By: Klick H.B. No. 3528
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the State Supported Living Center
Realignment Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 7, Health and Safety Code, is
amended by adding Chapter 556 to read as follows:
CHAPTER 556. STATE SUPPORTED LIVING CENTER REALIGNMENT COMMISSION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 556.001. DEFINITIONS. In this chapter:
(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 6 beds.
(3) "Department" means the Department of Aging and
Disability Services.
(4) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(5) "Realignment commission" means the State
Supported Living Center Realignment Commission.
(6) "State supported living center" has the meaning
assigned by Section 531.002.
Sec. 556.002. STATE SUPPORTED LIVING CENTER REALIGNMENT
COMMISSION. The State Supported Living Center Realignment
Commission is established to evaluate and make recommendations
regarding the operation and management of state supported living
centers. The realignment commission is administratively attached
to the commission but is independent of direction by the commission
or the executive commissioner. The commission shall provide
administrative support and resources to the realignment commission
as necessary to enable the realignment commission to perform its
duties.
Sec. 556.003. SUNSET PROVISION. The State Supported Living
Center Realignment Commission is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the realignment commission is abolished and this
chapter expires September 1, 2025.
[Sections 556.004-556.020 reserved for expansion]
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 556.021. APPOINTMENT OF REALIGNMENT COMMISSION
MEMBERS. (a) The realignment commission is composed of nine
members of the public appointed as follows:
(1) three members of the public appointed by the
governor;
(2) three members appointed by the lieutenant
governor; and
(3) three members appointed by the governor from a
list provided by the speaker of the house of representatives.
(b) To be eligible for appointment to the realignment
commission, a person may not:
(1) be an agent, paid consultant, officer, or employee
of a state supported living center, state center, local mental
retardation authority, licensed provider of ICF-MR services, or
other provider of services to individuals with intellectual
disabilities;
(2) have a financial interest in a state supported
living center, state center, local mental retardation authority,
licensed provider of ICF-MR services, or other provider of services
to individuals with intellectual disabilities;
(3) be an officer, employee, or paid consultant of a
trade association in the field of residential services for
individuals with intellectual disabilities; or
(4) be related within the second degree by affinity or
consanguinity, as determined under Chapter 573, Government Code, to
a person who is an officer, employee, paid consultant, or resident
of a state supported living center, state center, local mental
retardation authority, licensed provider of ICF-MR services, or
other provider of services to individuals with intellectual
disabilities.
(c) A person may not serve as a member of the realignment
commission or act as the general counsel to the realignment
commission if the person is required to register as a lobbyist under
Chapter 305, Government Code, because of the person's activities
for compensation on behalf of a profession related to the operation
of the authority.
(d) Chapter 551, Government Code, applies to the
realignment commission.
(e) A majority of the members of the realignment commission
constitute a quorum for the transaction of business.
(f) Appointments to the realignment commission shall be
made without regard to the race, color, disability, sex, religion,
age, or national origin of the appointees.
(g) Members serve at the will of the person who appointed
the member.
Sec. 556.022. VACANCY. The governor or lieutenant governor
shall fill a vacancy on the realignment commission in the same
manner as the original appointment.
Sec. 556.023. PRESIDING OFFICER; OTHER OFFICERS;
MEETINGS. (a) The members of the realignment commission shall
elect a presiding officer and other necessary officers.
(b) The realignment commission may hold meetings in
different areas of the state.
[Sections 556.024-556.050 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES OF REALIGNMENT COMMISSION
Sec. 556.051. GENERAL POWERS AND DUTIES OF REALIGNMENT
COMMISSION. The realignment commission is responsible for
recommending the consolidation or closure of state supported living
centers in accordance with criteria and benchmarks as described by
this chapter and determined by the realignment commission. The
realignment commission is also responsible for overseeing the
implementation of the realignment commission's recommendations by
the commission and the department as required by this chapter.
Sec. 556.052. ADVISORY COMMITTEE. (a) An advisory
committee is created to assist and provide information to the
realignment commission.
