by telephone or other telecommunications device |
|
within 24 hours after receipt of a request for prior authorization; |
|
and |
|
(3) a 72-hour supply of the drug prescribed will be |
|
provided in an emergency or if the commission does not provide a |
|
response within the time required by Subdivision (2). |
|
(f) Section 531.0741, Government Code, is amended to read as |
|
follows: |
|
Sec. 531.0741. PUBLICATION OF INFORMATION REGARDING |
|
COMMISSION DECISIONS ON PREFERRED DRUG LIST PLACEMENT. The |
|
commission shall publish on the commission's Internet website any |
|
decisions on preferred drug list placement, including: |
|
(1) a list of drugs reviewed and the commission's |
|
decision for or against placement on a preferred drug list of each |
|
drug reviewed; |
|
(2) for each recommendation, whether a supplemental |
|
rebate agreement or a program benefit agreement was reached under |
|
Section 531.070; and |
|
(3) the rationale for any departure from a |
|
recommendation of the Drug Utilization Review Board |
|
[pharmaceutical and therapeutics committee established] under |
|
Section 531.0736 [531.074]. |
|
(g) Section 531.074, Government Code, as amended by S.B. |
|
219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
repealed. |
|
(h) The term of a member serving on the Medicaid Drug |
|
Utilization Review Board on September 1, 2015, expires on that |
|
date. Not later than September 1, 2015, the executive commissioner |
|
of the Health and Human Services Commission shall appoint members |
|
to the Drug Utilization Review Board in accordance with Section |
|
531.0736, Government Code, as added by this article, for terms |
|
beginning September 2, 2015. In making the initial appointments |
|
and notwithstanding Section 531.0736(e), Government Code, as added |
|
by this article, the executive commissioner shall designate as |
|
close to one-half as possible of the members to serve for terms |
|
expiring September 1, 2017, and the remaining members to serve for |
|
terms expiring September 1, 2019. |
|
(i) Not later than January 1, 2016, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
adopt or amend rules as necessary to reflect the changes in law made |
|
to the Drug Utilization Review Board under Section 531.0736, |
|
Government Code, as added by this article, including rules that |
|
reflect the changes to the board's functions and composition. |
|
SECTION 3.09. The heading to Subchapter D, Chapter 531, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER D. PLAN TO SUPPORT GUARDIANSHIPS [GUARDIANSHIP
|
|
ADVISORY BOARD] |
|
SECTION 3.10. Section 531.124, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.124. COMMISSION DUTIES. The [(a)
With the advice
|
|
of the advisory board, the] commission shall develop and, subject |
|
to appropriations, implement a plan to: |
|
(1) ensure that each incapacitated individual in this |
|
state who needs a guardianship or another less restrictive type of |
|
assistance to make decisions concerning the incapacitated |
|
individual's own welfare and financial affairs receives that |
|
assistance; and |
|
(2) foster the establishment and growth of local |
|
volunteer guardianship programs. |
|
[(b)
The advisory board shall biennially review and comment
|
|
on the minimum standards adopted under Section 111.041 and the plan
|
|
implemented under Subsection (a) and shall include its conclusions
|
|
in the report submitted under Section 531.1235.] |
|
SECTION 3.11. Section 531.159(f), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(f) The executive commissioner by rule shall develop |
|
procedures by which to conduct the reviews required by Subsections |
|
(c), (d), and (e). [In developing the procedures, the commission
|
|
may seek input from the work group on children's long-term
|
|
services, health services, and mental health services established
|
|
under Section 22.035, Human Resources Code.] |
|
SECTION 3.12. Section 531.907(a), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(a) Based on [the recommendations of the advisory committee
|
|
established under Section 531.904 and] feedback provided by |
|
interested parties, the commission in stage two of implementing the |
|
health information exchange system may expand the system by: |
|
(1) providing an electronic health record for each |
|
child enrolled in the child health plan program; |
|
(2) including state laboratory results information in |
|
an electronic health record, including the results of newborn |
|
screenings and tests conducted under the Texas Health Steps |
|
program, based on the system developed for the health passport |
|
under Section 266.006, Family Code; |
|
(3) improving data-gathering capabilities for an |
|
electronic health record so that the record may include basic |
|
health and clinical information in addition to available claims |
|
information, as determined by the executive commissioner; |
|
(4) using evidence-based technology tools to create a |
|
unique health profile to alert health care providers regarding the |
|
need for additional care, education, counseling, or health |
|
management activities for specific patients; and |
|
(5) continuing to enhance the electronic health record |
|
