81R25504 ALB-D
By: Rose H.B. No. 3367
Substitute the following for H.B. No. 3367:
By: Rose C.S.H.B. No. 3367
A BILL TO BE ENTITLED
AN ACT
relating to informal caregiver support services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
is amended by adding Section 161.076 to read as follows:
Sec. 161.076. INFORMAL CAREGIVER SERVICES. (a) In this
section:
(1) "Area agency on aging" has the meaning assigned by
Section 161.075.
(2) "Local entity" means an area agency on aging or
other entity that provides services and support for older or
disabled persons and their caregivers.
(b) The department shall coordinate with area agencies on
aging and, to the extent considered feasible by the department, may
coordinate with other local entities to coordinate public awareness
outreach efforts regarding the role of informal caregivers in
long-term care situations, including efforts to raise awareness of
support services available in this state for informal caregivers.
(c) The department shall perform the following duties to
assist a local entity with outreach efforts under this section:
(1) expand an existing department website to provide a
link through which a local entity may post and access best practices
information regarding informal caregiver support; and
(2) create a document template that a local entity may
adapt as necessary to reflect resources available to informal
caregivers in the area supported by the entity.
(d) The department shall create or modify a form to be
included in the functional eligibility determination process for
long-term care benefits for older persons under the Medicaid
program and, to the extent considered feasible by the department,
may include a form in systems for other long-term care support
services. The department shall use the form to identify informal
caregivers for the purpose of enabling the department to refer the
caregivers to available support services. The form may be based on
an existing form, may include optional questions for an informal
caregiver, or may include questions from similar forms used in
other states.
(e) The department shall coordinate with area agencies on
aging and, to the extent considered feasible by the department, may
coordinate with other local entities to develop and implement a
protocol to evaluate the needs of certain informal caregivers. The
protocol must:
(1) provide guidance on the type of caregivers who
should receive an assessment; and
(2) include the use of a standardized assessment tool
that may be based on similar tools used in other states, including
the Tailored Caregiver Assessment and Referral process.
(f) The department shall require area agencies on aging and,
to the extent considered feasible by the department, other local
entities to use the protocol and assessment tool under Subsection
(e) and report the data gathered from the assessment tool to the
department.
(g) The department shall analyze the data reported under
Subsection (f) and collected from the form under Subsection (d),
and shall submit a report not later than December 1 of each
even-numbered year to the governor and the Legislative Budget Board
that summarizes the data analysis.
(g-1) Notwithstanding Subsection (g), the department shall
submit the initial report required by that subsection not later
than December 1, 2012. This subsection expires January 1, 2013.
(h) The department shall use the data analyzed under
Subsection (g) to:
(1) evaluate the needs of assessed informal
caregivers;
(2) measure the effectiveness of certain informal
caregiver support interventions;
(3) improve existing programs;
(4) develop new services as necessary to sustain
informal caregivers; and
(5) determine the effect of informal caregiving on
employment and employers.
SECTION 2. 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 3. This Act takes effect September 1, 2009.