Texas 2013 - 83rd Regular

Texas Senate Bill SB50 Compare Versions

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1	1	By: Zaffirini S.B. No. 50
2	2	(Guillen)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Children's Policy Council, including the
8	8	composition of the council.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsections (a), (b), (e), (f), (g), (i), (j),
11	11	(k), and (l), Section 22.035, Human Resources Code, are amended to
12	12	read as follows:
13	13	(a) A work group to be known as the Children's Policy
14	14	Council shall assist the Department of Aging and Disability
15	15	Services [department], the Health and Human Services Commission
16	16	[commissioner of health and human services], the [Texas] Department
17	17	of State Health Services, the [Texas] Department of Assistive and
18	18	Rehabilitative Services [Mental Health and Mental Retardation],
19	19	and the Department of Family and Protective [and Regulatory]
20	20	Services in developing, implementing, and administering family
21	21	support policies for children with disabilities relating to:
22	22	(1) [and related] long-term services and supports;
23	23	(2) health services; and
24	24	(3) mental [care and] health services [programs for
25	25	children].
26	26	(b) The executive commissioner of the Health and Human
27	27	Services Commission [health and human services] shall appoint the
28	28	members of the work group, which must include the following:
29	29	(1) a person who is younger than 22 years of age and is
30	30	a consumer of long-term care and health programs for children;
31	31	(2) an individual who is younger than 25 years of age
32	32	and who receives or has received mental health services;
33	33	(3) relatives of consumers of long-term care and
34	34	health programs for children 26 years of age or younger;
35	35	(4) [(3)] a representative from an organization that
36	36	is an advocate for consumers of long-term care and health programs
37	37	for children;
38	38	[(4) a representative from a state agency that
39	39	provides long-term care and health programs for children;]
40	40	(5) a person from a private entity that provides
41	41	long-term care and health programs for children;
42	42	(6) a person from a public entity that provides
43	43	long-term care and health programs for children;
44	44	(7) a person with expertise in the availability of
45	45	funding and the application of funding formulas for children's
46	46	long-term care and health services;
47	47	(8) a representative from a faith-based organization;
48	48	(9) a representative from a nonspecialized community
49	49	services organization; and
50	50	(10) a representative from a business that is not
51	51	related to providing services to persons with disabilities.
52	52	(e) The Health and Human Services Commission [department
53	53	and the Texas Department of Health] shall [equally] provide
54	54	administrative support, including staff, to the work group.
55	55	(f) A member of the work group serves at the will of the
56	56	executive commissioner of the Health and Human Services Commission
57	57	[health and human services].
58	58	(g) The executive commissioner of the Health and Human
59	59	Services Commission [health and human services] shall appoint a
60	60	member of the work group to serve as a presiding officer.
61	61	(i) A member of the work group receives no additional
62	62	compensation for serving on the work group. Consumers and
63	63	relatives of consumers serving on the work group shall be
64	64	reimbursed for travel and other expenses necessary for
65	65	participation as provided in the General Appropriations Act. Other
66	66	members of the work group may not be reimbursed for travel or other
67	67	expenses incurred while conducting the business of the work group.
68	68	Reimbursement under this subsection shall be paid equally out of
69	69	funds appropriated to the Department of Aging and Disability
70	70	Services [department] and funds appropriated to the [Texas]
71	71	Department of State Health Services.
72	72	(j) The work group may [shall] study and make
73	73	recommendations in the following areas:
74	74	(1) access of a child or a child's family to effective
75	75	case management services, including case management services with a
76	76	single case manager, parent case managers, or independent case
77	77	managers;
78	78	(2) the transition needs of children who reach an age
79	79	at which they are no longer eligible for services at the [Texas]
80	80	Department of State Health Services, the Texas Education Agency,
81	81	and other applicable state agencies;
82	82	(3) the blending of funds, including case management
83	83	funding, for children needing long-term care, [and] health
84	84	services, and mental health services;
85	85	(4) collaboration and coordination of children's
86	86	services between the Department of Aging and Disability Services
87	87	[department], the [Texas] Department of State Health Services, the
88	88	[Texas] Department of Assistive and Rehabilitative Services, the
89	89	Department of Family and Protective Services [Mental Health and
90	90	Mental Retardation], and any other agency determined to be
91	91	applicable by the work group;
92	92	(5) budgeting and the use of funds appropriated for
93	93	children's long-term care services, [and children's] health
94	94	services, and mental health services;
95	95	(6) services and supports for families providing care
96	96	for children with disabilities;
97	97	(7) effective permanency planning for children who
98	98	reside in institutions or who are at risk of placement in an
99	99	institution;
100	100	(8) barriers to enforcement of regulations regarding
101	101	institutions that serve children with disabilities; and
102	102	(9) the provision of services under the medical
103	103	assistance program to children younger than 23 years of age with
104	104	disabilities or special health care needs under a waiver granted
105	105	under Section 1915(c) of the federal Social Security Act (42 U.S.C.
106	106	Section 1396n(c)).
107	107	(k) Not later than September 1 of each even-numbered year,
108	108	the work group shall report on its findings and recommendations to
109	109	the legislature and the executive commissioner of the Health and
110	110	Human Services Commission [health and human services].
111	111	(l) After evaluating and considering recommendations
112	112	reported under Subsection (k), the executive commissioner of the
113	113	Health and Human Services Commission shall adopt rules to implement
114	114	guidelines for providing long-term care, [and] health services, and
115	115	mental health services to children with disabilities.
116	116	SECTION 2. Subsection (f), Section 531.159, Government
117	117	Code, is amended to read as follows:
118	118	(f) The commission by rule shall develop procedures by which
119	119	to conduct the reviews required by Subsections (c), (d), and (e).
120	120	In developing the procedures, the commission may [shall] seek input
121	121	from the work group on children's long-term services, [care and]
122	122	health services, and mental health services [programs] established
123	123	under Section 22.035, Human Resources Code.
124	124	SECTION 3. As soon as possible after the effective date of
125	125	this Act, the executive commissioner of the Health and Human
126	126	Services Commission shall appoint three additional members to the
127	127	Children's Policy Council. In appointing members, the executive
128	128	commissioner shall consider appointing members with expertise in
129	129	mental health services.
130	130	SECTION 4. This Act takes effect September 1, 2013.