created for each Medicaid recipient as technology becomes available |
|
and interoperability capabilities improve. |
|
SECTION 3.13. Section 531.909, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.909. INCENTIVES. The commission [and the advisory
|
|
committee established under Section 531.904] shall develop |
|
strategies to encourage health care providers to use the health |
|
information exchange system, including incentives, education, and |
|
outreach tools to increase usage. |
|
SECTION 3.14. Section 533.00251(c), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(c) Subject to Section 533.0025 and notwithstanding any |
|
other law, the commission [, in consultation with the advisory
|
|
committee,] shall provide benefits under Medicaid to recipients who |
|
reside in nursing facilities through the STAR + PLUS Medicaid |
|
managed care program. In implementing this subsection, the |
|
commission shall ensure: |
|
(1) that the commission is responsible for setting the |
|
minimum reimbursement rate paid to a nursing facility under the |
|
managed care program, including the staff rate enhancement paid to |
|
a nursing facility that qualifies for the enhancement; |
|
(2) that a nursing facility is paid not later than the |
|
10th day after the date the facility submits a clean claim; |
|
(3) the appropriate utilization of services |
|
consistent with criteria established by the commission; |
|
(4) a reduction in the incidence of potentially |
|
preventable events and unnecessary institutionalizations; |
|
(5) that a managed care organization providing |
|
services under the managed care program provides discharge |
|
planning, transitional care, and other education programs to |
|
physicians and hospitals regarding all available long-term care |
|
settings; |
|
(6) that a managed care organization providing |
|
services under the managed care program: |
|
(A) assists in collecting applied income from |
|
recipients; and |
|
(B) provides payment incentives to nursing |
|
facility providers that reward reductions in preventable acute care |
|
costs and encourage transformative efforts in the delivery of |
|
nursing facility services, including efforts to promote a |
|
resident-centered care culture through facility design and |
|
services provided; |
|
(7) the establishment of a portal that is in |
|
compliance with state and federal regulations, including standard |
|
coding requirements, through which nursing facility providers |
|
participating in the STAR + PLUS Medicaid managed care program may |
|
submit claims to any participating managed care organization; |
|
(8) that rules and procedures relating to the |
|
certification and decertification of nursing facility beds under |
|
Medicaid are not affected; and |
|
(9) that a managed care organization providing |
|
services under the managed care program, to the greatest extent |
|
possible, offers nursing facility providers access to: |
|
(A) acute care professionals; and |
|
(B) telemedicine, when feasible and in |
|
accordance with state law, including rules adopted by the Texas |
|
Medical Board. |
|
SECTION 3.15. Section 533.00253(b), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(b) Subject to Section 533.0025, the commission shall[, in
|
|
consultation with the advisory committee and the Children's Policy
|
|
Council established under Section 22.035, Human Resources Code,] |
|
establish a mandatory STAR Kids capitated managed care program |
|
tailored to provide Medicaid benefits to children with |
|
disabilities. The managed care program developed under this |
|
section must: |
|
(1) provide Medicaid benefits that are customized to |
|
meet the health care needs of recipients under the program through a |
|
defined system of care; |
|
(2) better coordinate care of recipients under the |
|
program; |
|
(3) improve the health outcomes of recipients; |
|
(4) improve recipients' access to health care |
|
services; |
|
(5) achieve cost containment and cost efficiency; |
|
(6) reduce the administrative complexity of |
|
delivering Medicaid benefits; |
|
(7) reduce the incidence of unnecessary |
|
institutionalizations and potentially preventable events by |
|
ensuring the availability of appropriate services and care |
|
management; |
|
(8) require a health home; and |
|
(9) coordinate and collaborate with long-term care |
|
service providers and long-term care management providers, if |
|
recipients are receiving long-term services and supports outside of |
|
the managed care organization. |
|
SECTION 3.16. Section 533.00256(a), Government Code, is |
|
amended to read as follows: |
|
(a) In consultation with [the Medicaid and CHIP
|
|
Quality-Based Payment Advisory Committee established under Section
|
|
536.002 and other] appropriate stakeholders with an interest in the |
|
provision of acute care services and long-term services and |
|
supports under the Medicaid managed care program, the commission |
|
shall: |
|
(1) establish a clinical improvement program to |
|
identify goals designed to improve quality of care and care |
|
management and to reduce potentially preventable events, as defined |
|
by Section 536.001; and |
|
(2) require managed care organizations to develop and |
|
