Texas 2015 - 84th Regular

Texas House Bill HB2304 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R4531 JSL/ADM-D
2	2	By: Price H.B. No. 2304
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Health and Human
8	8	Services Commission and the provision of health and human services
9	9	in this state.
10	10	ARTICLE 1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM
11	11	SECTION 1.01. (a) Chapter 531, Government Code, is amended
12	12	by adding Subchapter A-1 to read as follows:
13	13	SUBCHAPTER A-1. CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM
14	14	Sec. 531.0201. TRANSFERS TO COMMISSION. (a) On the dates
15	15	specified in the transition plan required under Section 531.0204,
16	16	the powers, duties, functions, programs, and activities of each
17	17	state agency or entity abolished by Section 531.0202 are
18	18	transferred to the commission as provided by this subchapter.
19	19	(b) On the dates described by Subsection (a):
20	20	(1) all obligations and contracts of a state agency or
21	21	entity abolished by Section 531.0202 are transferred to the
22	22	commission;
23	23	(2) all property and records in the custody of a state
24	24	agency or entity abolished by Section 531.0202 and all funds
25	25	appropriated by the legislature to the state agency or entity shall
26	26	be transferred to the commission; and
27	27	(3) all complaints, investigations, or contested
28	28	cases that are pending before a state agency or entity abolished by
29	29	Section 531.0202 or a governing person or entity of the state agency
30	30	or entity are transferred without change in status to the
31	31	commission.
32	32	(c) A rule, policy, or form adopted by or on behalf of a
33	33	state agency or entity abolished by Section 531.0202 is a rule,
34	34	policy, or form of the commission and remains in effect:
35	35	(1) until altered by the commission; or
36	36	(2) unless it conflicts with a rule, policy, or form of
37	37	the commission.
38	38	(d) A license, permit, or certification in effect that was
39	39	issued by a state agency or entity abolished by Section 531.0202 is
40	40	continued in effect as a license, permit, or certification of the
41	41	commission.
42	42	Sec. 531.0202. ABOLITION OF STATE AGENCIES AND ENTITIES.
43	43	(a) On the dates specified in the transition plan required under
44	44	Section 531.0204, the following state agencies and entities are
45	45	abolished and their respective powers, duties, functions,
46	46	programs, and activities are transferred to the commission in
47	47	accordance with Section 531.0201:
48	48	(1) the Department of Aging and Disability Services;
49	49	(2) the Department of Assistive and Rehabilitative
50	50	Services;
51	51	(3) the Department of Family and Protective Services;
52	52	(4) the Department of State Health Services;
53	53	(5) the Health and Human Services Council;
54	54	(6) the Aging and Disability Services Council;
55	55	(7) the Assistive and Rehabilitative Services
56	56	Council;
57	57	(8) the Family and Protective Services Council;
58	58	(9) the State Health Services Council;
59	59	(10) the Office for the Prevention of Developmental
60	60	Disabilities; and
61	61	(11) the Texas Council on Autism and Pervasive
62	62	Developmental Disorders.
63	63	(b) The abolition of a state agency or entity listed in
64	64	Subsection (a) and the transfer of its powers, duties, functions,
65	65	programs, activities, obligations, rights, contracts, records,
66	66	property, funds, and employees to the commission as provided by
67	67	this subchapter do not affect or impair an act done, any obligation,
68	68	right, order, permit, certificate, rule, criterion, standard, or
69	69	requirement existing, or any penalty accrued under former law, and
70	70	that law remains in effect for any action concerning those matters.
71	71	Sec. 531.0203. HEALTH AND HUMAN SERVICES TRANSITION
72	72	LEGISLATIVE OVERSIGHT COMMITTEE. (a) In this section, "committee"
73	73	means the Health and Human Services Transition Legislative
74	74	Oversight Committee established under this section.
75	75	(b) The Health and Human Services Transition Legislative
76	76	Oversight Committee is created to facilitate the transfer of
77	77	powers, duties, functions, programs, and activities from the state
78	78	agencies and entities subject to abolition under Section 531.0202
79	79	to the commission as provided by this subchapter with a minimal
80	80	negative effect on the delivery of services provided by those state
81	81	agencies and entities.
82	82	(c) The committee is composed of 11 voting members, as
83	83	follows:
84	84	(1) four members of the senate, appointed by the
85	85	lieutenant governor;
86	86	(2) four members of the house of representatives,
87	87	appointed by the speaker of the house of representatives; and
88	88	(3) three members of the public, appointed by the
89	89	governor.
90	90	(d) The executive commissioner serves as an ex officio,
91	91	nonvoting member of the committee.
92	92	(e) A member of the committee serves at the pleasure of the
93	93	appointing official.
94	94	(f) The lieutenant governor and the speaker of the house of
95	95	representatives shall each designate a presiding co-chair from
96	96	among their respective appointments.
97	97	(g) A member of the committee may not receive compensation
98	98	for serving on the committee but is entitled to reimbursement for
99	99	travel expenses incurred by the member while conducting the
100	100	business of the committee as provided by the General Appropriations
101	101	Act.
102	102	(h) The committee shall:
103	103	(1) facilitate the transfer of powers, duties,
104	104	functions, programs, and activities from the state agencies and
105	105	entities subject to abolition under Section 531.0202 to the
106	106	commission as provided by this subchapter with a minimal negative
107	107	effect on the delivery of services provided by those agencies and
108	108	entities;
109	109	(2) with assistance from the commission and the state
110	110	agencies and entities subject to abolition under Section 531.0202,
111	111	advise the executive commissioner concerning:
112	112	(A) the powers, duties, functions, programs, and
113	113	activities to be transferred under this subchapter and the funds
114	114	and obligations that are related to the powers, duties, functions,
115	115	programs, or activities;
116	116	(B) the transfer of the powers, duties,
117	117	functions, programs, activities, records, property, funds,
118	118	obligations, and employees by the state agencies and entities as
119	119	provided by this subchapter; and
120	120	(C) the reorganization of the commission's
121	121	administrative structure in accordance with this subchapter,
122	122	Sections 531.0055, 531.00561, and 531.00562, and other provisions
123	123	enacted by the 84th Legislature that become law; and
124	124	(3) meet:
125	125	(A) during the period between the establishment
126	126	of the committee and August 31, 2016, at least quarterly at the call
127	127	of either chair, in addition to meeting at other times as determined
128	128	appropriate by either chair; and
129	129	(B) during the period between September 1, 2016,
130	130	and August 31, 2023, at least annually at the call of either chair,
131	131	in addition to meeting at other times as determined appropriate by
132	132	either chair.
133	133	(i) Chapter 551 applies to the committee.
134	134	(j) The committee shall submit a report to the governor,
135	135	lieutenant governor, and speaker of the house of representatives
136	136	not later than December 1 of each even-numbered year. The report
137	137	must include an update on the progress of and issues related to:
138	138	(1) the transfer of powers, duties, functions,
139	139	programs, and activities from the state agencies and entities
140	140	subject to abolition under Section 531.0202 to the commission as
141	141	provided by this subchapter; and
142	142	(2) the reorganization of the commission's
143	143	administrative structure in accordance with this subchapter,
144	144	Sections 531.0055, 531.00561, and 531.00562, and other provisions
145	145	enacted by the 84th Legislature that become law.
146	146	(k) The committee is abolished September 1, 2023.
147	147	Sec. 531.0204. TRANSITION AND WORK PLAN FOR IMPLEMENTATION
148	148	OF CONSOLIDATION. (a) The transfer of powers, duties, functions,
149	149	programs, and activities under Section 531.0201 to the commission
150	150	must be accomplished in accordance with a transition plan developed
151	151	by the executive commissioner. The transition plan must:
152	152	(1) include an outline of the commission's reorganized
153	153	structure, including its divisions, in accordance with this
154	154	subchapter, Sections 531.00561 and 531.00562, and other provisions
155	155	enacted by the 84th Legislature that become law;
156	156	(2) include a broad plan and schedule that specify the
157	157	date on which each state agency or entity subject to abolition under
158	158	Section 531.0202 is abolished and the respective transfers under
159	159	Section 531.0201 are accomplished, and the date on which each
160	160	division of the commission is created and its director is
161	161	appointed; and
162	162	(3) require all transfers under Section 531.0201 to be
163	163	accomplished not later than September 1, 2016.
164	164	(b) In developing the transition plan, the executive
165	165	commissioner shall hold public hearings in various geographic areas
166	166	in this state before submitting the plan to the Health and Human
167	167	Services Transition Legislative Oversight Committee, the governor,
168	168	and the Legislative Budget Board as required by Subsection (d).
169	169	(c) Not later than the deadline specified by Subsection
170	170	(a)(3), the commission shall begin administering the powers,
171	171	duties, functions, programs, and activities assigned to the
172	172	commission under this subchapter. The assumption of the
173	173	administration of the powers, duties, functions, programs, and
174	174	activities must be accomplished in accordance with a detailed work
175	175	plan designed by the commission to ensure that the transfer and
176	176	provision of health and human services in this state are
177	177	accomplished in a careful and deliberative manner. The work plan
178	178	must include details regarding the movement and specific timelines
179	179	for the transfer of programs administered by the state agencies and
180	180	entities subject to abolition under Section 531.0202 to the
181	181	commission under this subchapter.
182	182	(d) The executive commissioner shall submit the transition
183	183	plan and the work plan to the Health and Human Services Transition
184	184	Legislative Oversight Committee, the governor, and the Legislative
185	185	Budget Board not later than December 1, 2015. The committee must
186	186	approve the transition plan before the transition and work plans
187	187	may be implemented.
188	188	(e) The executive commissioner shall publish in the Texas
189	189	Register:
190	190	(1) the transition plan developed under this section;
191	191	and
192	192	(2) any changes to the transition plan required by the
193	193	Health and Human Services Transition Legislative Oversight
194	194	Committee.
195	195	Sec. 531.0205. APPLICABILITY OF FORMER LAW. An action
196	196	brought or proceeding commenced before the date of a transfer
197	197	prescribed by this subchapter in accordance with the transition
198	198	plan required under Section 531.0204, including a contested case or
199	199	a remand of an action or proceeding by a reviewing court, is
200	200	governed by the laws and rules applicable to the action or
201	201	proceeding before the transfer.
202	202	Sec. 531.0206. LIMITED-SCOPE SUNSET REVIEW. (a) The
203	203	Sunset Advisory Commission shall conduct a limited-scope review of
204	204	the commission during the state fiscal biennium ending August 31,
205	205	2023, in the manner provided by Chapter 325 (Texas Sunset Act). The
206	206	review must provide:
207	207	(1) an update on the commission's progress with
208	208	respect to the consolidation of the health and human services
209	209	system mandated by this subchapter, including the commission's
210	210	compliance with the transition and work plans required under
211	211	Section 531.0204; and
212	212	(2) any additional information the Sunset Advisory
213	213	Commission determines appropriate, including information regarding
214	214	any additional organizational changes the Sunset Advisory
215	215	Commission recommends.
216	216	(b) The commission is not abolished solely because the
217	217	commission is not explicitly continued following the review
218	218	required by this section.
219	219	Sec. 531.0207. EXPIRATION OF SUBCHAPTER. This subchapter
220	220	expires September 1, 2023.
221	221	(b) Not later than October 1, 2015:
222	222	(1) the lieutenant governor, the speaker of the house
223	223	of representatives, and the governor shall make the appointments to
224	224	the Health and Human Services Transition Legislative Oversight
225	225	Committee as required by Section 531.0203(c), Government Code, as
226	226	added by this article; and
227	227	(2) the lieutenant governor and the speaker of the
228	228	house of representatives shall each designate a presiding co-chair
229	229	of the Health and Human Services Transition Legislative Oversight
230	230	Committee in accordance with Section 531.0203(f), Government Code,
231	231	as added by this article.
232	232	(c) As soon as appropriate under the consolidation under
233	233	Subchapter A-1, Chapter 531, Government Code, as added by this
234	234	article, and in a manner that minimizes disruption of services, the
235	235	Health and Human Services Commission shall take appropriate action
236	236	to be designated as the state agency responsible under federal law
237	237	for any state or federal program for which federal law requires the
238	238	designation of a responsible state agency and for which an agency
239	239	subject to abolition under Section 531.0202, Government Code, as
240	240	added by this article, is responsible.
241	241	SECTION 1.02. Subchapter A, Chapter 531, Government Code,
242	242	is amended by adding Sections 531.0011 and 531.0012 to read as
243	243	follows:
244	244	Sec. 531.0011. REFERENCES IN LAW MEANING COMMISSION OR
245	245	APPROPRIATE DIVISION. (a) In this code or in any other law, a
246	246	reference to any of the following state agencies or entities after
247	247	its abolition under Section 531.0202 means the commission or the
248	248	division of the commission performing a function previously
249	249	performed by the state agency or entity before its abolition, as
250	250	appropriate:
251	251	(1) health and human services agency;
252	252	(2) the Department of State Health Services;
253	253	(3) the Department of Aging and Disability Services;
254	254	(4) the Department of Family and Protective Services;
255	255	or
256	256	(5) the Department of Assistive and Rehabilitative
257	257	Services.
258	258	(b) In this code or in any other law and notwithstanding any
259	259	other law, a reference to any of the following state agencies or
260	260	entities, after the abolition under Section 531.0202 of the state
261	261	agency that assumed the relevant function in accordance with
262	262	Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular
263	263	Session, 2003, means the commission or the division of the
264	264	commission performing the function previously performed by the
265	265	agency that assumed the function before its abolition, as
266	266	appropriate:
267	267	(1) the Texas Department on Aging;
268	268	(2) the Texas Commission on Alcohol and Drug Abuse;
269	269	(3) the Texas Commission for the Blind;
270	270	(4) the Texas Commission for the Deaf and Hard of
271	271	Hearing;
272	272	(5) the Texas Department of Health;
273	273	(6) the Texas Department of Human Services;
274	274	(7) the Texas Department of Mental Health and Mental
275	275	Retardation;
276	276	(8) the Texas Rehabilitation Commission;
277	277	(9) the Texas Health Care Information Council; or
278	278	(10) the Interagency Council on Early Childhood
279	279	Intervention.
280	280	(c) In this code or in any other law and notwithstanding any
281	281	other law, a reference to the Department of Protective and
282	282	Regulatory Services, after the abolition under Section 531.0202 of
283	283	the Department of Family and Protective Services, means the
284	284	commission or the division of the commission performing the
285	285	function previously performed by the Department of Family and
286	286	Protective Services before its abolition.
287	287	(d) This section applies notwithstanding Section
288	288	531.001(4). This subsection and Section 531.001(4) expire on the
289	289	deadline specified in Section 531.0204(a)(3).
290	290	Sec. 531.0012. REFERENCES IN LAW MEANING EXECUTIVE
291	291	COMMISSIONER OR DESIGNEE. (a) In this code or in any other law, a
292	292	reference to any of the following persons means the executive
293	293	commissioner, the executive commissioner's designee, or the
294	294	director appointed under Section 531.00561 of the division of the
295	295	commission performing the relevant function previously performed
296	296	by the state agency abolished by Section 531.0202 that the person
297	297	represented, as appropriate:
298	298	(1) the commissioner of aging and disability services;
299	299	(2) the commissioner of assistive and rehabilitative
300	300	services;
301	301	(3) the commissioner of state health services; or
302	302	(4) the commissioner of the Department of Family and
303	303	Protective Services.
304	304	(b) In this code or in any other law and notwithstanding any
305	305	other law, a reference to any of the following persons or entities,
306	306	after the abolition under Section 531.0202 of the state agency that
307	307	assumed or continued to perform a relevant function in accordance
308	308	with Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular
309	309	Session, 2003, means the executive commissioner, or the director
310	310	appointed under Section 531.00561 of the division of the commission
311	311	performing the function previously performed by the state agency
312	312	abolished or renamed by Chapter 198 (H.B. 2292) that the person or
313	313	entity represented:
314	314	(1) an executive director or other chief
315	315	administrative officer of a state agency listed in Section
316	316	531.0011(b) or (c); and
317	317	(2) the governing body of a state agency listed in
318	318	Section 531.0011(b) or (c).
319	319	(c) A reference to any of the following councils means the
320	320	executive commissioner or the executive commissioner's designee,
321	321	as appropriate, and a power, duty, function, program, or other
322	322	activity of any of the following councils is a power, duty,
323	323	function, program, or other activity of that appropriate person:
324	324	(1) the Health and Human Services Council;
325	325	(2) the State Health Services Council;
326	326	(3) the Aging and Disability Services Council;
327	327	(4) the Family and Protective Services Council; or
328	328	(5) the Assistive and Rehabilitative Services
329	329	Council.
330	330	SECTION 1.03. (a) Subchapter A, Chapter 531, Government
331	331	Code, is amended by adding Section 531.0051 to read as follows:
332	332	Sec. 531.0051. HEALTH AND HUMAN SERVICES COMMISSION
333	333	EXECUTIVE COUNCIL. (a) The Health and Human Services Commission
334	334	Executive Council is established to receive public input and advise
335	335	the executive commissioner regarding the operation of the
336	336	commission. The council shall seek and receive public comment on:
337	337	(1) proposed rules;
338	338	(2) recommendations of advisory committees;
339	339	(3) legislative appropriations requests or other
340	340	documents related to the appropriations process;
341	341	(4) the operation of health and human services
342	342	programs; and
343	343	(5) other items the executive commissioner determines
344	344	appropriate.
345	345	(a-1) The council shall also receive public input and advise
346	346	the executive commissioner regarding the operation of the health
347	347	and human services agencies. This subsection expires on the
348	348	deadline specified in Section 531.0204(a)(3).
349	349	(b) The council does not have authority to make
350	350	administrative or policy decisions.
351	351	(c) The council is composed of:
352	352	(1) the executive commissioner;
353	353	(2) the director of each division established by the
354	354	executive commissioner under Section 531.008(d); and
355	355	(3) other individuals appointed by the executive
356	356	commissioner as the executive commissioner determines necessary.
357	357	(d) The executive commissioner serves as the chair of the
358	358	council and shall adopt rules for the operation of the council.
359	359	(e) Members of the council appointed under Subsection
360	360	(c)(3) serve at the pleasure of the executive commissioner.
361	361	(f) The council shall meet at the call of the executive
362	362	commissioner at least quarterly. The executive commissioner may
363	363	call additional meetings as the executive commissioner determines
364	364	necessary.
365	365	(g) The council shall give public notice of the date, time,
366	366	and place of each meeting held by the council. A live video
367	367	transmission of each meeting must be publicly available through the
368	368	Internet.
369	369	(h) A majority of the members of the council constitute a
370	370	quorum for the transaction of business.
371	371	(i) A council member appointed under Subsection (c)(3) may
372	372	not receive compensation for service as a member of the council but
373	373	is entitled to reimbursement for travel expenses incurred by the
374	374	member while conducting the business of the council as provided by
375	375	the General Appropriations Act.
376	376	(j) The executive commissioner shall develop and implement
377	377	policies that provide the public with a reasonable opportunity to
378	378	appear before the council and to speak on any issue under the
379	379	jurisdiction of the commission.
380	380	(k) A meeting of individual members of the council that
381	381	occurs in the ordinary course of commission operation is not a
382	382	meeting of the council, and the requirements of Subsection (g) do
383	383	not apply.
384	384	(l) This section does not limit the authority of the
385	385	executive commissioner to establish additional advisory committees
386	386	or councils.
387	387	(m) Chapters 551 and 2110 do not apply to the council.
388	388	(b) As soon as possible after the executive commissioner of
389	389	the Health and Human Services Commission appoints division
390	390	directors in accordance with Section 531.00561, Government Code, as
391	391	added by this article, the Health and Human Services Commission
392	392	Executive Council established under Section 531.0051, Government
393	393	Code, as added by this article, shall begin operation.
394	394	SECTION 1.04. The heading to Section 531.0055, Government
395	395	Code, is amended to read as follows:
396	396	Sec. 531.0055. EXECUTIVE COMMISSIONER: GENERAL
397	397	RESPONSIBILITY FOR HEALTH AND HUMAN SERVICES SYSTEM [AGENCIES].
398	398	SECTION 1.05. Section 531.0055, Government Code, is amended
399	399	by amending Subsections (b), (d), (e), (f), (g), (h), and (l) and
400	400	adding Subsection (n) to read as follows:
401	401	(b) The commission shall:
402	402	(1) supervise the administration and operation of the
403	403	Medicaid program, including the administration and operation of the
404	404	Medicaid managed care system in accordance with Section 531.021;
405	405	(2) perform information systems planning and
406	406	management for the health and human services system [agencies]
407	407	under Section 531.0273, with:
408	408	(A) the provision of information technology
409	409	services for the [at] health and human services system [agencies]
410	410	considered to be a centralized administrative support service
411	411	either performed by commission personnel or performed under a
412	412	contract with the commission; and
413	413	(B) an emphasis on research and implementation on
414	414	a demonstration or pilot basis of appropriate and efficient uses of
415	415	new and existing technology to improve the operation of the health
416	416	and human services system [agencies] and delivery of health and
417	417	human services;
418	418	(3) monitor and ensure the effective use of all
419	419	federal funds received for the [by a] health and human services
420	420	system [agency] in accordance with Section 531.028 and the General
421	421	Appropriations Act;
422	422	(4) implement Texas Integrated Enrollment Services as
423	423	required by Subchapter F, except that notwithstanding Subchapter F,
424	424	determining eligibility for benefits under the following programs
425	425	is the responsibility of and must be centralized by the commission:
426	426	(A) the child health plan program;
427	427	(B) the financial assistance program under
428	428	Chapter 31, Human Resources Code;
429	429	(C) the medical assistance program under Chapter
430	430	32, Human Resources Code;
431	431	(D) the nutritional assistance programs under
432	432	Chapter 33, Human Resources Code;
433	433	(E) long-term care services, as defined by
434	434	Section 22.0011, Human Resources Code;
435	435	(F) community-based support services identified
436	436	or provided in accordance with Section 531.02481; and
437	437	(G) other health and human services programs, as
438	438	appropriate; and
439	439	(5) implement programs intended to prevent family
440	440	violence and provide services to victims of family violence.
441	441	(d) After implementation of the commission's duties under
442	442	Subsections (b) and (c), the commission shall implement the powers
443	443	and duties given to the commission under Section 531.0248. Nothing
444	444	in the priorities established by this section is intended to limit
445	445	the authority of the commission to work simultaneously to achieve
446	446	the multiple tasks assigned to the commission in this section, when
447	447	such an approach is beneficial in the judgment of the commission.
448	448	The commission shall plan and implement an efficient and effective
449	449	centralized system of administrative support services for the
450	450	health and human services system [agencies]. The performance of
451	451	administrative support services for the health and human services
452	452	system [agencies] is the responsibility of the commission. The
453	453	term "administrative support services" includes, but is not limited
454	454	to, strategic planning and evaluation, audit, legal, human
455	455	resources, information resources, purchasing, contract management,
456	456	financial management, and accounting services.
457	457	(e) Notwithstanding any other law, the executive
458	458	commissioner shall adopt rules and policies for the operation of
459	459	and provision of health and human services by the health and human
460	460	services system [agencies]. In addition, the executive
461	461	commissioner, as necessary to perform the functions described by
462	462	Subsections (b), (c), and (d) in implementation of applicable
463	463	policies established for a health and human services system [an]
464	464	agency or division, as applicable, by the executive commissioner,
465	465	shall:
466	466	(1) manage and direct the operations of each [health
467	467	and human services] agency or division, as applicable;
468	468	(2) supervise and direct the activities of each agency
469	469	or division director, as applicable; and
470	470	(3) be responsible for the administrative supervision
471	471	of the internal audit program for the [all] health and human
472	472	services system agencies, if applicable, including:
473	473	(A) selecting the director of internal audit;
474	474	(B) ensuring that the director of internal audit
475	475	reports directly to the executive commissioner; and
476	476	(C) ensuring the independence of the internal
477	477	audit function.
478	478	(f) The operational authority and responsibility of the
479	479	executive commissioner for purposes of Subsection (e) for [at] each
480	480	health and human services system agency or division, as applicable,
481	481	includes authority over and responsibility for the:
482	482	(1) management of the daily operations of the agency
483	483	or division, including the organization and management of the
484	484	agency or division and its [agency] operating procedures;
485	485	(2) allocation of resources within the agency or
486	486	division, including use of federal funds received by the agency or
487	487	division;
488	488	(3) personnel and employment policies;
489	489	(4) contracting, purchasing, and related policies,
490	490	subject to this chapter and other laws relating to contracting and
491	491	purchasing by a state agency;
492	492	(5) information resources systems used by the agency
493	493	or division;
494	494	(6) location of [agency] facilities; and
495	495	(7) coordination of agency or division activities with
496	496	activities of other components of the health and human services
497	497	system and state agencies[, including other health and human
498	498	services agencies].
499	499	(g) Notwithstanding any other law, the operational
500	500	authority and responsibility of the executive commissioner for
501	501	purposes of Subsection (e) for [at] each health and human services
502	502	system agency or division, as applicable, includes the authority
503	503	and responsibility to adopt or approve, subject to applicable
504	504	limitations, any rate of payment or similar provision required by
505	505	law to be adopted or approved by a health and human services system
506	506	[the] agency.
507	507	(h) For each health and human services system agency and
508	508	division, as applicable, the executive commissioner shall
509	509	implement a program to evaluate and supervise [the] daily
510	510	operations [of the agency]. The program must include measurable
511	511	performance objectives for each agency or division director and
512	512	adequate reporting requirements to permit the executive
513	513	commissioner to perform the duties assigned to the executive
514	514	commissioner under this section.
515	515	(l) Notwithstanding any other law, the executive
516	516	commissioner has the authority to adopt policies and rules
517	517	governing the delivery of services to persons who are served by the
518	518	[each] health and human services system [agency] and the rights and
519	519	duties of persons who are served or regulated by the system [each
520	520	agency].
521	521	(n) This subsection and Subsections (a), (i), and (k) expire
522	522	on the deadline specified by Section 531.0204(a)(3).
523	523	SECTION 1.06. Section 531.0056, Government Code, is amended
524	524	by adding Subsections (g) and (h) to read as follows:
525	525	(g) The requirements of this section apply with respect to a
526	526	state agency listed in Section 531.001(4) only until the agency is
527	527	abolished under Section 531.0202.
528	528	(h) This section expires on the deadline specified by
529	529	Section 531.0204(a)(3).
530	530	SECTION 1.07. (a) Subchapter A, Chapter 531, Government
531	531	Code, is amended by adding Sections 531.00561 and 531.00562 to read
532	532	as follows:
533	533	Sec. 531.00561. APPOINTMENT AND QUALIFICATIONS OF DIVISION
534	534	DIRECTORS. (a) The executive commissioner shall appoint a
535	535	director for each division established within the commission under
536	536	Sections 531.008(a) and (d).
537	537	(b) The executive commissioner shall:
538	538	(1) develop clear qualifications for the director of
539	539	each division appointed under this section that ensure that an
540	540	individual appointed director has:
541	541	(A) demonstrated experience in fields relevant
542	542	to the director position; and
543	543	(B) executive-level administrative and
544	544	leadership experience; and
545	545	(2) ensure the qualifications developed under
546	546	Subdivision (1) are publicly available.
547	547	Sec. 531.00562. DIVISION DIRECTOR DUTIES. (a) The
548	548	executive commissioner shall clearly define the duties and
549	549	responsibilities of a division director appointed under Section
550	550	531.00561, and develop clear policies for the delegation of
551	551	specific decision-making authority, including budget authority, to
552	552	division directors.
553	553	(b) The delegation of decision-making authority should be
554	554	significant enough to ensure the efficient administration of the
555	555	commission's programs and services.
556	556	(b) The executive commissioner of the Health and Human
557	557	Services Commission shall implement Sections 531.00561 and
558	558	531.00562, Government Code, as added by this article, on the date
559	559	specified in the transition plan required under Section 531.0204,
560	560	Government Code, as added by this article.
561	561	SECTION 1.08. Section 531.007, Government Code, is amended
562	562	to read as follows:
563	563	Sec. 531.007. TERM. The executive commissioner serves a
564	564	two-year term expiring February 1 of each odd-numbered year.
565	565	SECTION 1.09. (a) Section 531.008, Government Code, is
566	566	amended by amending Subsections (a) and (b) and adding Subsections
567	567	(d) and (e) to read as follows:
568	568	(a) Subject to the requirements of this section [Subsection
569	569	(c)], the executive commissioner shall [may] establish divisions
570	570	within the commission as necessary for effective administration and
571	571	for the discharge of the commission's functions.
572	572	(b) Subject to the requirements of this section [Subsection
573	573	(c)], the executive commissioner may allocate and reallocate
574	574	functions among the commission's divisions.
575	575	(d) In establishing divisions under this section, the
576	576	executive commissioner shall:
577	577	(1) ensure that the commission is organized along
578	578	functional lines; and
579	579	(2) consider creating a division within the commission
580	580	for each of the following:
581	581	(A) medical and social services;
582	582	(B) state institutions and facilities functions;
583	583	(C) family and protective services;
584	584	(D) public health services;
585	585	(E) regulatory functions;
586	586	(F) centralized administrative services; and
587	587	(G) inspector general responsibilities.
588	588	(e) Subsection (c) applies only until the executive
589	589	commissioner establishes divisions in accordance with Subsections
590	590	(a) and (d). This subsection and Subsection (c) expire on the
591	591	deadline specified by Section 531.0204(a)(3).
592	592	(b) The executive commissioner of the Health and Human
593	593	Services Commission shall establish divisions within the
594	594	commission as required under Section 531.008(a), Government Code,
595	595	as amended by this article, and Section 531.008(d), Government
596	596	Code, as added by this article, on the date specified in the
597	597	transition plan required under Section 531.0204, Government Code,
598	598	as added by this article.
599	599	SECTION 1.10. (a) Subchapter A, Chapter 531, Government
600	600	Code, is amended by adding Section 531.0083 to read as follows:
601	601	Sec. 531.0083. OFFICE OF POLICY AND PERFORMANCE. (a) In
602	602	this section, "office" means the office of policy and performance
603	603	established by this section.
604	604	(b) The executive commissioner shall establish the office
605	605	of policy and performance as an executive-level office designed to
606	606	coordinate policy and performance efforts across divisions within
607	607	the commission. To coordinate those efforts, the office shall:
608	608	(1) develop a performance management system;
609	609	(2) take the lead in supporting and providing
610	610	oversight for the implementation of major policy changes and in
611	611	managing organizational changes; and
612	612	(3) act as a centralized body of experts within the
613	613	commission that offers program evaluation and process improvement
614	614	expertise.
615	615	(c) In developing a performance management system under
616	616	Subsection (b)(1), the office shall:
617	617	(1) gather, measure, and evaluate performance
618	618	measures and accountability systems used by the commission or a
619	619	division within the commission;
620	620	(2) develop new and refined performance measures as
621	621	appropriate; and
622	622	(3) establish targeted, high-level system metrics
623	623	that are capable of measuring and communicating overall performance
624	624	and achievement of goals by the commission to both internal and
625	625	public audiences through various mechanisms, including the
626	626	Internet.
627	627	(d) In providing support and oversight for the
628	628	implementation of policy or organizational changes within the
629	629	commission under Subsection (b)(2), the office shall:
630	630	(1) ensure individuals receiving services from or
631	631	participating in programs administered by the commission do not
632	632	lose visibility or attention during the implementation of any new
633	633	policy or organizational change by:
634	634	(A) establishing timelines and milestones for
635	635	any transition;
636	636	(B) supporting commission staff in any change
637	637	between service delivery methods; and
638	638	(C) providing feedback to executive management
639	639	on technical assistance and other support needed to achieve a
640	640	successful transition;
641	641	(2) address cultural differences among commission
642	642	staff; and
643	643	(3) track and oversee changes in policy or
644	644	organization mandated by legislation or administrative rule.
645	645	(e) In acting as a centralized body of experts under
646	646	Subsection (b)(3), the office shall:
647	647	(1) for the commission and divisions within the
648	648	commission, provide program evaluation and process improvement
649	649	guidance both generally and for specific projects identified with
650	650	executive or stakeholder input or through risk analysis; and
651	651	(2) identify and monitor cross-functional efforts
652	652	involving different divisions or offices within the commission and
653	653	the establishment of cross-functional teams when necessary to
654	654	improve the coordination of services provided by the commission.
655	655	(f) The executive commissioner may otherwise develop the
656	656	office's structure and duties as the executive commissioner
657	657	determines appropriate.
658	658	(b) As soon as practicable after the effective date of this
659	659	article but not later than October 1, 2015, the executive
660	660	commissioner of the Health and Human Services Commission shall
661	661	establish the office of policy and performance as an executive
662	662	office within the commission as required under Section 531.0083,
663	663	Government Code, as added by this article.
664	664	(c) The office of policy and performance required under
665	665	Section 531.0083, Government Code, as added by this article, shall
666	666	assist the Health and Human Services Transition Legislative
667	667	Oversight Committee created under Section 531.0203, Government
668	668	Code, as added by this article, by performing the functions
669	669	required of the office under Section 531.0083(b)(2), Government
670	670	Code, as added by this article, with respect to the consolidation
671	671	mandated by Subchapter A-1, Chapter 531, Government Code, as added
672	672	by this article.
673	673	SECTION 1.11. Section 531.017, Government Code, is amended
674	674	to read as follows:
675	675	Sec. 531.017. PURCHASING UNIT [DIVISION]. (a) The
676	676	commission shall establish a purchasing unit [division] for the
677	677	management of administrative activities related to the purchasing
678	678	functions within [of the commission and] the health and human
679	679	services system [agencies].
680	680	(b) The purchasing unit [division] shall:
681	681	(1) seek to achieve targeted cost reductions, increase
682	682	process efficiencies, improve technological support and customer
683	683	services, and enhance purchasing support within the [for each]
684	684	health and human services system [agency]; and
685	685	(2) if cost-effective, contract with private entities
686	686	to perform purchasing functions for the [commission and the] health
687	687	and human services system [agencies].
688	688	SECTION 1.12. (a) Sections 40.0515(d) and (e), Human
689	689	Resources Code, are amended to read as follows:
690	690	(d) A performance review conducted under Subsection (b)(3)
691	691	is considered a performance evaluation for purposes of Section
692	692	531.009(c), Government Code [40.032(c)]. The department shall
693	693	ensure that disciplinary or other corrective action is taken
694	694	against a supervisor or other managerial employee who is required
695	695	to conduct a performance evaluation for adult protective services
696	696	personnel under Section 531.009(c), Government Code, [40.032(c)]
697	697	or a performance review under Subsection (b)(3) and who fails to
698	698	complete that evaluation or review in a timely manner.
699	699	(e) The annual performance evaluation required under
700	700	Section 531.009(c), Government Code, [40.032(c)] of the
701	701	performance of a supervisor in the adult protective services
702	702	division must:
703	703	(1) be performed by an appropriate program
704	704	administrator; and
705	705	(2) include:
706	706	(A) an evaluation of the supervisor with respect
707	707	to the job performance standards applicable to the supervisor's
708	708	assigned duties; and
709	709	(B) an evaluation of the supervisor with respect
710	710	to the compliance of employees supervised by the supervisor with
711	711	the job performance standards applicable to those employees'
712	712	assigned duties.
713	713	(b) The changes in law made by this section apply to a
714	714	performance review performed on or after the date that the powers
715	715	and duties of the Department of Family and Protective Services are
716	716	transferred to the Health and Human Services Commission in
717	717	accordance with Subchapter A-1, Chapter 531, Government Code, as
718	718	added by this article. A performance review to which Sections
719	719	40.0515(d) and (e), Human Resources Code, as amended by this
720	720	article, apply that is performed before that date is governed by the
721	721	law in effect before the effective date of this article, and the
722	722	former law is continued in effect for that purpose.
723	723	SECTION 1.13. (a) The heading to Subchapter C, Chapter 112,
724	724	Human Resources Code, is amended to read as follows:
725	725	SUBCHAPTER C. [OFFICE FOR THE] PREVENTION OF DEVELOPMENTAL
726	726	DISABILITIES
727	727	(b) Section 112.042, Human Resources Code, is amended by
728	728	amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
729	729	read as follows:
730	730	(1) "Commission" means the Health and Human Services
731	731	Commission.
732	732	(1-a) "Developmental disability" means a severe,
733	733	chronic disability that:
734	734	(A) is attributable to a mental or physical
735	735	impairment or to a combination of a mental and physical impairment;
736	736	(B) is manifested before a person reaches the age
737	737	of 22;
738	738	(C) is likely to continue indefinitely;
739	739	(D) results in substantial functional
740	740	limitations in three or more major life activities, including:
741	741	(i) self-care;
742	742	(ii) receptive and expressive language;
743	743	(iii) learning;
744	744	(iv) mobility;
745	745	(v) self-direction;
746	746	(vi) capacity for independent living; and
747	747	(vii) economic sufficiency; and
748	748	(E) reflects the person's needs for a combination
749	749	and sequence of special interdisciplinary or generic care,
750	750	treatment, or other lifelong or extended services that are
751	751	individually planned and coordinated.
