S.B. No. 271
AN ACT
relating to informal caregiver support services and to the
appointment of a successor guardian for certain wards adjudicated
as totally incapacitated.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
is amended by adding Section 161.076 to read as follows:
Sec. 161.076. INFORMAL CAREGIVER SERVICES. (a) In this
section:
(1) "Area agency on aging" has the meaning assigned by
Section 161.075.
(2) "Local entity" means an area agency on aging or
other entity that provides services and support for older or
disabled persons and their caregivers.
(b) The department shall coordinate with area agencies on
aging and, to the extent considered feasible by the department, may
coordinate with other local entities to coordinate public awareness
outreach efforts regarding the role of informal caregivers in
long-term care situations, including efforts to raise awareness of
support services available in this state for informal caregivers.
(c) The department shall perform the following duties to
assist a local entity with outreach efforts under this section:
(1) expand an existing department website to provide a
link through which a local entity may post and access best practices
information regarding informal caregiver support; and
(2) create a document template that a local entity may
adapt as necessary to reflect resources available to informal
caregivers in the area supported by the entity.
(d) The department shall create or modify a form to be
included in the functional eligibility determination process for
long-term care benefits for older persons under the Medicaid
program and, to the extent considered feasible by the department,
may include a form in systems for other long-term care support
services. The department shall use the form to identify informal
caregivers for the purpose of enabling the department to refer the
caregivers to available support services. The form may be based on
an existing form, may include optional questions for an informal
caregiver, or may include questions from similar forms used in
other states.
(e) The department shall coordinate with area agencies on
aging and, to the extent considered feasible by the department, may
coordinate with other local entities to develop and implement a
protocol to evaluate the needs of certain informal caregivers. The
protocol must:
(1) provide guidance on the type of caregivers who
should receive an assessment; and
(2) include the use of a standardized assessment tool
that may be based on similar tools used in other states, including
the Tailored Caregiver Assessment and Referral process.
(f) The department shall require area agencies on aging and,
to the extent considered feasible by the department, other local
entities to use the protocol and assessment tool under Subsection
(e) and report the data gathered from the assessment tool to the
department.
(g) The department shall analyze the data reported under
Subsection (f) and collected from the form under Subsection (d) and
shall submit a report not later than December 1 of each
even-numbered year to the governor and the Legislative Budget Board
that summarizes the data analysis.
(g-1) Notwithstanding Subsection (g), the department shall
submit the initial report required by that subsection not later
than December 1, 2012. This subsection expires January 1, 2013.
(h) The department shall use the data analyzed under
Subsection (g) to:
(1) evaluate the needs of assessed informal
caregivers;
(2) measure the effectiveness of certain informal
caregiver support interventions;
(3) improve existing programs;
(4) develop new services as necessary to sustain
informal caregivers; and
(5) determine the effect of informal caregiving on
employment and employers.
SECTION 2. Section 161.101, Human Resources Code, is
amended by amending Subsection (d) and adding Subsection (f) to
read as follows:
(d) The department may not be required by a court to file an
application for guardianship, and except as provided by Subsection
(f) and Section 695(c), Texas Probate Code, the department may not
be appointed as permanent guardian for any individual unless the
department files an application to serve or otherwise agrees to
serve as the individual's guardian of the person or estate, or both.
(f) On appointment by a probate court under Section 695(c),
Texas Probate Code, the department shall serve as the successor
guardian of the person or estate, or both, of a ward described by
that section.
SECTION 3. Section 695, Texas Probate Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) The court may appoint the Department of Aging and
Disability Services as a successor guardian of the person or
estate, or both, of a ward who has been adjudicated as totally
incapacitated if:
(1) there is no less restrictive alternative to
continuation of the guardianship;
(2) there is no family member or other suitable
person, including a guardianship program, willing and able to serve
as the ward's successor guardian;
(3) the ward is located more than 100 miles from the
court that created the guardianship;
(4) the ward has private assets or access to
government benefits to pay for the needs of the ward;
(5) the department is served with citation and a
hearing is held regarding the department's appointment as proposed
successor guardian; and
(6) the appointment of the department does not violate
a limitation imposed by Subsection (d) of this section.
(d) The number of appointments under Subsection (c) of this
section is subject to an annual limit of 55. The appointments must
be distributed equally or as near as equally as possible among the
health and human services regions of this state. The Department of
Aging and Disability Services at its discretion may establish a
different distribution scheme to promote the efficient use and
administration of resources.
(e) If the Department of Aging and Disability Services is
named as a proposed successor guardian in an application in which
the department is not the applicant, citation must be issued and
served on the department as provided by Section 633(c)(5) of this
code.
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 271 passed the Senate on
March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 29, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 271 passed the House, with
amendment, on May 27, 2009, by the following vote: Yeas 140,
Nays 8, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor