By: Rose, Naishtat, Menendez H.B. No. 4154
(Senate Sponsor - Nelson)
(In the Senate - Received from the House May 7, 2009;
May 8, 2009, read first time and referred to Committee on Health and
Human Services; May 13, 2009, reported favorably by the following
vote: Yeas 9, Nays 0; May 13, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation by the Health and Human Services
Commission of a volunteer advocate program for certain elderly
individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Sections 531.057 and 531.0571 to read as follows:
Sec. 531.057. VOLUNTEER ADVOCATE PROGRAM FOR THE ELDERLY.
(a) In this section:
(1) "Designated caregiver" means:
(A) a person designated as a caregiver by an
elderly individual receiving services from or under the direction
of the commission or a health and human services agency; or
(B) a court-appointed guardian of an elderly
individual receiving services from or under the direction of the
commission or a health and human services agency.
(2) "Elderly" means individuals who are at least 60
years of age.
(3) "Program" means the volunteer advocate program for
the elderly created under this section.
(4) "Volunteer advocate" means a person who
successfully completes the volunteer advocate curriculum described
by Subsection (c)(2).
(b) The executive commissioner shall coordinate with the
advisory committee established under Section 531.0571 to develop a
volunteer advocate program for the elderly receiving services from
or under the direction of the commission or a health and human
services agency.
(c) In developing the program, the executive commissioner
and the advisory committee shall adhere to the following
principles:
(1) the intent of the program is to evaluate, through
operation of pilot projects, whether providing the services of a
trained volunteer advocate selected by an elderly individual or the
individual's designated caregiver is effective in achieving the
following goals:
(A) extend the time the elderly individual can
remain in an appropriate home setting;
(B) maximize the efficiency of services
delivered to the elderly individual by focusing on services needed
to sustain family caregiving;
(C) protect the elderly individual by providing a
knowledgeable third party to review the quality of care and
services delivered to the individual and the care options available
to the individual and the individual's family; and
(D) facilitate communication between the elderly
individual or the individual's designated caregiver and providers
of health care and other services;
(2) a volunteer advocate curriculum must be
established that incorporates best practices as determined and
recognized by a professional organization recognized in the elder
health care field;
(3) the use of pro bono assistance from qualified
professionals must be maximized in developing the volunteer
advocate curriculum and designing the program;
(4) trainers must be certified on the ability to
deliver training;
(5) training shall be offered through multiple
community-based organizations; and
(6) participation in the program is voluntary and must
be initiated by the elderly individual or the individual's
designated caregiver.
(d) The executive commissioner may enter into agreements
with appropriate nonprofit organizations for the provision of
services under the program. A nonprofit organization is eligible
to provide services under the program if the organization:
(1) has significant experience in providing services
to elderly individuals;
(2) has the capacity to provide training and
supervision for individuals interested in serving as volunteer
advocates; and
(3) meets any other criteria prescribed by the
executive commissioner.
(e) The commission shall fund the program, including the
design and evaluation of pilot projects, development of the
volunteer advocate curriculum, and training of volunteers, through
existing appropriations to the commission.
(f) Notwithstanding Subsection (e), the commission may
accept gifts, grants, or donations for the program from any public
or private source to:
(1) carry out the design of the program;
(2) develop criteria for evaluation of any proposed
pilot projects operated under the program;
(3) develop a volunteer advocate training curriculum;
(4) conduct training for volunteer advocates; and
(5) develop a request for offers to conduct any
proposed pilot projects under the program.
(g) The executive commissioner may adopt rules as necessary
to implement the program.
Sec. 531.0571. VOLUNTEER ADVOCATE PROGRAM ADVISORY
COMMITTEE. (a) The executive commissioner shall appoint an
advisory committee composed of the following members:
(1) a representative of the Department of Aging and
Disability Services;
(2) a representative of the Department of Assistive
and Rehabilitative Services;
(3) a representative of the Department of State Health
Services;
(4) a representative of the Texas Silver-Haired
Legislature;
(5) a representative of an area agency on aging;
(6) a representative of United Ways of Texas;
(7) a home health provider;
(8) an assisted living provider;
(9) a nursing home provider;
(10) a representative of Texas CASA;
(11) a licensed gerontologist; and
(12) a representative of AARP.
(b) The advisory committee shall advise the executive
commissioner on the development of the volunteer advocate program
for the elderly developed under Section 531.057, including
reviewing and commenting on:
(1) program design and selection of any pilot sites
operated under the program;
(2) the volunteer advocate training curriculum;
(3) requests for oversight requirements for any pilot
projects operated under the program;
(4) evaluation of any pilot projects operated under
the program;
(5) requirements for periodic reports to the elderly
individual or the individual's designated caregiver and providers
of health care or other services; and
(6) other issues as requested by the executive
commissioner.
(b-1) Not later than December 1, 2010, the advisory
committee shall submit a report to the governor, lieutenant
governor, speaker of the house of representatives, and standing
committees of the senate and house of representatives with primary
jurisdiction over matters concerning health and human services on
the advisory committee's activities, findings, and
recommendations. This subsection expires September 1, 2011.
(c) The commission shall provide the advisory committee
with the staff support necessary to allow the committee to fulfill
its duties.
(d) A member of the advisory committee serves without
compensation but is entitled to a per diem allowance and
reimbursement at rates established for state employees for travel
expenses incurred in the performance of the member's official
duties.
(e) Expenses under Subsection (d) shall be paid from
existing appropriations to the commission but may not exceed
$50,000 per year.
(f) Chapter 2110 does not apply to the advisory committee.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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