752	752	(1-b) "Executive commissioner" means the executive
753	753	commissioner of the Health and Human Services Commission.
754	754	(c) Subchapter C, Chapter 112, Human Resources Code, is
755	755	amended by adding Sections 112.0421 and 112.0431 to read as
756	756	follows:
757	757	Sec. 112.0421. APPLICABILITY AND EXPIRATION OF CERTAIN
758	758	PROVISIONS. (a) Sections 112.041(a), 112.043, 112.045, 112.0451,
759	759	112.0452, 112.0453, 112.0454, 112.046, 112.047, 112.0471, and
760	760	112.0472 apply only until the date the executive commissioner
761	761	begins to administer this subchapter and the commission assumes the
762	762	duties and functions of the Office for the Prevention of
763	763	Developmental Disabilities in accordance with Section 112.0431.
764	764	(b) On the date the provisions listed in Subsection (a)
765	765	cease to apply, the executive committee under Section 112.045 and
766	766	the board of advisors under Section 112.046 are abolished.
767	767	(c) This section and Sections 112.041(a), 112.043, 112.045,
768	768	112.0451, 112.0452, 112.0453, 112.0454, 112.046, 112.047,
769	769	112.0471, and 112.0472 expire on the deadline specified by Section
770	770	531.0204(a)(3), Government Code.
771	771	Sec. 112.0431. ADMINISTRATION OF SUBCHAPTER; CERTAIN
772	772	REFERENCES. (a) Notwithstanding any other provision in this
773	773	subchapter, the executive commissioner shall administer this
774	774	subchapter beginning on the date specified in the transition plan
775	775	under Section 531.0204, Government Code, and the commission shall
776	776	perform the duties and functions of the Office for the Prevention of
777	777	Developmental Disabilities in the organizational form the
778	778	executive commissioner determines appropriate.
779	779	(b) Following the assumption of the administration of this
780	780	subchapter by the executive commissioner and the duties and
781	781	functions by the commission in accordance with Subsection (a):
782	782	(1) a reference in this subchapter to the office, the
783	783	Office for the Prevention of Developmental Disabilities, or the
784	784	executive committee of that office means the commission, the
785	785	division or other organizational unit within the commission
786	786	designated by the executive commissioner, or the executive
787	787	commissioner, as appropriate; and
788	788	(2) a reference in any other law to the Office for the
789	789	Prevention of Developmental Disabilities has the meaning assigned
790	790	by Subdivision (1).
791	791	(d) Section 112.044, Human Resources Code, is amended to
792	792	read as follows:
793	793	Sec. 112.044. DUTIES. The office shall:
794	794	(1) educate the public and attempt to promote sound
795	795	public policy regarding the prevention of developmental
796	796	disabilities;
797	797	(2) identify, collect, and disseminate information
798	798	and data concerning the causes, frequency of occurrence, and
799	799	preventability of developmental disabilities;
800	800	(3) work with appropriate divisions within the
801	801	commission, state agencies, and other entities to develop a
802	802	coordinated long-range plan to effectively monitor and reduce the
803	803	incidence or severity of developmental disabilities;
804	804	(4) promote and facilitate the identification,
805	805	development, coordination, and delivery of needed prevention
806	806	services;
807	807	(5) solicit, receive, and spend grants and donations
808	808	from public, private, state, and federal sources;
809	809	(6) identify and encourage establishment of needed
810	810	reporting systems to track the causes and frequencies of occurrence
811	811	of developmental disabilities;
812	812	(7) develop, operate, and monitor programs created
813	813	under Section 112.048 addressing [task forces to address] the
814	814	prevention of specific targeted developmental disabilities;
815	815	(8) monitor and assess the effectiveness of divisions
816	816	within the commission and of state agencies in preventing [to
817	817	prevent] developmental disabilities;
818	818	(9) recommend the role each division within the
819	819	commission and each state agency should have with regard to
820	820	prevention of developmental disabilities;
821	821	(10) facilitate coordination of state agency
822	822	prevention services and activities within the commission and among
823	823	appropriate state agencies; and
824	824	(11) encourage cooperative, comprehensive, and
825	825	complementary planning among public, private, and volunteer
826	826	individuals and organizations engaged in prevention activities,
827	827	providing prevention services, or conducting related research.
828	828	(e) Sections 112.048 and 112.049, Human Resources Code, are
829	829	amended to read as follows:
830	830	Sec. 112.048. PREVENTION PROGRAMS FOR TARGETED
831	831	DEVELOPMENTAL DISABILITIES [TASK FORCES]. (a) The executive
832	832	committee shall establish guidelines for:
833	833	(1) selecting targeted disabilities;
834	834	(2) assessing prevention services needs; and
835	835	(3) reviewing [task force] plans, budgets, and
836	836	operations for programs under this section.
837	837	(b) The executive committee shall [create task forces made
838	838	up of members of the board of advisors to] plan and implement
839	839	prevention programs for specifically targeted developmental
840	840	disabilities. [A task force operates as an administrative division
841	841	of the office and can be abolished when it is ineffective or is no
842	842	longer needed.]
843	843	(c) A program under this section [task force shall]:
844	844	(1) must include [develop] a plan designed to reduce
845	845	the incidence of a specifically targeted disability;
846	846	(2) must include [prepare] a budget for implementing a
847	847	plan;
848	848	(3) must be funded [arrange for funds] through:
849	849	(A) contracts for services from participating
850	850	agencies;
851	851	(B) grants and gifts from private persons and
852	852	consumer and advocacy organizations; and
853	853	(C) foundation support; and
854	854	(4) must be approved by [submit the plan, budget, and
855	855	evidence of funding commitments to] the executive committee [for
856	856	approval].
857	857	[(d) A task force shall regularly report to the executive
858	858	committee, as required by the committee, the operation, progress,
859	859	and results of the task force's prevention plan.]
860	860	Sec. 112.049. EVALUATION. (a) The office shall identify or
861	861	encourage the establishment of needed statistical bases for each
862	862	targeted group against which the office can measure how effectively
863	863	a [task force] program under Section 112.048 is reducing the
864	864	frequency or severity of a targeted developmental disability.
865	865	(b) The executive committee shall regularly monitor and
866	866	evaluate the results of [task force prevention] programs under
867	867	Section 112.048.
868	868	(f) The heading to Section 112.050, Human Resources Code, is
869	869	amended to read as follows:
870	870	Sec. 112.050. GRANTS AND OTHER FUNDING.
871	871	(g) Section 112.050, Human Resources Code, is amended by
872	872	amending Subsection (c) and adding Subsection (d) to read as
873	873	follows:
874	874	(c) The executive committee may not submit a legislative
875	875	appropriation request for general revenue funds for purposes of
876	876	this subchapter.
877	877	(d) In addition to funding under Subsection (a), the office
878	878	may accept and solicit gifts, donations, and grants of money from
879	879	public and private sources, including the federal government, local
880	880	governments, and private entities, to assist in financing the
881	881	duties and functions of the office. The commission shall support
882	882	office fund-raising efforts authorized by this subsection. Funds
883	883	raised under this subsection may only be spent in furtherance of a
884	884	duty or function of the office or in accordance with rules
885	885	applicable to the office.
886	886	(h) Section 112.051, Human Resources Code, is amended to
887	887	read as follows:
888	888	Sec. 112.051. REPORTS TO LEGISLATURE. The office shall
889	889	submit by February 1 of each odd-numbered year biennial reports to
890	890	the legislature detailing findings of the office and the results of
891	891	[task force prevention] programs under Section 112.048 and
892	892	recommending improvements in the delivery of developmental
893	893	disability prevention services.
894	894	(i) Notwithstanding the changes in law made by this section,
895	895	the Office for the Prevention of Developmental Disabilities and any
896	896	administrative entity of the Office for the Prevention of
897	897	Developmental Disabilities shall continue to operate under the law
898	898	as it existed before the effective date of this article, and that
899	899	law is continued in effect for that purpose, until the executive
900	900	commissioner of the Health and Human Services Commission begins
901	901	administering Subchapter C, Chapter 112, Human Resources Code, as
902	902	amended by this article, and the commission begins performing the
903	903	duties and functions of the Office for the Prevention of
904	904	Developmental Disabilities as required by Section 112.0431, Human
905	905	Resources Code, as added by this article, on the date specified in
906	906	the transition plan required under Section 531.0204, Government
907	907	Code, as added by this article.
908	908	(j) The executive commissioner of the Health and Human
909	909	Services Commission shall begin administering Subchapter C,
910	910	Chapter 112, Human Resources Code, as amended by this article, and
911	911	the commission shall begin performing the duties and functions of
912	912	the Office for the Prevention of Developmental Disabilities as
913	913	required by Section 112.0431, Human Resources Code, as added by
914	914	this article, on the date specified in the transition plan required
915	915	under Section 531.0204, Government Code, as added by this article.
