H.B. No. 802
AN ACT
relating to the creation of the lifespan respite services program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Human Resources Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. LIFESPAN RESPITE SERVICES PROGRAM
Sec. 161.151. DEFINITIONS. In this subchapter:
(1) "Chronic serious health condition" means a health
condition that:
(A) requires periodic treatment by a health care
provider, including a nurse as authorized by Chapter 301,
Occupations Code, or a physician assistant as authorized by Chapter
204, Occupations Code; and
(B) continues over an extended period, including
recurring episodes of a single underlying health condition such as
asthma, diabetes, epilepsy, or multiple sclerosis.
(2) "Respite services" means support services,
including in-home services or adult day-care services, that are
provided for the purpose of temporarily giving relief to a primary
caregiver who provides care to an individual with a chronic serious
health condition or disability.
(3) "Respite services coordinator" means a
community-based organization or local governmental entity with
which the department enters into a contract to facilitate access to
respite services under Section 161.154.
Sec. 161.152. LIFESPAN RESPITE SERVICES PROGRAM. The
department shall implement the lifespan respite services program to
promote the provision of respite services through contracts with
eligible community-based organizations or local governmental
entities.
Sec. 161.153. ELIGIBILITY. (a) A person is eligible to
participate in the program if the person:
(1) is the primary caregiver for a person who:
(A) is related to the caregiver within the second
degree of consanguinity or affinity;
(B) has a chronic serious health condition or
disability;
(C) requires assistance with one or more
activities of daily living; and
(D) is not eligible for or not able to
participate in any other existing program that provides respite
services; and
(2) meets criteria specified in rules adopted by the
executive commissioner.
(b) The executive commissioner may not specify criteria
that limit a person's eligibility based on the type of chronic
serious health condition or disability of the person receiving
care.
Sec. 161.154. RESPITE SERVICES CONTRACTS. (a) The
department shall contract with at least three eligible
community-based organizations or local governmental entities
selected by the department to:
(1) provide respite services; and
(2) facilitate access to respite services.
(b) The department may award a contract under this section
only after issuing a request for proposals for the contract.
(c) A community-based organization or local governmental
entity is eligible to contract under this section only if the
organization or entity has experience in and an existing procedure
for:
(1) coordinating support services for multiple groups
of persons who need support services, including persons with a
physical or intellectual disability and elderly persons;
(2) connecting caregivers with respite services
providers;
(3) maintaining and providing information regarding
available respite services; and
(4) conducting public awareness activities regarding
available respite services.
(d) The department shall include in each contract with a
respite services coordinator provisions requiring the coordinator
to:
(1) subject to the availability of money, provide
vouchers for respite services to caregivers participating in the
program who are not eligible for respite services provided through
other programs; and
(2) connect caregivers participating in the program
with available respite services.
(e) The department shall provide each community-based
organization or local governmental entity with which the department
contracts under this subchapter with:
(1) technical assistance; and
(2) policy and program development support.
(f) The department shall monitor a contractor's performance
under a contract entered into under this subchapter using clearly
defined and measurable performance objectives.
Sec. 161.155. RESPITE SERVICES COORDINATOR FUNCTIONS. A
respite services coordinator under contract with the department
shall:
(1) maintain information regarding respite services
providers;
(2) build partnerships with respite services
providers; and
(3) implement public awareness activities regarding
respite services.
Sec. 161.156. RULES. The executive commissioner shall adopt
rules necessary to implement this subchapter.
SECTION 2. Not later than November 1, 2010, the executive
commissioner of the Health and Human Services Commission, in
consultation with the Department of Aging and Disability Services,
shall submit a report to the governor and the Legislative Budget
Board regarding the lifespan respite services program established
under Subchapter F, Chapter 161, Human Resources Code, as added by
this Act. The report must include an evaluation of the effect of
the program on:
(1) access to respite services by primary caregivers
of persons with chronic serious health conditions or disabilities;
and
(2) Medicaid expenditures for long-term care services
provided in institutional care settings.
SECTION 3. This Act does not make an appropriation. A
provision in this Act that creates a new governmental program,
creates a new entitlement, or imposes a new duty on a governmental
entity is not mandatory during a fiscal period for which the
legislature has not made a specific appropriation to implement the
provision.
SECTION 4. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 802 was passed by the House on May 1,
2009, by the following vote: Yeas 143, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 802 on May 23, 2009, by the following vote: Yeas 141, Nays 0, 1
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 802 was passed by the Senate, with
amendments, on May 20, 2009, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor