83R8764 EES-D
By: Collier H.B. No. 3312
A BILL TO BE ENTITLED
AN ACT
relating to an evaluation of the state supported living center
system.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. EVALUATION OF STATE SUPPORTED LIVING CENTERS.
(a) In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Community services provider" means a provider of
services under a home and community-based services waiver program
and a licensed ICF-MR provider with fewer than 16 beds.
(3) "Department" means the Department of Aging and
Disability Services.
(4) "State supported living center" has the meaning
assigned by Section 531.002, Health and Safety Code.
(b) The commission and the department shall contract with an
independent entity to conduct an evaluation of the state supported
living center system.
(c) In evaluating a state supported living center, the
independent entity shall consider the following factors:
(1) the proximity of the state supported living center
to other state supported living centers and the geographical
distribution of other state supported living centers;
(2) the proximity of the state supported living
centers to community services providers and the geographical
distribution of those providers;
(3) the administrative cost of the state supported
living center;
(4) the availability of other employment
opportunities in the area for employees who would be displaced if
the state supported living center were consolidated or closed,
including additional employment that may be needed by community
services providers on consolidation or closure;
(5) the condition of existing state supported living
center structures and existing community services providers;
(6) the marketability of the property where the state
supported living center is located, as determined in consultation
with persons with business development expertise, and whether the
property should be sold or converted to another use if the state
supported living center is consolidated or closed;
(7) the ease of client transfer capability;
(8) the capacity at other state supported living
centers to accommodate persons transferred from a facility if it is
consolidated or closed;
(9) the capacity of local community services providers
to accommodate persons served by the state supported living center
if it is consolidated or closed;
(10) identification of specialty programs and
services available at the state supported living center and whether
those programs and services are available at other state supported
living centers or from local community services providers;
(11) the history of incidents of abuse, neglect, or
exploitation at the state supported living center;
(12) the services and supports that are not available
in the community and that resulted in commitment of individuals to
the state supported living center during the previous five years;
(13) the support needs of residents in the state
supported living center and the availability of programs that
provide those services in the community;
(14) the impact of expanding community programs in the
area of the state supported living center, particularly in
historically underserved areas of the state; and
(15) any other relevant factor as determined by the
commission or department.
(d) Not later than October 1, 2014, the commission and the
department shall submit a report containing the findings of the
independent entity under this section to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the standing committee of each house of the legislature with
jurisdiction over state supported living centers.
(e) This section expires September 1, 2015.
SECTION 2. EFFECTIVE DATE. 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, 2013.