916	916	SECTION 1.14. (a) The heading to Chapter 114, Human
917	917	Resources Code, is amended to read as follows:
918	918	CHAPTER 114. [TEXAS COUNCIL ON] AUTISM AND PERVASIVE
919	919	DEVELOPMENTAL DISORDERS
920	920	(b) Section 114.002, Human Resources Code, is amended by
921	921	adding Subdivisions (1-a) and (3) to read as follows:
922	922	(1-a) "Commission" means the Health and Human Services
923	923	Commission.
924	924	(3) "Executive commissioner" means the executive
925	925	commissioner of the Health and Human Services Commission.
926	926	(c) Chapter 114, Human Resources Code, is amended by adding
927	927	Sections 114.0021 and 114.0031 to read as follows:
928	928	Sec. 114.0021. APPLICABILITY AND EXPIRATION OF CERTAIN
929	929	PROVISIONS. (a) Sections 114.001, 114.003, 114.004, 114.005,
930	930	114.007(a), and 114.010(d) apply only until the date the executive
931	931	commissioner begins to administer this chapter and the commission
932	932	assumes the duties and functions of the Texas Council on Autism and
933	933	Pervasive Developmental Disorders in accordance with Section
934	934	114.0031.
935	935	(b) On the date the provisions listed in Subsection (a)
936	936	cease to apply, the Texas Council on Autism and Pervasive
937	937	Developmental Disorders is abolished.
938	938	(c) This section and Sections 114.001, 114.003, 114.004,
939	939	114.005, 114.007(a), and 114.010(d) expire on the deadline
940	940	specified by Section 531.0204(a)(3), Government Code.
941	941	Sec. 114.0031. ADMINISTRATION OF CHAPTER; CERTAIN
942	942	REFERENCES. (a) Notwithstanding any other provision in this
943	943	chapter, the executive commissioner shall administer this chapter
944	944	beginning on the date specified in the transition plan under
945	945	Section 531.0204, Government Code, and the commission shall perform
946	946	the duties and functions of the Texas Council on Autism and
947	947	Pervasive Developmental Disorders in the organizational form the
948	948	executive commissioner determines appropriate.
949	949	(b) Following the assumption of the administration of this
950	950	chapter by the executive commissioner and the duties and functions
951	951	by the commission in accordance with Subsection (a):
952	952	(1) a reference in this chapter to the council, the
953	953	Texas Council on Autism and Pervasive Developmental Disorders, or
954	954	an agency represented on the council, means the commission, the
955	955	division or other organizational unit within the commission
956	956	designated by the executive commissioner, or the executive
957	957	commissioner, as appropriate; and
958	958	(2) a reference in any other law to the Texas Council
959	959	on Autism and Pervasive Developmental Disorders has the meaning
960	960	assigned by Subdivision (1).
961	961	(d) Section 114.006(b), Human Resources Code, is amended to
962	962	read as follows:
963	963	(b) The council shall make written recommendations on the
964	964	implementation of this chapter. If the council considers a
965	965	recommendation that will affect another state [an] agency [not
966	966	represented on the council], the council shall seek the advice and
967	967	assistance of the agency before taking action on the
968	968	recommendation. On approval of the governing body of the agency,
969	969	each agency affected by a council recommendation shall implement
970	970	the recommendation. If an agency does not have sufficient funds to
971	971	implement a recommendation, the agency shall request funds for that
972	972	purpose in its next budget proposal.
973	973	(e) Sections 114.007(b) and (c), Human Resources Code, are
974	974	amended to read as follows:
975	975	(b) The council with [the advice of the advisory task force
976	976	and] input from people with autism and other pervasive
977	977	developmental disorders, their families, and related advocacy
978	978	organizations shall address contemporary issues affecting services
979	979	available to persons with autism or other pervasive developmental
980	980	disorders in this state, including:
981	981	(1) successful intervention and treatment strategies,
982	982	including transitioning;
983	983	(2) personnel preparation and continuing education;
984	984	(3) referral, screening, and evaluation services;
985	985	(4) day care, respite care, or residential care
986	986	services;
987	987	(5) vocational and adult training programs;
988	988	(6) public awareness strategies;
989	989	(7) contemporary research;
990	990	(8) early identification strategies;
991	991	(9) family counseling and case management; and
992	992	(10) recommendations for monitoring autism service
993	993	programs.
994	994	(c) The council with [the advice of the advisory task force
995	995	and] input from people with autism and other pervasive
996	996	developmental disorders, their families, and related advocacy
997	997	organizations shall advise the legislature on legislation that is
998	998	needed to develop further and to maintain a statewide system of
999	999	quality intervention and treatment services for all persons with
1000	1000	autism or other pervasive developmental disorders. The council may
1001	1001	develop and recommend legislation to the legislature or comment on
1002	1002	pending legislation that affects those persons.
1003	1003	(f) Section 114.008, Human Resources Code, is amended to
1004	1004	read as follows:
1005	1005	Sec. 114.008. REPORT. (a) [The agencies represented on the
1006	1006	council and the public members shall report to the council any
1007	1007	requirements identified by the agency or person to provide
1008	1008	additional or improved services to persons with autism or other
1009	1009	pervasive developmental disorders.] Not later than November 1 of
1010	1010	each even-numbered year, the council shall:
1011	1011	(1) prepare a report summarizing requirements the
1012	1012	council identifies and recommendations for providing additional or
1013	1013	improved services to persons with autism or other pervasive
1014	1014	developmental disorders; and
1015	1015	(2) deliver the report to the executive commissioner
1016	1016	[of the Health and Human Services Commission], the governor, the
1017	1017	lieutenant governor, and the speaker of the house of
1018	1018	representatives [a report summarizing the recommendations].
1019	1019	(b) The council shall develop a strategy for establishing
1020	1020	new programs to meet the requirements identified through the
1021	1021	council's review and assessment and from input from [the task
1022	1022	force,] people with autism and related pervasive developmental
1023	1023	disorders, their families, and related advocacy organizations.
1024	1024	(g) Section 114.013, Human Resources Code, is amended to
1025	1025	read as follows:
1026	1026	Sec. 114.013. COORDINATION OF RESOURCES FOR INDIVIDUALS
1027	1027	WITH AUTISM SPECTRUM DISORDERS [RESOURCE CENTER]. (a) The
1028	1028	commission [Health and Human Services Commission] shall [establish
1029	1029	and administer an autism spectrum disorders resource center to]
1030	1030	coordinate resources for individuals with autism and other
1031	1031	pervasive developmental disorders and their families. In
1032	1032	coordinating those resources [establishing and administering the
1033	1033	center], the commission [Health and Human Services Commission]
1034	1034	shall consult with [the council and coordinate with] appropriate
1035	1035	state agencies[, including each agency represented on the council].
1036	1036	(b) As part of coordinating resources under Subsection (a),
1037	1037	the commission [The Health and Human Services Commission] shall
1038	1038	[design the center to]:
1039	1039	(1) collect and distribute information and research
1040	1040	regarding autism and other pervasive developmental disorders;
1041	1041	(2) conduct training and development activities for
1042	1042	persons who may interact with an individual with autism or another
1043	1043	pervasive developmental disorder in the course of their employment,
1044	1044	including school, medical, or law enforcement personnel;
1045	1045	(3) coordinate with local entities that provide
1046	1046	services to an individual with autism or another pervasive
1047	1047	developmental disorder; and
1048	1048	(4) provide support for families affected by autism
1049	1049	and other pervasive developmental disorders.
1050	1050	(h) Notwithstanding the changes in law made by this section,
1051	1051	the Texas Council on Autism and Pervasive Developmental Disorders
1052	1052	and any administrative entity of the Texas Council on Autism and
1053	1053	Pervasive Developmental Disorders shall continue to operate under
1054	1054	the law as it existed before the effective date of this article, and
1055	1055	that law is continued in effect for that purpose, until the
1056	1056	executive commissioner of the Health and Human Services Commission
1057	1057	begins administering Chapter 114, Human Resources Code, as amended
1058	1058	by this article, and the commission begins performing the duties
1059	1059	and functions of the Texas Council on Autism and Pervasive
1060	1060	Developmental Disorders as required by Section 114.0031, Human
1061	1061	Resources Code, as added by this article, on the date specified in
1062	1062	the transition plan required under Section 531.0204, Government
1063	1063	Code, as added by this article.
1064	1064	(i) The executive commissioner of the Health and Human
1065	1065	Services Commission shall begin administering Chapter 114, Human
1066	1066	Resources Code, as amended by this article, and the commission
1067	1067	shall begin performing the duties and functions of the Texas
1068	1068	Council on Autism and Pervasive Developmental Disorders as required
1069	1069	by Section 114.0031, Human Resources Code, as added by this
1070	1070	article, on the date specified in the transition plan required
1071	1071	under Section 531.0204, Government Code, as added by this article.
1072	1072	SECTION 1.15. (a) Effective September 1, 2016, the
1073	1073	following provisions of the Government Code are repealed:
1074	1074	(1) Section 531.0163; and
1075	1075	(2) Subchapter K, Chapter 531.
1076	1076	(b) Effective September 1, 2016, the following provisions
1077	1077	of the Health and Safety Code are repealed:
1078	1078	(1) Section 1001.002;
1079	1079	(2) Section 1001.021;
1080	1080	(3) Section 1001.022;
1081	1081	(4) Section 1001.023;
1082	1082	(5) Section 1001.024;
1083	1083	(6) Section 1001.025;
1084	1084	(7) Section 1001.026;
1085	1085	(8) Section 1001.027;
1086	1086	(9) Section 1001.028;
1087	1087	(10) Section 1001.029;
1088	1088	(11) Section 1001.030;
1089	1089	(12) Section 1001.032;
1090	1090	(13) Subchapter C, Chapter 1001; and
1091	1091	(14) Section 1001.074.