implement collaborative program improvement strategies to address |
|
the goals. |
|
SECTION 3.17. Section 534.052, Government Code, as amended |
|
by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
Sec. 534.052. IMPLEMENTATION OF SYSTEM REDESIGN. The |
|
commission and department shall[, in consultation with the advisory
|
|
committee,] jointly implement the acute care services and long-term |
|
services and supports system for individuals with an intellectual |
|
or developmental disability in the manner and in the stages |
|
described in this chapter. |
|
SECTION 3.18. Section 534.104(d), Government Code, is |
|
amended to read as follows: |
|
(d) The department[, in consultation with the advisory
|
|
committee,] shall evaluate each submitted managed care strategy |
|
proposal and determine whether: |
|
(1) the proposed strategy satisfies the requirements |
|
of this section; and |
|
(2) the private services provider that submitted the |
|
proposal has a demonstrated ability to provide the long-term |
|
services and supports appropriate to the individuals who will |
|
receive services through the pilot program based on the proposed |
|
strategy, if implemented. |
|
SECTION 3.19. Section 534.105, Government Code, is amended |
|
to read as follows: |
|
Sec. 534.105. PILOT PROGRAM: MEASURABLE GOALS. (a) The |
|
department[, in consultation with the advisory committee,] shall |
|
identify measurable goals to be achieved by each pilot program |
|
implemented under this subchapter. The identified goals must: |
|
(1) align with information that will be collected |
|
under Section 534.108(a); and |
|
(2) be designed to improve the quality of outcomes for |
|
individuals receiving services through the pilot program. |
|
(b) The department[, in consultation with the advisory
|
|
committee,] shall propose specific strategies for achieving the |
|
identified goals. A proposed strategy may be evidence-based if |
|
there is an evidence-based strategy available for meeting the pilot |
|
program's goals. |
|
SECTION 3.20. Section 534.108(d), Government Code, is |
|
amended to read as follows: |
|
(d) On or before December 1, 2016, and December 1, 2017, the |
|
commission and the department[, in consultation with the advisory
|
|
committee,] shall review and evaluate the progress and outcomes of |
|
each pilot program implemented under this subchapter and submit a |
|
report to the legislature during the operation of the pilot |
|
programs. Each report must include recommendations for program |
|
improvement and continued implementation. |
|
SECTION 3.21. Section 534.201(d), Government Code, is |
|
amended to read as follows: |
|
(d) In implementing the transition described by Subsection |
|
(b), the commission shall develop a process to receive and evaluate |
|
input from interested statewide stakeholders [that is in addition
|
|
to the input provided by the advisory committee]. |
|
SECTION 3.22. Section 534.202(d), Government Code, is |
|
amended to read as follows: |
|
(d) In implementing the transition described by Subsection |
|
(b), the commission shall develop a process to receive and evaluate |
|
input from interested statewide stakeholders [that is in addition
|
|
to the input provided by the advisory committee]. |
|
SECTION 3.23. Section 535.051(c), Government Code, is |
|
amended to read as follows: |
|
(c) The commissioner of higher education[, in consultation
|
|
with the presiding officer of the interagency coordinating group,] |
|
shall designate one employee from an institution of higher |
|
education, as that term is defined under Section 61.003, Education |
|
Code, to serve as a liaison for faith- and community-based |
|
organizations. |
|
SECTION 3.24. Section 535.104(a), Government Code, is |
|
amended to read as follows: |
|
(a) The commission shall: |
|
(1) contract with the State Commission on National and |
|
Community Service to administer funds appropriated from the account |
|
in a manner that: |
|
(A) consolidates the capacity of and strengthens |
|
national service and community and faith- and community-based |
|
initiatives; and |
|
(B) leverages public and private funds to benefit |
|
this state; |
|
(2) develop a competitive process to be used in |
|
awarding grants from account funds that is consistent with state |
|
law and includes objective selection criteria; |
|
(3) oversee the delivery of training and other |
|
assistance activities under this subchapter; |
|
(4) develop criteria limiting awards of grants under |
|
Section 535.105(1)(A) to small and medium-sized faith- and |
|
community-based organizations that provide charitable services to |
|
persons in this state; |
|
(5) establish general state priorities for the |
|
account; |
|
(6) establish and monitor performance and outcome |
|
measures for persons to whom grants are awarded under this |
|
subchapter; and |
|
(7) establish policies and procedures to ensure that |
|
any money appropriated from the account to the commission that is |
|
allocated to build the capacity of a faith-based organization or |
|
for a faith-based initiative [, including money allocated for the
|
|
establishment of the advisory committee under Section 535.108,] is |
|
not used to advance a sectarian purpose or to engage in any form of |
|
