81R12246 UM-D
By: Ellis S.B. No. 2360
A BILL TO BE ENTITLED
AN ACT
relating to reducing state school commitments and increasing
community services for persons with mental retardation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 533.0355(b), Health and Safety Code, is
amended to read as follows:
(b) In adopting rules under this section, the executive
commissioner must include rules regarding the following local
mental retardation authority responsibilities:
(1) access;
(2) intake;
(3) eligibility functions;
(4) enrollment, initial person-centered assessment,
and service authorization;
(5) case management services for individuals
receiving services under a Home and Community-based Services (HCS)
waiver program;
(6) utilization management;
(7) [(6)] safety net functions, including crisis
management services and assistance in accessing facility-based
care;
(8) [(7)] service coordination functions;
(9) [(8)] provision and oversight of state general
revenue services;
(10) [(9)] local planning functions, including
stakeholder involvement, technical assistance and training, and
provider complaint and resolution processes; and
(11) [(10)] processes to assure accountability in
performance, compliance, and monitoring.
SECTION 2. Subchapter A, Chapter 553, Health and Safety
Code, is amended by adding Section 553.002 to read as follows:
Sec. 553.002. STATE SCHOOL CENSUS REQUIREMENTS. (a) In this
section:
(1) "Alleged offender resident" means a resident who:
(A) was committed to or transferred to a state
school under Chapter 46B or 46C, Code of Criminal Procedure, as a
result of being charged with or convicted of a criminal offense; or
(B) is a child committed to or transferred to a
state school under Chapter 55, Family Code, as a result of being
alleged by petition or having been found to have engaged in
delinquent conduct constituting a criminal offense.
(2) "Department" means the Department of Aging and
Disability Services.
(3) "Resident" means a person with mental retardation
who resides in a state school or the ICF-MR component of the Rio
Grande State Center.
(b) On or before September 1, 2013, the total census of
residents in state schools and the ICF-MR component of the Rio
Grande State Center may not exceed 3,000 residents, excluding
alleged offender residents, and the census of each state school may
not exceed 350 residents, excluding alleged offender residents.
(c) To achieve the census requirement under Subsection (b),
the department shall:
(1) reduce the total state school census by at least
500 residents on or before September 1, 2011; and
(2) identify at least 1,500 residents who can
transition to receiving services in the community through a Section
1915(c) waiver program and transition those residents not later
than September 1, 2013.
SECTION 3. (a) The Health and Human Services Commission and
the Department of Aging and Disability Services shall jointly
conduct a study regarding the feasibility of providing medical
assistance for long-term services and supports through the Medicaid
managed care program under Chapter 533, Government Code, to persons
with mental retardation who are eligible for that assistance.
(b) Not later than December 1, 2010, the Health and Human
Services Commission and the Department of Aging and Disability
Services shall submit a report regarding the results of the study to
the governor, the Legislative Budget Board, the lieutenant
governor, the speaker of the house of representatives, the Senate
Finance Committee, the Senate Health and Human Services Committee,
the House Appropriations Committee, and the House Human Services
Committee. The report must include:
(1) a cost-benefit analysis of providing medical
assistance to persons with mental retardation in the manner
described by Subsection (a) of this section;
(2) a proposal for the implementation of the provision
of that medical assistance if implementation is feasible; and
(3) a description of any legislative action necessary
to provide that medical assistance if implementation is feasible.
SECTION 4. Not later than January 1, 2010, the executive
commissioner of the Health and Human Services Commission shall
adopt rules relating to the provision of case management services
for individuals receiving services under a Home and Community-based
Services (HCS) waiver and shall ensure that this function is
transferred to local mental retardation authorities as quickly as
possible without disrupting the provision of services.
SECTION 5. This Act takes effect September 1, 2009.