Texas 2009 - 81st Regular

Texas House Bill HB4154 Compare Versions

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1	1	H.B. No. 4154
2	2
3	3
4	4	AN ACT
5	5	relating to the creation by the Health and Human Services
6	6	Commission of a volunteer advocate program for certain elderly
7	7	individuals.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter B, Chapter 531, Government Code, is
10	10	amended by adding Sections 531.057 and 531.0571 to read as follows:
11	11	Sec. 531.057. VOLUNTEER ADVOCATE PROGRAM FOR THE ELDERLY.
12	12	(a) In this section:
13	13	(1) "Designated caregiver" means:
14	14	(A) a person designated as a caregiver by an
15	15	elderly individual receiving services from or under the direction
16	16	of the commission or a health and human services agency; or
17	17	(B) a court-appointed guardian of an elderly
18	18	individual receiving services from or under the direction of the
19	19	commission or a health and human services agency.
20	20	(2) "Elderly" means individuals who are at least 60
21	21	years of age.
22	22	(3) "Program" means the volunteer advocate program for
23	23	the elderly created under this section.
24	24	(4) "Volunteer advocate" means a person who
25	25	successfully completes the volunteer advocate curriculum described
26	26	by Subsection (c)(2).
27	27	(b) The executive commissioner shall coordinate with the
28	28	advisory committee established under Section 531.0571 to develop a
29	29	volunteer advocate program for the elderly receiving services from
30	30	or under the direction of the commission or a health and human
31	31	services agency.
32	32	(c) In developing the program, the executive commissioner
33	33	and the advisory committee shall adhere to the following
34	34	principles:
35	35	(1) the intent of the program is to evaluate, through
36	36	operation of pilot projects, whether providing the services of a
37	37	trained volunteer advocate selected by an elderly individual or the
38	38	individual's designated caregiver is effective in achieving the
39	39	following goals:
40	40	(A) extend the time the elderly individual can
41	41	remain in an appropriate home setting;
42	42	(B) maximize the efficiency of services
43	43	delivered to the elderly individual by focusing on services needed
44	44	to sustain family caregiving;
45	45	(C) protect the elderly individual by providing a
46	46	knowledgeable third party to review the quality of care and
47	47	services delivered to the individual and the care options available
48	48	to the individual and the individual's family; and
49	49	(D) facilitate communication between the elderly
50	50	individual or the individual's designated caregiver and providers
51	51	of health care and other services;
52	52	(2) a volunteer advocate curriculum must be
53	53	established that incorporates best practices as determined and
54	54	recognized by a professional organization recognized in the elder
55	55	health care field;
56	56	(3) the use of pro bono assistance from qualified
57	57	professionals must be maximized in developing the volunteer
58	58	advocate curriculum and designing the program;
59	59	(4) trainers must be certified on the ability to
60	60	deliver training;
61	61	(5) training shall be offered through multiple
62	62	community-based organizations; and
63	63	(6) participation in the program is voluntary and must
64	64	be initiated by the elderly individual or the individual's
65	65	designated caregiver.
66	66	(d) The executive commissioner may enter into agreements
67	67	with appropriate nonprofit organizations for the provision of
68	68	services under the program. A nonprofit organization is eligible
69	69	to provide services under the program if the organization:
70	70	(1) has significant experience in providing services
71	71	to elderly individuals;
72	72	(2) has the capacity to provide training and
73	73	supervision for individuals interested in serving as volunteer
74	74	advocates; and
75	75	(3) meets any other criteria prescribed by the
76	76	executive commissioner.
77	77	(e) The commission shall fund the program, including the
78	78	design and evaluation of pilot projects, development of the
79	79	volunteer advocate curriculum, and training of volunteers, through
80	80	existing appropriations to the commission.
81	81	(f) Notwithstanding Subsection (e), the commission may
82	82	accept gifts, grants, or donations for the program from any public
83	83	or private source to:
84	84	(1) carry out the design of the program;
85	85	(2) develop criteria for evaluation of any proposed
86	86	pilot projects operated under the program;
87	87	(3) develop a volunteer advocate training curriculum;
88	88	(4) conduct training for volunteer advocates; and
89	89	(5) develop a request for offers to conduct any
90	90	proposed pilot projects under the program.
91	91	(g) The executive commissioner may adopt rules as necessary
92	92	to implement the program.
93	93	Sec. 531.0571. VOLUNTEER ADVOCATE PROGRAM ADVISORY
94	94	COMMITTEE. (a) The executive commissioner shall appoint an
95	95	advisory committee composed of the following members:
96	96	(1) a representative of the Department of Aging and
97	97	Disability Services;
98	98	(2) a representative of the Department of Assistive
99	99	and Rehabilitative Services;
100	100	(3) a representative of the Department of State Health
101	101	Services;
102	102	(4) a representative of the Texas Silver-Haired
103	103	Legislature;
104	104	(5) a representative of an area agency on aging;
105	105	(6) a representative of United Ways of Texas;
106	106	(7) a home health provider;
107	107	(8) an assisted living provider;
108	108	(9) a nursing home provider;
109	109	(10) a representative of Texas CASA;
110	110	(11) a licensed gerontologist; and
111	111	(12) a representative of AARP.
112	112	(b) The advisory committee shall advise the executive
113	113	commissioner on the development of the volunteer advocate program
114	114	for the elderly developed under Section 531.057, including
115	115	reviewing and commenting on:
116	116	(1) program design and selection of any pilot sites
117	117	operated under the program;
118	118	(2) the volunteer advocate training curriculum;
119	119	(3) requests for oversight requirements for any pilot
120	120	projects operated under the program;
121	121	(4) evaluation of any pilot projects operated under
122	122	the program;
123	123	(5) requirements for periodic reports to the elderly
124	124	individual or the individual's designated caregiver and providers
125	125	of health care or other services; and
126	126	(6) other issues as requested by the executive
127	127	commissioner.
128	128	(b-1) Not later than December 1, 2010, the advisory
129	129	committee shall submit a report to the governor, lieutenant
130	130	governor, speaker of the house of representatives, and standing
131	131	committees of the senate and house of representatives with primary
132	132	jurisdiction over matters concerning health and human services on
133	133	the advisory committee's activities, findings, and
134	134	recommendations. This subsection expires September 1, 2011.
135	135	(c) The commission shall provide the advisory committee
136	136	with the staff support necessary to allow the committee to fulfill
137	137	its duties.
138	138	(d) A member of the advisory committee serves without
139	139	compensation but is entitled to a per diem allowance and
140	140	reimbursement at rates established for state employees for travel
141	141	expenses incurred in the performance of the member's official
142	142	duties.
143	143	(e) Expenses under Subsection (d) shall be paid from
144	144	existing appropriations to the commission but may not exceed
145	145	$50,000 per year.
146	146	(f) Chapter 2110 does not apply to the advisory committee.
147	147	SECTION 2. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2009.
152	152	______________________________ ______________________________
153	153	President of the Senate Speaker of the House
154	154	I certify that H.B. No. 4154 was passed by the House on May 6,
155	155	2009, by the following vote: Yeas 90, Nays 44, 1 present, not
156	156	voting.
157	157	______________________________
158	158	Chief Clerk of the House
159	159	I certify that H.B. No. 4154 was passed by the Senate on May
160	160	21, 2009, by the following vote: Yeas 31, Nays 0.
161	161	______________________________
162	162	Secretary of the Senate
163	163	APPROVED: _____________________
164	164	Date
165	165	_____________________
166	166	Governor