proselytization. |
|
SECTION 3.25. Section 535.106(b), Government Code, is |
|
amended to read as follows: |
|
(b) If awarded a contract or grant under Section 535.104, |
|
the State Commission on National and Community Service must provide |
|
to the commission periodic reports on a schedule determined by the |
|
executive commissioner. The schedule of periodic reports must |
|
include an annual report that includes: |
|
(1) a specific accounting with respect to the use by |
|
that entity of money appropriated from the account, including the |
|
names of persons to whom grants have been awarded and the purposes |
|
of those grants; and |
|
(2) a summary of the efforts of the faith- and |
|
community-based liaisons designated under Section 535.051 to |
|
comply with the duties imposed by and the purposes of Section |
|
[Sections] 535.052 [and 535.053]. |
|
SECTION 3.26. Section 536.001(20), Government Code, is |
|
amended to read as follows: |
|
(20) "Potentially preventable readmission" means a |
|
return hospitalization of a person within a period specified by the |
|
commission that may have resulted from deficiencies in the care or |
|
treatment provided to the person during a previous hospital stay or |
|
from deficiencies in post-hospital discharge follow-up. The term |
|
does not include a hospital readmission necessitated by the |
|
occurrence of unrelated events after the discharge. The term |
|
includes the readmission of a person to a hospital for: |
|
(A) the same condition or procedure for which the |
|
person was previously admitted; |
|
(B) an infection or other complication resulting |
|
from care previously provided; |
|
(C) a condition or procedure that indicates that |
|
a surgical intervention performed during a previous admission was |
|
unsuccessful in achieving the anticipated outcome; or |
|
(D) another condition or procedure of a similar |
|
nature, as determined by the executive commissioner [after
|
|
consulting with the advisory committee]. |
|
SECTION 3.27. Section 536.003(a), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(a) The commission[, in consultation with the advisory
|
|
committee,] shall develop quality-based outcome and process |
|
measures that promote the provision of efficient, quality health |
|
care and that can be used in the child health plan program and |
|
Medicaid to implement quality-based payments for acute care |
|
services and long-term services and supports across all delivery |
|
models and payment systems, including fee-for-service and managed |
|
care payment systems. Subject to Subsection (a-1), the commission, |
|
in developing outcome and process measures under this section, must |
|
include measures that are based on potentially preventable events |
|
and that advance quality improvement and innovation. The |
|
commission may change measures developed: |
|
(1) to promote continuous system reform, improved |
|
quality, and reduced costs; and |
|
(2) to account for managed care organizations added to |
|
a service area. |
|
SECTION 3.28. Section 536.004(a), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(a) Using quality-based outcome and process measures |
|
developed under Section 536.003 and subject to this section, the |
|
commission, after consulting with [the advisory committee and
|
|
other] appropriate stakeholders with an interest in the provision |
|
of acute care and long-term services and supports under the child |
|
health plan program and Medicaid, shall develop quality-based |
|
payment systems, and require managed care organizations to develop |
|
quality-based payment systems, for compensating a physician or |
|
other health care provider participating in the child health plan |
|
program or Medicaid that: |
|
(1) align payment incentives with high-quality, |
|
cost-effective health care; |
|
(2) reward the use of evidence-based best practices; |
|
(3) promote the coordination of health care; |
|
(4) encourage appropriate physician and other health |
|
care provider collaboration; |
|
(5) promote effective health care delivery models; and |
|
(6) take into account the specific needs of the child |
|
health plan program enrollee and Medicaid recipient populations. |
|
SECTION 3.29. Section 536.006(a), Government Code, is |
|
amended to read as follows: |
|
(a) The commission [and the advisory committee] shall: |
|
(1) ensure transparency in the development and |
|
establishment of: |
|
(A) quality-based payment and reimbursement |
|
systems under Section 536.004 and Subchapters B, C, and D, |
|
including the development of outcome and process measures under |
|
Section 536.003; and |
|
(B) quality-based payment initiatives under |
|
Subchapter E, including the development of quality of care and |
|
cost-efficiency benchmarks under Section 536.204(a) and efficiency |
|
performance standards under Section 536.204(b); |
|
(2) develop guidelines establishing procedures for |
|
providing notice and information to, and receiving input from, |
|
managed care organizations, health care providers, including |
|
physicians and experts in the various medical specialty fields, and |
|
other stakeholders, as appropriate, for purposes of developing and |
|
establishing the quality-based payment and reimbursement systems |
|
and initiatives described under Subdivision (1); |
|
(3) in developing and establishing the quality-based |
|
payment and reimbursement systems and initiatives described under |
|
Subdivision (1), consider that as the performance of a managed care |
|
organization or physician or other health care provider improves |
|
with respect to an outcome or process measure, quality of care and |
|
cost-efficiency benchmark, or efficiency performance standard, as |
|
applicable, there will be a diminishing rate of improved |
|
performance over time; and |
|
(4) develop web-based capability to provide managed |
|
care organizations and health care providers with data on their |
|
clinical and utilization performance, including comparisons to |
|
peer organizations and providers located in this state and in the |
|
provider's respective region. |
|
SECTION 3.30. Section 536.052(b), Government Code, is |
|
amended to read as follows: |
|
(b) The commission [, after consulting with the advisory
|
|
committee,] shall develop quality of care and cost-efficiency |
|
benchmarks, including benchmarks based on a managed care |
|
organization's performance with respect to reducing potentially |
|
preventable events and containing the growth rate of health care |
|
costs. |
|
SECTION 3.31. Section 536.102(a), Government Code, is |
|
amended to read as follows: |
|
(a) Subject to this subchapter, the commission [, after
|
|
consulting with the advisory committee,] may develop and implement |
|
quality-based payment systems for health homes designed to improve |
|
quality of care and reduce the provision of unnecessary medical |
|
services. A quality-based payment system developed under this |
|
section must: |
|
(1) base payments made to a participating enrollee's |
|
health home on quality and efficiency measures that may include |
|
measurable wellness and prevention criteria and use of |
|
evidence-based best practices, sharing a portion of any realized |
|
cost savings achieved by the health home, and ensuring quality of |
|
care outcomes, including a reduction in potentially preventable |
|
events; and |
|
(2) allow for the examination of measurable wellness |
|
and prevention criteria, use of evidence-based best practices, and |
|
quality of care outcomes based on the type of primary or specialty |
|
care provider practice. |
|
SECTION 3.32. Section 536.152(a), Government Code, is |
|
amended to read as follows: |
|
(a) Subject to Subsection (b), using the data collected |
|
under Section 536.151 and the diagnosis-related groups (DRG) |
|
methodology implemented under Section 536.005, if applicable, the |
|
commission [, after consulting with the advisory committee,] shall |
|
to the extent feasible adjust child health plan and Medicaid |
|
reimbursements to hospitals, including payments made under the |
|
disproportionate share hospitals and upper payment limit |
|
supplemental payment programs, based on the hospital's performance |
|
with respect to exceeding, or failing to achieve, outcome and |
|
process measures developed under Section 536.003 that address the |
|
rates of potentially preventable readmissions and potentially |
|
preventable complications. |
|
SECTION 3.33. Section 536.202(a), Government Code, is |
|
amended to read as follows: |
|
(a) The commission shall [, after consulting with the
|
|
advisory committee,] establish payment initiatives to test the |
|
effectiveness of quality-based payment systems, alternative |
|
payment methodologies, and high-quality, cost-effective health |
|
care delivery models that provide incentives to physicians and |
|
other health care providers to develop health care interventions |
|
for child health plan program enrollees or Medicaid recipients, or |
|
both, that will: |
|
(1) improve the quality of health care provided to the |
|
enrollees or recipients; |
|
(2) reduce potentially preventable events; |
|
(3) promote prevention and wellness; |
|
(4) increase the use of evidence-based best practices; |
|
(5) increase appropriate physician and other health |
|
care provider collaboration; |
|
(6) contain costs; and |
|
(7) improve integration of acute care services and |
|
long-term services and supports, including discharge planning from |
|
acute care services to community-based long-term services and |
|
supports. |
|
SECTION 3.34. Section 536.204(a), Government Code, is |
|
amended to read as follows: |
|
(a) The executive commissioner shall [:
|
|
[(1) consult with the advisory committee to] develop |
|
quality of care and cost-efficiency benchmarks and measurable goals |
|
that a payment initiative must meet to ensure high-quality and |
|
cost-effective health care services and healthy outcomes [; and
|
|
[(2)
approve benchmarks and goals developed as
|
|
provided by Subdivision (1)]. |
|
SECTION 3.35. Section 536.251(a), Government Code, is |
|
amended to read as follows: |
|
(a) Subject to this subchapter, the commission, after |
|
consulting with [the advisory committee and other] appropriate |
|
stakeholders representing nursing facility providers with an |
|
interest in the provision of long-term services and supports, may |
|
develop and implement quality-based payment systems for Medicaid |
|