(b) The advisory committee is composed of the following
representatives, appointed by the executive commissioner:
(1) one representative of the commission;
(2) one representative of the department;
(3) one representative of the Department of State
Health Services;
(4) two representatives of community services
providers;
(5) one representative of local mental retardation
authorities;
(6) two representatives of an advocacy group for
persons with disabilities; and
(7) one family member of an individual residing in a
state supported living center.
(c) The advisory committee shall study and make
recommendations to the realignment commission regarding the
evaluation and consolidation or closure of state supported living
centers.
Sec. 556.053. EVALUATION OF STATE SUPPORTED LIVING CENTERS.
(a) Each biennium, the realignment commission shall evaluate the
state supported living center system and determine which state
supported living centers should be consolidated or closed by the
commission and the department.
(b) In evaluating a state supported living center, the
realignment commission 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 remaining 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 displaced by the
consolidation or closure, including additional employment that may
be needed by community services providers if the state supported
living center is consolidated or closed;
(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 remaining state supported living
centers to accommodate persons transferred from a facility
identified for consolidation or closure;
(9) the capacity of local community services providers
to accommodate persons formerly served by the state supported
living center;
(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
realignment commission.
(c) The advisory committee to the realignment commission
may assist the realignment commission in performing the evaluation
required by this section.
(d) The realignment commission may solicit public testimony
and input during the evaluation process.
Sec. 556.054. RECOMMENDATION FOR CONSOLIDATION OR CLOSURE;
REPORT. (a) Not later than December 1 of each even-numbered year,
the realignment commission shall submit a report 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.
The report must include a specific recommendation of whether to
consolidate or close one or more state supported living centers
and, if consolidation or closure is recommended, which state
supported living center or centers should be consolidated or
closed.
(b) The realignment commission shall include in the report:
(1) the name and location of each state supported
living center to be consolidated or closed;
(2) the number of individuals that will require a
transfer to another state supported living center or a community
services provider as a result of the consolidation or closure;
(3) the number and type of community programs that
need to be developed, based on the services and supports the
realignment commission determined are not available in the
community and that resulted in commitment of individuals to the
state supported living center during the previous five years;
(4) the number and type of training competencies
needed to assist state supported living center employees in gaining
the skills needed to transfer to providing services in the
community; and
(5) any other relevant information as determined by
the realignment commission.
Sec. 556.055. EFFECT OF RECOMMENDATION. (a) The
activities of the realignment commission shall not prevent the
Health and Human Services Commission from taking action to close or
consolidate one or more state supported living centers at any time.
Sec. 556.056. MORATORIUM ON STATE SUPPORTED LIVING CENTER
PLACEMENTS. An individual with an intellectual disability may not
be admitted or committed to a state supported living center under
Chapter 593 on or after September 1, 2013, if the facility is
identified for downsizing, consolidation or closure, or if
deficient practices at the facility placed its certification at
risk based on immediate jeopardy to residents health and safety as
defined by the Centers for Medicare and Medicaid Services (CMS) or
non-compliance resulting in risk of termination of certification
within 90 days as defined by the Centers for Medicare and Medicaid
Services (CMS). The department shall ensure that individuals who
would otherwise be committed under that Chapter receive services by
ensuring programs are available to provide those services through
diversion and other community capacity building activities.
[Sections 556.057-556.100 reserved for expansion]
SECTION 2. (a) Not later than September 1, 2013, the
governor and lieutenant governor shall appoint the members of the
State Supported Living Center Realignment Commission as provided by
Chapter 556, Health and Safety Code, as added by this Act.
(b) Not later than January 1, 2014 the executive
commissioner of the Health and Human Services Commission shall
appoint the advisory committee as provided by Section 556.052,
Health and Safety Code, as added by this Act.
(c) Not later than September 1, 2013, the Department of
Aging and Disability Services shall establish and begin
implementation of the community-based group homes pilot program
under Subchapter D, Chapter 556, Health and Safety Code, as added by
this Act.
SECTION 3. 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 4. 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.