1092	1092	(c) Effective September 1, 2016, the following provisions
1093	1093	of the Human Resources Code are repealed:
1094	1094	(1) Section 40.002(a);
1095	1095	(2) Section 40.004;
1096	1096	(3) Section 40.0041;
1097	1097	(4) Section 40.021;
1098	1098	(5) Section 40.022;
1099	1099	(6) Section 40.0226;
1100	1100	(7) Section 40.024;
1101	1101	(8) Section 40.025;
1102	1102	(9) Section 40.026;
1103	1103	(10) Section 40.027;
1104	1104	(11) Section 40.032;
1105	1105	(12) Section 40.033;
1106	1106	(13) Section 117.002;
1107	1107	(14) Section 117.021;
1108	1108	(15) Section 117.022;
1109	1109	(16) Section 117.023;
1110	1110	(17) Section 117.024;
1111	1111	(18) Section 117.025;
1112	1112	(19) Section 117.026;
1113	1113	(20) Section 117.027;
1114	1114	(21) Section 117.028;
1115	1115	(22) Section 117.029;
1116	1116	(23) Section 117.030;
1117	1117	(24) Section 117.032;
1118	1118	(25) Section 117.051;
1119	1119	(26) Section 117.052;
1120	1120	(27) Section 117.053;
1121	1121	(28) Section 117.054;
1122	1122	(29) Section 117.055;
1123	1123	(30) Section 117.056;
1124	1124	(31) Section 117.072;
1125	1125	(32) Section 161.002;
1126	1126	(33) Subchapter B, Chapter 161;
1127	1127	(34) Section 161.051;
1128	1128	(35) Section 161.052;
1129	1129	(36) Section 161.053;
1130	1130	(37) Section 161.054;
1131	1131	(38) Section 161.055;
1132	1132	(39) Section 161.056; and
1133	1133	(40) Section 161.072.
1134	1134	(d) Notwithstanding Subsections (a), (b), and (c) of this
1135	1135	section, the implementation of a provision repealed by this section
1136	1136	ceases on the date the responsible state agency or entity listed in
1137	1137	Section 531.0202, Government Code, as added by this article, is
1138	1138	abolished as provided by Subchapter A-1, Chapter 531, Government
1139	1139	Code, as added by this article.
1140	1140	ARTICLE 2. HEALTH AND HUMAN SERVICES SYSTEM OPERATIONS
1141	1141	SECTION 2.01. Section 531.001, Government Code, is amended
1142	1142	by adding Subdivision (3-a) to read as follows:
1143	1143	(3-a) "Health and human services system" means the
1144	1144	system for providing or otherwise administering health and human
1145	1145	services in this state by the commission, including through an
1146	1146	office or division of the commission or through another entity
1147	1147	under the administrative and operational control of the executive
1148	1148	commissioner.
1149	1149	SECTION 2.02. Subchapter A, Chapter 531, Government Code,
1150	1150	is amended by adding Section 531.00551 to read as follows:
1151	1151	Sec. 531.00551. CONSOLIDATED INTERNAL AUDIT PROGRAM. (a)
1152	1152	Notwithstanding Section 2102.005, the commission shall operate the
1153	1153	internal audit program required under Chapter 2102 for the
1154	1154	commission and each health and human services agency as a
1155	1155	consolidated internal audit program.
1156	1156	(b) For purposes of this section, a reference in Chapter
1157	1157	2102 to the administrator of a state agency with respect to a health
1158	1158	and human services agency means the executive commissioner.
1159	1159	(c) This section expires on the deadline specified by
1160	1160	Section 531.0204(a)(3).
1161	1161	SECTION 2.03. Section 531.006, Government Code, is amended
1162	1162	to read as follows:
1163	1163	Sec. 531.006. ELIGIBILITY FOR APPOINTMENT AS EXECUTIVE
1164	1164	COMMISSIONER; EMPLOYEE RESTRICTIONS. (a) In this section, "Texas
1165	1165	trade association" means a cooperative and voluntarily joined
1166	1166	statewide association of business or professional competitors in
1167	1167	this state designed to assist its members and its industry or
1168	1168	profession in dealing with mutual business or professional problems
1169	1169	and in promoting their common interest.
1170	1170	(a-1) A person may not be appointed [is not eligible for
1171	1171	appointment] as executive commissioner, may not serve on the
1172	1172	commission's executive council, and may not be a commission
1173	1173	employee employed in a "bona fide executive, administrative, or
1174	1174	professional capacity," as that phrase is used for purposes of
1175	1175	establishing an exemption to the overtime provisions of the federal
1176	1176	Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
1177	1177	(1) the person is an officer, employee, or paid
1178	1178	consultant of a Texas trade association in the field of health and
1179	1179	human services; or
1180	1180	(2) the person's spouse is an [employee,] officer,
1181	1181	manager, or paid consultant of a Texas trade association in the [a]
1182	1182	field of health and human services [under the commission's
1183	1183	jurisdiction].
1184	1184	(b) A person may not be appointed as executive commissioner
1185	1185	or act as general counsel of the commission if the person [who] is
1186	1186	required to register as a lobbyist under Chapter 305 because of the
1187	1187	person's activities for compensation [in or] on behalf of a
1188	1188	profession related to the operation of the commission [a field
1189	1189	under the commission's jurisdiction may not serve as commissioner].
1190	1190	(c) A person may not be appointed [is not eligible for
1191	1191	appointment] as executive commissioner if the person has a
1192	1192	financial interest in a corporation, organization, or association
1193	1193	under contract with the commission or a health and human services
1194	1194	agency [the Texas Department of Mental Health and Mental
1195	1195	Retardation], a local mental health or intellectual and
1196	1196	developmental disability [mental retardation] authority, or a
1197	1197	community center.
1198	1198	SECTION 2.04. Section 531.008(c), Government Code, is
1199	1199	amended to read as follows:
1200	1200	(c) The executive commissioner shall establish the
1201	1201	following divisions and offices within the commission:
1202	1202	(1) the eligibility services division to make
1203	1203	eligibility determinations for services provided through the
1204	1204	commission or a health and human services agency related to:
1205	1205	(A) the child health plan program;
1206	1206	(B) the financial assistance program under
1207	1207	Chapter 31, Human Resources Code;
1208	1208	(C) the medical assistance program under Chapter
1209	1209	32, Human Resources Code;
1210	1210	(D) the nutritional assistance programs under
1211	1211	Chapter 33, Human Resources Code;
1212	1212	(E) long-term care services, as defined by
1213	1213	Section 22.0011, Human Resources Code;
1214	1214	(F) community-based support services identified
1215	1215	or provided in accordance with Section 531.02481; and
1216	1216	(G) other health and human services programs, as
1217	1217	appropriate;
1218	1218	(2) the office of inspector general to perform fraud
1219	1219	and abuse investigation and enforcement functions as provided by
1220	1220	Subchapter C and other law;
1221	1221	(3) the office of the ombudsman as provided by Section
1222	1222	531.0171 [to:
1223	1223	[(A) provide dispute resolution services for the
1224	1224	commission and the health and human services agencies; and
1225	1225	[(B) perform consumer protection functions
1226	1226	related to health and human services];
1227	1227	(4) a purchasing division as provided by Section
1228	1228	531.017; and
1229	1229	(5) an internal audit division to conduct a program of
1230	1230	internal auditing in accordance with [Government Code,] Chapter
1231	1231	2102.
1232	1232	SECTION 2.05. Section 531.0161, Government Code, is amended
1233	1233	by adding Subsection (c) to read as follows:
1234	1234	(c) The commission shall:
1235	1235	(1) coordinate the implementation of the policy
1236	1236	developed under Subsection (a);
1237	1237	(2) provide training as needed to implement the
1238	1238	procedures for negotiated rulemaking or alternative dispute
1239	1239	resolution; and
1240	1240	(3) collect data concerning the effectiveness of those
1241	1241	procedures.
1242	1242	SECTION 2.06. (a) Subchapter A, Chapter 531, Government
1243	1243	Code, is amended by adding Section 531.0164 to read as follows:
1244	1244	Sec. 531.0164. HEALTH AND HUMAN SERVICES SYSTEM INTERNET
1245	1245	WEBSITE COORDINATION. The commission shall establish a process to
1246	1246	ensure Internet websites across the health and human services
1247	1247	system are developed and maintained according to standard criteria
1248	1248	for uniformity, efficiency, and technical capabilities. Under the
1249	1249	process, the commission shall:
1250	1250	(1) develop and maintain an inventory of all health
1251	1251	and human services system Internet websites;
1252	1252	(2) on an ongoing basis, evaluate the inventory
1253	1253	maintained under Subdivision (1) to:
1254	1254	(A) determine whether any of the Internet
1255	1255	websites should be consolidated to improve public access to those
1256	1256	websites' content; and
1257	1257	(B) ensure the Internet websites comply with the
1258	1258	standard criteria; and
1259	1259	(3) if appropriate, consolidate the websites
1260	1260	identified under Subdivision (2)(A).