long-term services and supports providers designed to improve |
|
quality of care and reduce the provision of unnecessary services. A |
|
quality-based payment system developed under this section must base |
|
payments to providers on quality and efficiency measures that may |
|
include measurable wellness and prevention criteria and use of |
|
evidence-based best practices, sharing a portion of any realized |
|
cost savings achieved by the provider, and ensuring quality of care |
|
outcomes, including a reduction in potentially preventable events. |
|
SECTION 3.36. Section 538.052(a), Government Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(a) Subject to Subsection (b), the commission shall solicit |
|
and accept suggestions for clinical initiatives, in either written |
|
or electronic form, from: |
|
(1) a member of the state legislature; |
|
(2) the executive commissioner; |
|
(3) the commissioner of aging and disability services; |
|
(4) the commissioner of state health services; |
|
(5) the commissioner of the Department of Family and |
|
Protective Services; |
|
(6) the commissioner of assistive and rehabilitative |
|
services; |
|
(7) the medical care advisory committee established |
|
under Section 32.022, Human Resources Code; and |
|
(8) the physician payment advisory committee created |
|
under Section 32.022(d), Human Resources Code[; and
|
|
[(9)
the Electronic Health Information Exchange
|
|
System Advisory Committee established under Section 531.904]. |
|
SECTION 3.37. Sections 533A.0335(c) and (d), Health and |
|
Safety Code, as redesignated from Sections 533.0335(c) and (d), |
|
Health and Safety Code, by S.B. 219, Acts of the 84th Legislature, |
|
Regular Session, 2015, are amended to read as follows: |
|
(c) The department[, in consultation with the advisory
|
|
committee,] shall establish a prior authorization process for |
|
requests for supervised living or residential support services |
|
available in the home and community-based services (HCS) Medicaid |
|
waiver program. The process must ensure that supervised living or |
|
residential support services available in the home and |
|
community-based services (HCS) Medicaid waiver program are |
|
available only to individuals for whom a more independent setting |
|
is not appropriate or available. |
|
(d) The department shall [cooperate with the advisory
|
|
committee to] establish the prior authorization process required by |
|
Subsection (c). This subsection expires January 1, 2024. |
|
SECTION 3.38. Section 533A.03551(b), Health and Safety |
|
Code, as redesignated from Section 533.03551(b), Health and Safety |
|
Code, and amended by S.B. 219, Acts of the 84th Legislature, Regular |
|
Session, 2015, is amended to read as follows: |
|
(b) The department, in cooperation with the Texas |
|
Department of Housing and Community Affairs, the Department of |
|
Agriculture, and the Texas State Affordable Housing Corporation[,
|
|
and the Intellectual and Developmental Disability System Redesign
|
|
Advisory Committee established under Section 534.053, Government
|
|
Code], shall coordinate with federal, state, and local public |
|
housing entities as necessary to expand opportunities for |
|
accessible, affordable, and integrated housing to meet the complex |
|
needs of individuals with disabilities, including individuals with |
|
intellectual and developmental disabilities. |
|
SECTION 3.39. Sections 1002.060(c) and (e), Health and |
|
Safety Code, are amended to read as follows: |
|
(c) The commission, department, or institute or an officer |
|
or employee of the commission, department, or institute[, including
|
|
a board member,] may not disclose any information that is |
|
confidential under this section. |
|
(e) An officer or employee of the commission, department, or |
|
institute[, including a board member,] may not be examined in a |
|
civil, criminal, special, administrative, or other proceeding as to |
|
information that is confidential under this section. |
|
SECTION 3.40. Section 1002.061, Health and Safety Code, is |
|
amended by amending Subsection (c) and adding Subsection (c-1) to |
|
read as follows: |
|
(c) Except as otherwise provided by law, each of the |
|
following state agencies or systems [agency represented on the
|
|
board as a nonvoting member] shall provide funds to support the |
|
institute and implement this chapter: |
|
(1) the department; |
|
(2) the commission; |
|
(3) the Texas Department of Insurance; |
|
(4) the Employees Retirement System of Texas; |
|
(5) the Teacher Retirement System of Texas; |
|
(6) the Texas Medical Board; |
|
(7) the Department of Aging and Disability Services; |
|
(8) the Texas Workforce Commission; |
|
(9) the Texas Higher Education Coordinating Board; and |
|
(10) each state agency or system of higher education |
|
that purchases or provides health care services, as determined by |
|
the governor. |
|
(c-1) The commission shall establish a funding formula to |
|
determine the level of support each state agency or system listed in |
|
Subsection (c) is required to provide. |
|
SECTION 3.41. (a) Section 32.022(b), Human Resources |
|
Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular |
|
Session, 2015, is amended to read as follows: |
