Texas 2009 - 81st Regular

Texas House Bill HB3367 Compare Versions

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1	1	81R25504 ALB-D
2	2	By: Rose H.B. No. 3367
3	3	Substitute the following for H.B. No. 3367:
4	4	By: Rose C.S.H.B. No. 3367
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to informal caregiver support services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
12	12	is amended by adding Section 161.076 to read as follows:
13	13	Sec. 161.076. INFORMAL CAREGIVER SERVICES. (a) In this
14	14	section:
15	15	(1) "Area agency on aging" has the meaning assigned by
16	16	Section 161.075.
17	17	(2) "Local entity" means an area agency on aging or
18	18	other entity that provides services and support for older or
19	19	disabled persons and their caregivers.
20	20	(b) The department shall coordinate with area agencies on
21	21	aging and, to the extent considered feasible by the department, may
22	22	coordinate with other local entities to coordinate public awareness
23	23	outreach efforts regarding the role of informal caregivers in
24	24	long-term care situations, including efforts to raise awareness of
25	25	support services available in this state for informal caregivers.
26	26	(c) The department shall perform the following duties to
27	27	assist a local entity with outreach efforts under this section:
28	28	(1) expand an existing department website to provide a
29	29	link through which a local entity may post and access best practices
30	30	information regarding informal caregiver support; and
31	31	(2) create a document template that a local entity may
32	32	adapt as necessary to reflect resources available to informal
33	33	caregivers in the area supported by the entity.
34	34	(d) The department shall create or modify a form to be
35	35	included in the functional eligibility determination process for
36	36	long-term care benefits for older persons under the Medicaid
37	37	program and, to the extent considered feasible by the department,
38	38	may include a form in systems for other long-term care support
39	39	services. The department shall use the form to identify informal
40	40	caregivers for the purpose of enabling the department to refer the
41	41	caregivers to available support services. The form may be based on
42	42	an existing form, may include optional questions for an informal
43	43	caregiver, or may include questions from similar forms used in
44	44	other states.
45	45	(e) The department shall coordinate with area agencies on
46	46	aging and, to the extent considered feasible by the department, may
47	47	coordinate with other local entities to develop and implement a
48	48	protocol to evaluate the needs of certain informal caregivers. The
49	49	protocol must:
50	50	(1) provide guidance on the type of caregivers who
51	51	should receive an assessment; and
52	52	(2) include the use of a standardized assessment tool
53	53	that may be based on similar tools used in other states, including
54	54	the Tailored Caregiver Assessment and Referral process.
55	55	(f) The department shall require area agencies on aging and,
56	56	to the extent considered feasible by the department, other local
57	57	entities to use the protocol and assessment tool under Subsection
58	58	(e) and report the data gathered from the assessment tool to the
59	59	department.
60	60	(g) The department shall analyze the data reported under
61	61	Subsection (f) and collected from the form under Subsection (d),
62	62	and shall submit a report not later than December 1 of each
63	63	even-numbered year to the governor and the Legislative Budget Board
64	64	that summarizes the data analysis.
65	65	(g-1) Notwithstanding Subsection (g), the department shall
66	66	submit the initial report required by that subsection not later
67	67	than December 1, 2012. This subsection expires January 1, 2013.
68	68	(h) The department shall use the data analyzed under
69	69	Subsection (g) to:
70	70	(1) evaluate the needs of assessed informal
71	71	caregivers;
72	72	(2) measure the effectiveness of certain informal
73	73	caregiver support interventions;
74	74	(3) improve existing programs;
75	75	(4) develop new services as necessary to sustain
76	76	informal caregivers; and
77	77	(5) determine the effect of informal caregiving on
78	78	employment and employers.
79	79	SECTION 2. If before implementing any provision of this Act
80	80	a state agency determines that a waiver or authorization from a
81	81	federal agency is necessary for implementation of that provision,
82	82	the agency affected by the provision shall request the waiver or
83	83	authorization and may delay implementing that provision until the
84	84	waiver or authorization is granted.
85	85	SECTION 3. This Act takes effect September 1, 2009.