By: Zaffirini S.B. No. 50
(Guillen)
A BILL TO BE ENTITLED
AN ACT
relating to the Children's Policy Council, including the
composition of the council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a), (b), (e), (f), (g), (i), (j),
(k), and (l), Section 22.035, Human Resources Code, are amended to
read as follows:
(a) A work group to be known as the Children's Policy
Council shall assist the Department of Aging and Disability
Services [department], the Health and Human Services Commission
[commissioner of health and human services], the [Texas] Department
of State Health Services, the [Texas] Department of Assistive and
Rehabilitative Services [Mental Health and Mental Retardation],
and the Department of Family and Protective [and Regulatory]
Services in developing, implementing, and administering family
support policies for children with disabilities relating to:
(1) [and related] long-term services and supports;
(2) health services; and
(3) mental [care and] health services [programs for
children].
(b) The executive commissioner of the Health and Human
Services Commission [health and human services] shall appoint the
members of the work group, which must include the following:
(1) a person who is younger than 22 years of age and is
a consumer of long-term care and health programs for children;
(2) an individual who is younger than 25 years of age
and who receives or has received mental health services;
(3) relatives of consumers of long-term care and
health programs for children 26 years of age or younger;
(4) [(3)] a representative from an organization that
is an advocate for consumers of long-term care and health programs
for children;
[(4) a representative from a state agency that
provides long-term care and health programs for children;]
(5) a person from a private entity that provides
long-term care and health programs for children;
(6) a person from a public entity that provides
long-term care and health programs for children;
(7) a person with expertise in the availability of
funding and the application of funding formulas for children's
long-term care and health services;
(8) a representative from a faith-based organization;
(9) a representative from a nonspecialized community
services organization; and
(10) a representative from a business that is not
related to providing services to persons with disabilities.
(e) The Health and Human Services Commission [department
and the Texas Department of Health] shall [equally] provide
administrative support, including staff, to the work group.
(f) A member of the work group serves at the will of the
executive commissioner of the Health and Human Services Commission
[health and human services].
(g) The executive commissioner of the Health and Human
Services Commission [health and human services] shall appoint a
member of the work group to serve as a presiding officer.
(i) A member of the work group receives no additional
compensation for serving on the work group. Consumers and
relatives of consumers serving on the work group shall be
reimbursed for travel and other expenses necessary for
participation as provided in the General Appropriations Act. Other
members of the work group may not be reimbursed for travel or other
expenses incurred while conducting the business of the work group.
Reimbursement under this subsection shall be paid equally out of
funds appropriated to the Department of Aging and Disability
Services [department] and funds appropriated to the [Texas]
Department of State Health Services.
(j) The work group may [shall] study and make
recommendations in the following areas:
(1) access of a child or a child's family to effective
case management services, including case management services with a
single case manager, parent case managers, or independent case
managers;
(2) the transition needs of children who reach an age
at which they are no longer eligible for services at the [Texas]
Department of State Health Services, the Texas Education Agency,
and other applicable state agencies;
(3) the blending of funds, including case management
funding, for children needing long-term care, [and] health
services, and mental health services;
(4) collaboration and coordination of children's
services between the Department of Aging and Disability Services
[department], the [Texas] Department of State Health Services, the
[Texas] Department of Assistive and Rehabilitative Services, the
Department of Family and Protective Services [Mental Health and
Mental Retardation], and any other agency determined to be
applicable by the work group;
(5) budgeting and the use of funds appropriated for
children's long-term care services, [and children's] health
services, and mental health services;
(6) services and supports for families providing care
for children with disabilities;
(7) effective permanency planning for children who
reside in institutions or who are at risk of placement in an
institution;
(8) barriers to enforcement of regulations regarding
institutions that serve children with disabilities; and
(9) the provision of services under the medical
assistance program to children younger than 23 years of age with
disabilities or special health care needs under a waiver granted
under Section 1915(c) of the federal Social Security Act (42 U.S.C.
Section 1396n(c)).
(k) Not later than September 1 of each even-numbered year,
the work group shall report on its findings and recommendations to
the legislature and the executive commissioner of the Health and
Human Services Commission [health and human services].
(l) After evaluating and considering recommendations
reported under Subsection (k), the executive commissioner of the
Health and Human Services Commission shall adopt rules to implement
guidelines for providing long-term care, [and] health services, and
mental health services to children with disabilities.
SECTION 2. Subsection (f), Section 531.159, Government
Code, is amended to read as follows:
(f) The commission by rule shall develop procedures by which
to conduct the reviews required by Subsections (c), (d), and (e).
In developing the procedures, the commission may [shall] seek input
from the work group on children's long-term services, [care and]
health services, and mental health services [programs] established
under Section 22.035, Human Resources Code.
SECTION 3. As soon as possible after the effective date of
this Act, the executive commissioner of the Health and Human
Services Commission shall appoint three additional members to the
Children's Policy Council. In appointing members, the executive
commissioner shall consider appointing members with expertise in
mental health services.
SECTION 4. This Act takes effect September 1, 2013.