|
(b) The executive commissioner shall appoint the committee |
|
in compliance with the requirements of the federal agency |
|
administering medical assistance. The appointments shall: |
|
(1) provide for a balanced representation of the |
|
general public, providers, consumers, and other persons, state |
|
agencies, or groups with knowledge of and interest in the |
|
committee's field of work; and |
|
(2) include one member who is the representative of a |
|
managed care organization. |
|
(b) Not later than September 1, 2015, the executive |
|
commissioner of the Health and Human Services Commission shall |
|
appoint an additional member to the medical care advisory committee |
|
in accordance with Section 32.022(b)(2), Human Resources Code, as |
|
added by this article. |
|
SECTION 3.42. Section 32.0641(a), Human Resources Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
(a) To the extent permitted under and in a manner that is |
|
consistent with Title XIX, Social Security Act (42 U.S.C. Section |
|
1396 et seq.) and any other applicable law or regulation or under a |
|
federal waiver or other authorization, the executive commissioner |
|
shall adopt [, after consulting with the Medicaid and CHIP
|
|
Quality-Based Payment Advisory Committee established under Section
|
|
536.002, Government Code,] cost-sharing provisions that encourage |
|
personal accountability and appropriate utilization of health care |
|
services, including a cost-sharing provision applicable to a |
|
recipient who chooses to receive a nonemergency medical service |
|
through a hospital emergency room. |
|
SECTION 3.43. Section 1352.004(b), Insurance Code, is |
|
amended to read as follows: |
|
(b) The commissioner by rule shall require a health benefit |
|
plan issuer to provide adequate training to personnel responsible |
|
for preauthorization of coverage or utilization review under the |
|
plan. The purpose of the training is to prevent denial of coverage |
|
in violation of Section 1352.003 and to avoid confusion of medical |
|
benefits with mental health benefits. The commissioner [, in
|
|
consultation with the Texas Traumatic Brain Injury Advisory
|
|
Council,] shall prescribe by rule the basic requirements for the |
|
training described by this subsection. |
|
SECTION 3.44. Section 1352.005(b), Insurance Code, is |
|
amended to read as follows: |
|
(b) The commissioner [, in consultation with the Texas
|
|
Traumatic Brain Injury Advisory Council,] shall prescribe by rule |
|
the specific contents and wording of the notice required under this |
|
section. |
|
SECTION 3.45. (a) The following provisions of the |
|
Government Code, including provisions amended by S.B. 219, Acts of |
|
the 84th Legislature, Regular Session, 2015, are repealed: |
|
(1) Section 531.0217(j); |
|
(2) Section 531.02172; |
|
(3) Section 531.02173(c); |
|
(4) Section 531.02441; |
|
(5) Section 531.052; |
|
(6) Section 531.0571; |
|
(7) Section 531.068; |
|
(8) Sections 531.121(1), (5), and (6); |
|
(9) Section 531.122; |
|
(10) Section 531.123; |
|
(11) Section 531.1235; |
|
(12) Section 531.251; |
|
(13) Subchapters R and T, Chapter 531; |
|
(14) Section 531.904; |
|
(15) Section 533.00251(a)(1); |
|
(16) Section 533.00252; |
|
(17) Sections 533.00253(a)(1) and (f); |
|
(18) Section 533.00254; |
|
(19) Sections 533.00255(e) and (f); |
|
(20) Section 533.00285; |
|
(21) Subchapters B and C, Chapter 533; |
|
(22) Section 534.001(1); |
|
(23) Section 534.053; |
|
(24) Section 535.053; |
|
(25) Section 535.054; |
|
(26) Section 535.055; |
|
(27) Section 535.108; |
|
(28) Section 536.001(1); |
|
(29) Section 536.002; and |
|
(30) Section 536.007(b). |
|
(b) The following provisions of the Health and Safety Code, |
|
including provisions amended by S.B. 219, Acts of the 84th |
|
Legislature, Regular Session, 2015, are repealed: |
|
(1) Subchapter C, Chapter 32; |
|
(2) Section 62.151(e); |
|
(3) Section 62.1571(c); |
|
(4) Section 81.010; |
|
(5) Section 92.011; |
|
(6) Subchapter B, Chapter 92; |
|
(7) Chapter 115; |
|
(8) Section 241.187; |
|
(9) Section 533A.0335(a)(1); |
|
(10) Section 1002.001(1); |
|
(11) Section 1002.051; |
|
(12) Section 1002.052; |
|
(13) Section 1002.053; |
|
(14) Section 1002.055; |
|
(15) Section 1002.056; |
|
(16) Section 1002.057; |
|
(17) Section 1002.058; and |
|
(18) Section 1002.059. |
|
(c) The following provisions of the Human Resources Code, |
|
including provisions amended by S.B. 219, Acts of the 84th |
|
Legislature, Regular Session, 2015, are repealed: |
|
(1) Section 22.035; and |
|
(2) Section 32.022(e). |
|
SECTION 3.46. On the effective date of this article, the |
|
following advisory committees are abolished: |
|
(1) the advisory committee on Medicaid and child |
|
health plan program rate and expenditure disparities; |
|
(2) the Advisory Committee on Qualifications for |
|
Health Care Translators and Interpreters; |
|
(3) the Behavioral Health Integration Advisory |
|
Committee; |
|
(4) the Children's Policy Council; |
|
(5) the Consumer Direction Work Group; |
|
(6) the Council on Children and Families; |
|
(7) the Electronic Health Information Exchange System |
|
Advisory Committee; |
|
(8) the Guardianship Advisory Board; |
|
(9) the hospital payment advisory committee; |
