Texas 2009 - 81st Regular

Texas Senate Bill SB2360 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R12246 UM-D
2	2	By: Ellis S.B. No. 2360
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reducing state school commitments and increasing
8	8	community services for persons with mental retardation.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 533.0355(b), Health and Safety Code, is
11	11	amended to read as follows:
12	12	(b) In adopting rules under this section, the executive
13	13	commissioner must include rules regarding the following local
14	14	mental retardation authority responsibilities:
15	15	(1) access;
16	16	(2) intake;
17	17	(3) eligibility functions;
18	18	(4) enrollment, initial person-centered assessment,
19	19	and service authorization;
20	20	(5) case management services for individuals
21	21	receiving services under a Home and Community-based Services (HCS)
22	22	waiver program;
23	23	(6) utilization management;
24	24	(7) [(6)] safety net functions, including crisis
25	25	management services and assistance in accessing facility-based
26	26	care;
27	27	(8) [(7)] service coordination functions;
28	28	(9) [(8)] provision and oversight of state general
29	29	revenue services;
30	30	(10) [(9)] local planning functions, including
31	31	stakeholder involvement, technical assistance and training, and
32	32	provider complaint and resolution processes; and
33	33	(11) [(10)] processes to assure accountability in
34	34	performance, compliance, and monitoring.
35	35	SECTION 2. Subchapter A, Chapter 553, Health and Safety
36	36	Code, is amended by adding Section 553.002 to read as follows:
37	37	Sec. 553.002. STATE SCHOOL CENSUS REQUIREMENTS. (a) In this
38	38	section:
39	39	(1) "Alleged offender resident" means a resident who:
40	40	(A) was committed to or transferred to a state
41	41	school under Chapter 46B or 46C, Code of Criminal Procedure, as a
42	42	result of being charged with or convicted of a criminal offense; or
43	43	(B) is a child committed to or transferred to a
44	44	state school under Chapter 55, Family Code, as a result of being
45	45	alleged by petition or having been found to have engaged in
46	46	delinquent conduct constituting a criminal offense.
47	47	(2) "Department" means the Department of Aging and
48	48	Disability Services.
49	49	(3) "Resident" means a person with mental retardation
50	50	who resides in a state school or the ICF-MR component of the Rio
51	51	Grande State Center.
52	52	(b) On or before September 1, 2013, the total census of
53	53	residents in state schools and the ICF-MR component of the Rio
54	54	Grande State Center may not exceed 3,000 residents, excluding
55	55	alleged offender residents, and the census of each state school may
56	56	not exceed 350 residents, excluding alleged offender residents.
57	57	(c) To achieve the census requirement under Subsection (b),
58	58	the department shall:
59	59	(1) reduce the total state school census by at least
60	60	500 residents on or before September 1, 2011; and
61	61	(2) identify at least 1,500 residents who can
62	62	transition to receiving services in the community through a Section
63	63	1915(c) waiver program and transition those residents not later
64	64	than September 1, 2013.
65	65	SECTION 3. (a) The Health and Human Services Commission and
66	66	the Department of Aging and Disability Services shall jointly
67	67	conduct a study regarding the feasibility of providing medical
68	68	assistance for long-term services and supports through the Medicaid
69	69	managed care program under Chapter 533, Government Code, to persons
70	70	with mental retardation who are eligible for that assistance.
71	71	(b) Not later than December 1, 2010, the Health and Human
72	72	Services Commission and the Department of Aging and Disability
73	73	Services shall submit a report regarding the results of the study to
74	74	the governor, the Legislative Budget Board, the lieutenant
75	75	governor, the speaker of the house of representatives, the Senate
76	76	Finance Committee, the Senate Health and Human Services Committee,
77	77	the House Appropriations Committee, and the House Human Services
78	78	Committee. The report must include:
79	79	(1) a cost-benefit analysis of providing medical
80	80	assistance to persons with mental retardation in the manner
81	81	described by Subsection (a) of this section;
82	82	(2) a proposal for the implementation of the provision
83	83	of that medical assistance if implementation is feasible; and
84	84	(3) a description of any legislative action necessary
85	85	to provide that medical assistance if implementation is feasible.
86	86	SECTION 4. Not later than January 1, 2010, the executive
87	87	commissioner of the Health and Human Services Commission shall
88	88	adopt rules relating to the provision of case management services
89	89	for individuals receiving services under a Home and Community-based
90	90	Services (HCS) waiver and shall ensure that this function is
91	91	transferred to local mental retardation authorities as quickly as
92	92	possible without disrupting the provision of services.
93	93	SECTION 5. This Act takes effect September 1, 2009.