Texas 2009 - 81st Regular

Texas Senate Bill SB2407 Compare Versions

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1	1	81R35203 UM-F
2	2	By: Zaffirini, et al. S.B. No. 2407
3	3	Substitute the following for S.B. No. 2407:
4	4	By: Rose C.S.S.B. No. 2407
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of a strategic plan to improve long-term
10	10	services and supports for individuals with disabilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle I, Title 4, Government Code, is amended
13	13	by adding Chapter 536 to read as follows:
14	14	CHAPTER 536. STRATEGIC PLAN REGARDING LONG-TERM SERVICES AND
15	15	SUPPORTS FOR INDIVIDUALS WITH DISABILITIES
16	16	Sec. 536.001. PURPOSE; INTENT. (a) The purpose of this
17	17	chapter is to develop a comprehensive plan to improve Texas' system
18	18	of long-term services and supports for individuals with
19	19	disabilities, including individuals who are eligible for ICF-MR
20	20	services.
21	21	(b) It is the intent of the legislature that the system
22	22	analysis and planning effort prescribed by this chapter encompass
23	23	services for individuals with disabilities across different
24	24	programs and settings.
25	25	(c) It is the intent of the legislature that the improved
26	26	system:
27	27	(1) be based on principles of self-determination;
28	28	(2) include person-centered planning and maximize
29	29	opportunities for consumer direction for all eligible individuals;
30	30	(3) provide and expand timely access to services and
31	31	supports in the individual's setting of choice, whether in the
32	32	community or in an institution;
33	33	(4) base service provision on functional need;
34	34	(5) simplify and streamline community-based services
35	35	to ensure that, to the extent possible, all individuals have access
36	36	to the same array of services regardless of an individual's
37	37	disability;
38	38	(6) improve the quality of services delivered across
39	39	programs and settings;
40	40	(7) strengthen oversight of community-based services;
41	41	and
42	42	(8) increase the cost-effectiveness and
43	43	sustainability of long-term care services and supports.
44	44	Sec. 536.002. PRINCIPLES OF SELF-DETERMINATION. For
45	45	purposes of this chapter, "self-determination" includes the
46	46	following principles:
47	47	(1) freedom, the opportunity to choose where and with
48	48	whom one lives and how one organizes all important aspects of one's
49	49	life with freely chosen assistance as needed;
50	50	(2) authority, the ability to control some targeted
51	51	amount of public dollars;
52	52	(3) support, the ability to organize support in ways
53	53	that are unique to the individual;
54	54	(4) responsibility, the obligation to use public
55	55	dollars wisely and to contribute to one's community; and
56	56	(5) confirmation, the recognition that individuals
57	57	with disabilities must be a major part of the redesign of the human
58	58	services system of long-term care.
59	59	Sec. 536.003. CREATION OF STRATEGIC PLAN. The commission
60	60	shall create a strategic plan for the improvement of the services
61	61	and supports available for individuals with disabilities,
62	62	including individuals eligible for ICF-MR services. The commission
63	63	shall develop the plan using a clearly defined process that allows
64	64	ongoing and meaningful statewide public involvement.
65	65	Sec. 536.004. CONTENTS OF STRATEGIC PLAN. The strategic
66	66	plan required by this chapter must:
67	67	(1) assess the need for services and supports based on
68	68	current interest lists, national trends, best practices, consumer
69	69	satisfaction surveys, and any other relevant data;
70	70	(2) prescribe methods to expand timely access to
71	71	community-based services by:
72	72	(A) eliminating wait times for services of
73	73	greater than two years;
74	74	(B) developing community-based provider
75	75	capacity; and
76	76	(C) improving and expanding positive behavioral
77	77	supports in the community for adults and children;
78	78	(3) analyze current utilization management methods
79	79	for community-based services and determine necessary modifications
80	80	to ensure more timely access to services;
81	81	(4) examine local access issues for community-based
82	82	services and identify appropriate solutions;
83	83	(5) examine the current functional eligibility
84	84	criteria, functional assessment tools, and service planning
85	85	reimbursement methodology for the home and community-based
86	86	services waiver system and determine appropriate methods to modify
87	87	those protocols so individuals can access needed services,
88	88	regardless of the program in which the individual is enrolled;
89	89	(6) prescribe methods to redesign the home and
90	90	community-based services waiver system across all programs by:
91	91	(A) simplifying and streamlining the
92	92	administrative, policy, and regulatory processes to the extent
93	93	possible;
94	94	(B) ensuring that person-centered plans and
95	95	philosophy match utilization review and utilization management
96	96	methods and philosophy;
97	97	(C) permitting, to the extent allowed by federal
98	98	law, flexibility in the development of an individualized service
99	99	plan based on the needs of the individual rather than the
100	100	individual's disability label or diagnosis;
101	101	(D) ensuring that an individualized service plan
102	102	can be modified when the individual's support needs change; and
103	103	(E) implementing other strategies to streamline
104	104	services for individuals with a disability who are eligible for
105	105	waiver services;
106	106	(7) prescribe methods to improve services delivered to
107	107	individuals in state schools and state centers;
108	108	(8) prescribe methods to improve the quality of
109	109	services provided to individuals by:
110	110	(A) examining current methods and processes
111	111	related to the quality of services and identifying which methods or
112	112	processes:
113	113	(i) need further enhancements;
114	114	(ii) need to be developed; or
115	115	(iii) are effective and should be
116	116	considered for implementation across all services;
117	117	(B) increasing oversight and accountability in
118	118	community-based settings;
119	119	(C) developing an appropriate population of
120	120	qualified direct services workers in the community who are
121	121	appropriately compensated; and
122	122	(D) identifying quality measures, including
123	123	timeliness of service delivery, number of individuals served, and
124	124	types of services being received, and providing a process by which
125	125	this information is reported to the legislature on an annual basis;
126	126	and
127	127	(9) identify barriers to system improvements and make
128	128	recommendations to eliminate or address barriers to system
129	129	improvements, including any necessary statutory amendment.
130	130	SECTION 2. Not later than December 1, 2010, the Health and
131	131	Human Services Commission shall submit the strategic plan required
132	132	by Chapter 536, Government Code, as added by this Act, to the
133	133	presiding officers of the Senate Health and Human Services
134	134	Committee and the House Human Services Committee.
135	135	SECTION 3. This Act takes effect immediately if it receives
136	136	a vote of two-thirds of all the members elected to each house, as
137	137	provided by Section 39, Article III, Texas Constitution. If this
138	138	Act does not receive the vote necessary for immediate effect, this
139	139	Act takes effect September 1, 2009.