|
(10) the Intellectual and Developmental Disability |
|
System Redesign Advisory Committee; |
|
(11) the Interagency Coordinating Council for HIV and |
|
Hepatitis; |
|
(12) the interagency coordinating group for faith- and |
|
community-based initiatives; |
|
(13) the interagency task force on ensuring |
|
appropriate care settings for persons with disabilities; |
|
(14) the Medicaid and CHIP Quality-Based Payment |
|
Advisory Committee; |
|
(15) each Medicaid managed care advisory committee |
|
appointed for a health care service region under Subchapter B, |
|
Chapter 533, Government Code; |
|
(16) the Perinatal Advisory Council; |
|
(17) the Public Assistance Health Benefit Review and |
|
Design Committee; |
|
(18) the renewing our communities account advisory |
|
committee; |
|
(19) the STAR + PLUS Nursing Facility Advisory |
|
Committee; |
|
(20) the STAR + PLUS Quality Council; |
|
(21) the STAR Kids Managed Care Advisory Committee; |
|
(22) the state Medicaid managed care advisory |
|
committee; |
|
(23) the task force on domestic violence; |
|
(24) the Interagency Task Force for Children With |
|
Special Needs; |
|
(25) the telemedicine and telehealth advisory |
|
committee; |
|
(26) the board of directors of the Texas Institute of |
|
Health Care Quality and Efficiency; |
|
(27) the Texas Nonprofit Council; |
|
(28) the Texas System of Care Consortium; |
|
(29) the Texas Traumatic Brain Injury Advisory |
|
Council; and |
|
(30) the volunteer advocate program advisory |
|
committee. |
|
ARTICLE 4. CONTINUATION OF HEALTH AND HUMAN SERVICES POWERS AND |
|
DUTIES |
|
SECTION 4.01. Section 531.004, Government Code, is amended |
|
to read as follows: |
|
Sec. 531.004. SUNSET PROVISION. The Health and Human |
|
Services Commission is subject to Chapter 325 (Texas Sunset Act). |
|
Unless continued in existence as provided by that chapter, the |
|
commission is abolished and this chapter expires September 1, 2027 |
|
[2015]. |
|
SECTION 4.02. Section 108.016, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 108.016. SUNSET REVIEW. Unless the commission is |
|
continued in existence in accordance with Chapter 325, Government |
|
Code (Texas Sunset Act), after the review required by Section |
|
531.004, Government Code [11.003(b)], this chapter expires on the |
|
date the commission is abolished under that section [September 1,
|
|
2015]. |
|
SECTION 4.03. Section 1001.003, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 1001.003. SUNSET PROVISION. Unless the commission is |
|
[The Department of State Health Services is subject to Chapter 325,
|
|
Government Code (Texas Sunset Act).
Unless] continued in existence |
|
as provided by Chapter 325, Government Code [that chapter], after |
|
the review required by Section 531.004, Government Code, [the
|
|
department is abolished and] this chapter expires on the date the |
|
commission is abolished under that section [September 1, 2015]. |
|
SECTION 4.04. Section 40.003, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 40.003. SUNSET PROVISION. Unless the commission is |
|
[The Department of Family and Protective Services is subject to
|
|
Chapter 325, Government Code (Texas Sunset Act).
Unless] continued |
|
in existence as provided by Chapter 325, Government Code [that
|
|
chapter], after the review required by Section 531.004, Government |
|
Code, [the department is abolished and] this chapter expires on the |
|
date the commission is abolished under that section [September 1,
|
|
2015]. |
|
SECTION 4.05. Section 117.003, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 117.003. SUNSET PROVISION. Unless the commission |
|
is [The Department of Assistive and Rehabilitative Services is
|
|
subject to Chapter 325, Government Code (Texas Sunset Act).
Unless] |
|
continued in existence as provided by Chapter 325, Government Code |
|
[that chapter], after the review required by Section 531.004, |
|
Government Code, [the department is abolished and] this chapter |
|
expires on the date the commission is abolished under that section |
|
[September 1, 2015]. |
|
SECTION 4.06. Section 161.003, Human Resources Code, as |
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
2015, is amended to read as follows: |
|
Sec. 161.003. SUNSET PROVISION. Unless the commission is |
|
[The department is subject to Chapter 325, Government Code (Texas
|
|
Sunset Act).
Unless] continued in existence as provided by Chapter |
|
325, Government Code [that chapter], after the review required by |
|
Section 531.004, Government Code, [the department is abolished and] |
|
this chapter expires on the date the commission is abolished under |
|
that section [September 1, 2015]. |
|
ARTICLE 5. FEDERAL AUTHORIZATION AND EFFECTIVE DATE |
|
SECTION 5.01. If before implementing any provision of this |
|
Act a state agency determines that a waiver or authorization from a |
|
federal agency is necessary for implementation of that provision, |
|
the agency affected by the provision shall request the waiver or |
|
authorization and may delay implementing that provision until the |
|
waiver or authorization is granted. |
|
SECTION 5.02. Except as otherwise provided by this Act, |
|
this Act takes effect September 1, 2015. |
|
|
|
* * * * * |