Texas 2009 - 81st Regular

Texas Senate Bill SB271 Compare Versions

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1	1	S.B. No. 271
2	2
3	3
4	4	AN ACT
5	5	relating to informal caregiver support services and to the
6	6	appointment of a successor guardian for certain wards adjudicated
7	7	as totally incapacitated.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
10	10	is amended by adding Section 161.076 to read as follows:
11	11	Sec. 161.076. INFORMAL CAREGIVER SERVICES. (a) In this
12	12	section:
13	13	(1) "Area agency on aging" has the meaning assigned by
14	14	Section 161.075.
15	15	(2) "Local entity" means an area agency on aging or
16	16	other entity that provides services and support for older or
17	17	disabled persons and their caregivers.
18	18	(b) The department shall coordinate with area agencies on
19	19	aging and, to the extent considered feasible by the department, may
20	20	coordinate with other local entities to coordinate public awareness
21	21	outreach efforts regarding the role of informal caregivers in
22	22	long-term care situations, including efforts to raise awareness of
23	23	support services available in this state for informal caregivers.
24	24	(c) The department shall perform the following duties to
25	25	assist a local entity with outreach efforts under this section:
26	26	(1) expand an existing department website to provide a
27	27	link through which a local entity may post and access best practices
28	28	information regarding informal caregiver support; and
29	29	(2) create a document template that a local entity may
30	30	adapt as necessary to reflect resources available to informal
31	31	caregivers in the area supported by the entity.
32	32	(d) The department shall create or modify a form to be
33	33	included in the functional eligibility determination process for
34	34	long-term care benefits for older persons under the Medicaid
35	35	program and, to the extent considered feasible by the department,
36	36	may include a form in systems for other long-term care support
37	37	services. The department shall use the form to identify informal
38	38	caregivers for the purpose of enabling the department to refer the
39	39	caregivers to available support services. The form may be based on
40	40	an existing form, may include optional questions for an informal
41	41	caregiver, or may include questions from similar forms used in
42	42	other states.
43	43	(e) The department shall coordinate with area agencies on
44	44	aging and, to the extent considered feasible by the department, may
45	45	coordinate with other local entities to develop and implement a
46	46	protocol to evaluate the needs of certain informal caregivers. The
47	47	protocol must:
48	48	(1) provide guidance on the type of caregivers who
49	49	should receive an assessment; and
50	50	(2) include the use of a standardized assessment tool
51	51	that may be based on similar tools used in other states, including
52	52	the Tailored Caregiver Assessment and Referral process.
53	53	(f) The department shall require area agencies on aging and,
54	54	to the extent considered feasible by the department, other local
55	55	entities to use the protocol and assessment tool under Subsection
56	56	(e) and report the data gathered from the assessment tool to the
57	57	department.
58	58	(g) The department shall analyze the data reported under
59	59	Subsection (f) and collected from the form under Subsection (d) and
60	60	shall submit a report not later than December 1 of each
61	61	even-numbered year to the governor and the Legislative Budget Board
62	62	that summarizes the data analysis.
63	63	(g-1) Notwithstanding Subsection (g), the department shall
64	64	submit the initial report required by that subsection not later
65	65	than December 1, 2012. This subsection expires January 1, 2013.
66	66	(h) The department shall use the data analyzed under
67	67	Subsection (g) to:
68	68	(1) evaluate the needs of assessed informal
69	69	caregivers;
70	70	(2) measure the effectiveness of certain informal
71	71	caregiver support interventions;
72	72	(3) improve existing programs;
73	73	(4) develop new services as necessary to sustain
74	74	informal caregivers; and
75	75	(5) determine the effect of informal caregiving on
76	76	employment and employers.
77	77	SECTION 2. Section 161.101, Human Resources Code, is
78	78	amended by amending Subsection (d) and adding Subsection (f) to
79	79	read as follows:
80	80	(d) The department may not be required by a court to file an
81	81	application for guardianship, and except as provided by Subsection
82	82	(f) and Section 695(c), Texas Probate Code, the department may not
83	83	be appointed as permanent guardian for any individual unless the
84	84	department files an application to serve or otherwise agrees to
85	85	serve as the individual's guardian of the person or estate, or both.
86	86	(f) On appointment by a probate court under Section 695(c),
87	87	Texas Probate Code, the department shall serve as the successor
88	88	guardian of the person or estate, or both, of a ward described by
89	89	that section.
90	90	SECTION 3. Section 695, Texas Probate Code, is amended by
91	91	adding Subsections (c), (d), and (e) to read as follows:
92	92	(c) The court may appoint the Department of Aging and
93	93	Disability Services as a successor guardian of the person or
94	94	estate, or both, of a ward who has been adjudicated as totally
95	95	incapacitated if:
96	96	(1) there is no less restrictive alternative to
97	97	continuation of the guardianship;
98	98	(2) there is no family member or other suitable
99	99	person, including a guardianship program, willing and able to serve
100	100	as the ward's successor guardian;
101	101	(3) the ward is located more than 100 miles from the
102	102	court that created the guardianship;
103	103	(4) the ward has private assets or access to
104	104	government benefits to pay for the needs of the ward;
105	105	(5) the department is served with citation and a
106	106	hearing is held regarding the department's appointment as proposed
107	107	successor guardian; and
108	108	(6) the appointment of the department does not violate
109	109	a limitation imposed by Subsection (d) of this section.
110	110	(d) The number of appointments under Subsection (c) of this
111	111	section is subject to an annual limit of 55. The appointments must
112	112	be distributed equally or as near as equally as possible among the
113	113	health and human services regions of this state. The Department of
114	114	Aging and Disability Services at its discretion may establish a
115	115	different distribution scheme to promote the efficient use and
116	116	administration of resources.
117	117	(e) If the Department of Aging and Disability Services is
118	118	named as a proposed successor guardian in an application in which
119	119	the department is not the applicant, citation must be issued and
120	120	served on the department as provided by Section 633(c)(5) of this
121	121	code.
122	122	SECTION 4. If before implementing any provision of this Act
123	123	a state agency determines that a waiver or authorization from a
124	124	federal agency is necessary for implementation of that provision,
125	125	the agency affected by the provision shall request the waiver or
126	126	authorization and may delay implementing that provision until the
127	127	waiver or authorization is granted.
128	128	SECTION 5. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2009.
133	133	______________________________ ______________________________
134	134	President of the Senate Speaker of the House
135	135	I hereby certify that S.B. No. 271 passed the Senate on
136	136	March 19, 2009, by the following vote: Yeas 31, Nays 0; and that
137	137	the Senate concurred in House amendment on May 29, 2009, by the
138	138	following vote: Yeas 31, Nays 0.
139	139	______________________________
140	140	Secretary of the Senate
141	141	I hereby certify that S.B. No. 271 passed the House, with
142	142	amendment, on May 27, 2009, by the following vote: Yeas 140,
143	143	Nays 8, one present not voting.
144	144	______________________________
145	145	Chief Clerk of the House
146	146	Approved:
147	147	______________________________
148	148	Date
149	149	______________________________
150	150	Governor