By: Klick H.B. No. 3527
A BILL TO BE ENTITLED
AN ACT
relating to the criteria and requirements for the closure,
consolidation, or consolidation plan of state supported living
centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 533.083, Health and Safety Code, is
amended to read as follows:
Sec. 533.083. CRITERIA FOR CREATION, CLOSURE, OR
CONSOLIDATION OF FACILITY. (a) The department shall establish
objective criteria for determining when a new, expanded or enhanced
program, service or facility may be needed and when a facility may
be closed or consolidated, and shall have authority to create,
close or consolidate such programs, services or facilities
accordingly.
(b) The executive commissioner by rule shall prescribe the
procedure the department must use in determining when a state
supported living center may be closed or consolidated with another
state supported living center. The rules shall require the
department to use a formula-based approach based on a state
supported living center's:
(1) changes in population;
(2) operating costs;
(3) costs per resident; and
(4) compliance with federal law.
(c) State supported living centers shall at all times be in
substantial compliance with the United States Department of Justice
Settlement Agreement Provisions.
(d) If the department determines that a state supported
living center must be closed or consolidated, the department shall
develop:
(1) a reasonable proposed timetable for actions
necessary to close or consolidate the center; and
(2) a strategy to minimize the adverse effects of
closure on the local community and the employees and residents of
the center, including job placement assistance.
(e) The department shall identify four or more state
supported living centers to begin closure and consolidation by
August 31, 2015.
SECTION 2. Subchapter D, Chapter 533, Health and Safety
Code, is amended by adding Section 533.0831 to read as follows:
Sec. 533.0831. CONSOLIDATION PLAN FOR STATE SUPPORTED
LIVING CENTERS. (a) Upon the closure of the seventh of the existing
thirteen state supported living centers, the department shall
establish a plan for the consolidation of the remaining centers.
The plan shall factor in:
(1) the remaining number of residents;
(2) projected future census;
(3) projected maintenance and operating budgets of the
remaining centers.
(b) The plan shall include a study to determine the most
appropriate, safe, and cost-effective facilities for remaining
residents. Consolidation of remaining facilities shall include
independent community living options information process,
independent relocation services, and independent ombudsman
services in all facilities.
(c) If the study determines that, as part of continuing
closure and consolidation expanded programs, enhanced services, a
community residence serving no more than four individuals or a
facility serving no more than six individuals is necessary, the
department shall expand, enhance, or establish new community-based
programs, services or facilities by entering into the following
contracts:
(1) one contract with the owner of the new and
accredited facility;
(2) one or more contracts with accredited and
qualified service providers to provide the health services that are
required by state law in a community-based program or facility; and
(3) one contract with an outside entity to perform
licensing, certification, accreditation, clinical and ethical
reviews of the required contracted services described by Subsection
(a)(2) and the new facility.
(d) An entity contracted under Subsection (a)(3) must
report to the appropriate agency or authority regarding the reviews
conducted by the entity.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules required by Section
533.083(b), Health and Safety Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2013.