Texas 2009 - 81st Regular

Texas House Bill HB802 Compare Versions

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1	1	H.B. No. 802
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the lifespan respite services program.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Chapter 161, Human Resources Code, is amended by
8	8	adding Subchapter F to read as follows:
9	9	SUBCHAPTER F. LIFESPAN RESPITE SERVICES PROGRAM
10	10	Sec. 161.151. DEFINITIONS. In this subchapter:
11	11	(1) "Chronic serious health condition" means a health
12	12	condition that:
13	13	(A) requires periodic treatment by a health care
14	14	provider, including a nurse as authorized by Chapter 301,
15	15	Occupations Code, or a physician assistant as authorized by Chapter
16	16	204, Occupations Code; and
17	17	(B) continues over an extended period, including
18	18	recurring episodes of a single underlying health condition such as
19	19	asthma, diabetes, epilepsy, or multiple sclerosis.
20	20	(2) "Respite services" means support services,
21	21	including in-home services or adult day-care services, that are
22	22	provided for the purpose of temporarily giving relief to a primary
23	23	caregiver who provides care to an individual with a chronic serious
24	24	health condition or disability.
25	25	(3) "Respite services coordinator" means a
26	26	community-based organization or local governmental entity with
27	27	which the department enters into a contract to facilitate access to
28	28	respite services under Section 161.154.
29	29	Sec. 161.152. LIFESPAN RESPITE SERVICES PROGRAM. The
30	30	department shall implement the lifespan respite services program to
31	31	promote the provision of respite services through contracts with
32	32	eligible community-based organizations or local governmental
33	33	entities.
34	34	Sec. 161.153. ELIGIBILITY. (a) A person is eligible to
35	35	participate in the program if the person:
36	36	(1) is the primary caregiver for a person who:
37	37	(A) is related to the caregiver within the second
38	38	degree of consanguinity or affinity;
39	39	(B) has a chronic serious health condition or
40	40	disability;
41	41	(C) requires assistance with one or more
42	42	activities of daily living; and
43	43	(D) is not eligible for or not able to
44	44	participate in any other existing program that provides respite
45	45	services; and
46	46	(2) meets criteria specified in rules adopted by the
47	47	executive commissioner.
48	48	(b) The executive commissioner may not specify criteria
49	49	that limit a person's eligibility based on the type of chronic
50	50	serious health condition or disability of the person receiving
51	51	care.
52	52	Sec. 161.154. RESPITE SERVICES CONTRACTS. (a) The
53	53	department shall contract with at least three eligible
54	54	community-based organizations or local governmental entities
55	55	selected by the department to:
56	56	(1) provide respite services; and
57	57	(2) facilitate access to respite services.
58	58	(b) The department may award a contract under this section
59	59	only after issuing a request for proposals for the contract.
60	60	(c) A community-based organization or local governmental
61	61	entity is eligible to contract under this section only if the
62	62	organization or entity has experience in and an existing procedure
63	63	for:
64	64	(1) coordinating support services for multiple groups
65	65	of persons who need support services, including persons with a
66	66	physical or intellectual disability and elderly persons;
67	67	(2) connecting caregivers with respite services
68	68	providers;
69	69	(3) maintaining and providing information regarding
70	70	available respite services; and
71	71	(4) conducting public awareness activities regarding
72	72	available respite services.
73	73	(d) The department shall include in each contract with a
74	74	respite services coordinator provisions requiring the coordinator
75	75	to:
76	76	(1) subject to the availability of money, provide
77	77	vouchers for respite services to caregivers participating in the
78	78	program who are not eligible for respite services provided through
79	79	other programs; and
80	80	(2) connect caregivers participating in the program
81	81	with available respite services.
82	82	(e) The department shall provide each community-based
83	83	organization or local governmental entity with which the department
84	84	contracts under this subchapter with:
85	85	(1) technical assistance; and
86	86	(2) policy and program development support.
87	87	(f) The department shall monitor a contractor's performance
88	88	under a contract entered into under this subchapter using clearly
89	89	defined and measurable performance objectives.
90	90	Sec. 161.155. RESPITE SERVICES COORDINATOR FUNCTIONS. A
91	91	respite services coordinator under contract with the department
92	92	shall:
93	93	(1) maintain information regarding respite services
94	94	providers;
95	95	(2) build partnerships with respite services
96	96	providers; and
97	97	(3) implement public awareness activities regarding
98	98	respite services.
99	99	Sec. 161.156. RULES. The executive commissioner shall adopt
100	100	rules necessary to implement this subchapter.
101	101	SECTION 2. Not later than November 1, 2010, the executive
102	102	commissioner of the Health and Human Services Commission, in
103	103	consultation with the Department of Aging and Disability Services,
104	104	shall submit a report to the governor and the Legislative Budget
105	105	Board regarding the lifespan respite services program established
106	106	under Subchapter F, Chapter 161, Human Resources Code, as added by
107	107	this Act. The report must include an evaluation of the effect of
108	108	the program on:
109	109	(1) access to respite services by primary caregivers
110	110	of persons with chronic serious health conditions or disabilities;
111	111	and
112	112	(2) Medicaid expenditures for long-term care services
113	113	provided in institutional care settings.
114	114	SECTION 3. This Act does not make an appropriation. A
115	115	provision in this Act that creates a new governmental program,
116	116	creates a new entitlement, or imposes a new duty on a governmental
117	117	entity is not mandatory during a fiscal period for which the
118	118	legislature has not made a specific appropriation to implement the
119	119	provision.
120	120	SECTION 4. This Act takes effect September 1, 2009.
121	121	______________________________ ______________________________
122	122	President of the Senate Speaker of the House
123	123	I certify that H.B. No. 802 was passed by the House on May 1,
124	124	2009, by the following vote: Yeas 143, Nays 0, 1 present, not
125	125	voting; and that the House concurred in Senate amendments to H.B.
126	126	No. 802 on May 23, 2009, by the following vote: Yeas 141, Nays 0, 1
127	127	present, not voting.
128	128	______________________________
129	129	Chief Clerk of the House
130	130	I certify that H.B. No. 802 was passed by the Senate, with
131	131	amendments, on May 20, 2009, by the following vote: Yeas 30, Nays
132	132	0.
133	133	______________________________
134	134	Secretary of the Senate
135	135	APPROVED: __________________
136	136	Date
137	137	__________________
138	138	Governor