1261	1261	(b) As soon as possible after the effective date of this
1262	1262	article, the Health and Human Services Commission shall implement
1263	1263	Section 531.0164, Government Code, as added by this article.
1264	1264	(c) As soon as possible after a state agency or entity is
1265	1265	abolished as provided by Section 531.0202, Government Code, as
1266	1266	added by this Act, the Health and Human Services Commission shall,
1267	1267	in accordance with Section 531.0164, Government Code, as added by
1268	1268	this article, ensure that an Internet website operated by or
1269	1269	related to the abolished state agency or entity is updated,
1270	1270	transferred, or consolidated to reflect the consolidation mandated
1271	1271	by Subchapter A-1, Chapter 531, Government Code, as added by this
1272	1272	Act.
1273	1273	SECTION 2.07. (a) Subchapter A, Chapter 531, Government
1274	1274	Code, is amended by adding Section 531.0171 to read as follows:
1275	1275	Sec. 531.0171. OFFICE OF OMBUDSMAN. (a) The executive
1276	1276	commissioner shall establish the commission's office of the
1277	1277	ombudsman with authority and responsibility over the health and
1278	1278	human services system in performing the following functions:
1279	1279	(1) providing dispute resolution services for the
1280	1280	health and human services system;
1281	1281	(2) performing consumer protection and advocacy
1282	1282	functions related to health and human services, including assisting
1283	1283	a consumer or other interested person with:
1284	1284	(A) raising a matter within the health and human
1285	1285	services system that the person feels is being ignored; and
1286	1286	(B) obtaining information regarding a filed
1287	1287	complaint; and
1288	1288	(3) collecting inquiry and complaint data related to
1289	1289	the health and human services system.
1290	1290	(b) The office of the ombudsman does not have the authority
1291	1291	to provide a separate process for resolving complaints or appeals.
1292	1292	(c) The executive commissioner shall develop a standard
1293	1293	process for tracking and reporting received inquiries and
1294	1294	complaints within the health and human services system. The
1295	1295	process must provide for the centralized tracking of inquiries and
1296	1296	complaints submitted to field, regional, or other local health and
1297	1297	human services system offices.
1298	1298	(d) Using the process developed under Subsection (c), the
1299	1299	office of the ombudsman shall collect inquiry and complaint data
1300	1300	from all offices, agencies, divisions, and other entities within
1301	1301	the health and human services system. To assist with the collection
1302	1302	of data under this subsection, the office may access any system or
1303	1303	process for recording inquiries and complaints used or maintained
1304	1304	within the health and human services system.
1305	1305	(b) As soon as possible after the effective date of this
1306	1306	article, the executive commissioner of the Health and Human
1307	1307	Services Commission shall implement Section 531.0171, Government
1308	1308	Code, as added by this article.
1309	1309	(c) Notwithstanding any other provision of state law, each
1310	1310	office of an ombudsman established before the effective date of
1311	1311	this section that performs ombudsman duties for a state agency or
1312	1312	entity subject to abolition under Section 531.0202, Government
1313	1313	Code, as added by this Act, is abolished on the date the state
1314	1314	agency or entity for which the office performs ombudsman duties is
1315	1315	abolished in accordance with the transition plan under Section
1316	1316	531.0204, Government Code, as added by this Act, except that the
1317	1317	following are not abolished and continue in existence:
1318	1318	(1) the office of independent ombudsman for state
1319	1319	supported living centers established under Subchapter C, Chapter
1320	1320	555, Health and Safety Code;
1321	1321	(2) the office of the state long-term care ombudsman;
1322	1322	and
1323	1323	(3) any other ombudsman office serving all or part of
1324	1324	the health and human services system that is required by federal
1325	1325	law.
1326	1326	(d) The executive commissioner of the Health and Human
1327	1327	Services Commission shall certify which offices of ombudsman are
1328	1328	abolished, and which are exempt from abolition, under Subsection
1329	1329	(c) of this section and shall publish that certification in the
1330	1330	Texas Register not later than September 1, 2016.
1331	1331	(e) Section 533.039, Health and Safety Code, is repealed.
1332	1332	SECTION 2.08. (a) Subchapter A, Chapter 531, Government
1333	1333	Code, is amended by adding Section 531.0192 to read as follows:
1334	1334	Sec. 531.0192. HEALTH AND HUMAN SERVICES SYSTEM HOTLINE AND
1335	1335	CALL CENTER COORDINATION. (a) The commission shall establish a
1336	1336	process to ensure all health and human services system hotlines and
1337	1337	call centers are necessary and appropriate. Under the process, the
1338	1338	commission shall:
1339	1339	(1) develop criteria for use in assessing whether a
1340	1340	hotline or call center serves an ongoing purpose;
1341	1341	(2) develop and maintain an inventory of all system
1342	1342	hotlines and call centers;
1343	1343	(3) use the inventory and assessment criteria
1344	1344	developed under this subsection to periodically consolidate
1345	1345	hotlines and call centers along appropriate functional lines; and
1346	1346	(4) develop an approval process designed to ensure
1347	1347	that a newly established hotline or call center, including the
1348	1348	telephone system and contract terms for the hotline or call center,
1349	1349	meets policies and standards established by the commission.
1350	1350	(b) In consolidating hotlines and call centers under
1351	1351	Subsection (a)(3), the commission shall seek to maximize the use
1352	1352	and effectiveness of the commission's 2-1-1 telephone number.
1353	1353	(b) As soon as possible after the effective date of this
1354	1354	article, the Health and Human Services Commission shall implement
1355	1355	Section 531.0192, Government Code, as added by this article.
1356	1356	(c) Not later than March 1, 2016, the Health and Human
1357	1357	Services Commission shall complete an initial assessment and
1358	1358	consolidation of hotlines and call centers, as required by Section
1359	1359	531.0192, Government Code, as added by this article.
1360	1360	(d) As soon as possible after a state agency or entity is
1361	1361	abolished as provided by Section 531.0202, Government Code, as
1362	1362	added by this Act, the Health and Human Services Commission shall,
1363	1363	in accordance with Section 531.0192, Government Code, as added by
1364	1364	this article, ensure a hotline or call center operated or
1365	1365	administered by the abolished state agency or entity is transferred
1366	1366	or consolidated to reflect the consolidation mandated by Subchapter
1367	1367	A-1, Chapter 531, Government Code, as added by this Act.
1368	1368	SECTION 2.09. (a) Section 531.02111(b), Government Code,
1369	1369	is amended to read as follows:
1370	1370	(b) The report must include:
1371	1371	(1) for each state agency described by Subsection (a):
1372	1372	(A) a description of each of the Medicaid
1373	1373	programs administered or operated by the agency; and
1374	1374	(B) an accounting of all funds related to the
1375	1375	state Medicaid program received and disbursed by the agency during
1376	1376	the period covered by the report, including:
1377	1377	(i) the amount of any federal medical
1378	1378	assistance funds allocated to the agency for the support of each of
1379	1379	the Medicaid programs operated or administered by the agency;
1380	1380	(ii) the amount of any funds appropriated
1381	1381	by the legislature to the agency for each of those programs; and
1382	1382	(iii) the amount of medical assistance
1383	1383	payments and related expenditures made by or in connection with
1384	1384	each of those programs; and
1385	1385	(2) for each Medicaid program identified in the
1386	1386	report:
1387	1387	(A) the amount and source of funds or other
1388	1388	revenue received by or made available to the agency for the program;
1389	1389	[and]
1390	1390	(B) the amount spent on each type of service or
1391	1391	benefit provided by or under the program;
1392	1392	(C) the amount spent on program operations,
1393	1393	including eligibility determination, claims processing, and case
1394	1394	management; and
1395	1395	(D) the amount spent on any other administrative
1396	1396	costs [information required by Section 531.02112(b)].
1397	1397	(b) The following provisions are repealed:
1398	1398	(1) Section 531.02112, Government Code;
1399	1399	(2) Sections 531.03131(f) and (g), Government Code;
1400	1400	(3) Section 2155.144(o), Government Code; and
1401	1401	(4) Section 22.0251(b), Human Resources Code.
1402	1402	SECTION 2.10. (a) Subchapter B, Chapter 531, Government
1403	1403	Code, is amended by adding Section 531.02118 to read as follows:
1404	1404	Sec. 531.02118. STREAMLINING MEDICAID PROVIDER ENROLLMENT
1405	1405	AND CREDENTIALING PROCESSES. (a) The commission shall streamline
1406	1406	provider enrollment and credentialing processes under the Medicaid
1407	1407	program.
1408	1408	(b) In streamlining the Medicaid provider enrollment
1409	1409	process, the commission shall establish a centralized Internet
1410	1410	portal through which providers may enroll in the Medicaid program.
1411	1411	The commission may use the Internet portal created under this
1412	1412	subsection to create a single, consolidated Medicaid provider
1413	1413	enrollment and credentialing process.
1414	1414	(c) In streamlining the Medicaid provider credentialing
1415	1415	process under this section, the commission may designate a
1416	1416	centralized credentialing entity and may:
1417	1417	(1) share information in the database established
1418	1418	under Subchapter C, Chapter 32, Human Resources Code, with the
1419	1419	centralized credentialing entity; and
1420	1420	(2) require all managed care organizations
1421	1421	contracting with the commission to provide health care services to
1422	1422	Medicaid recipients under a managed care plan issued by the
1423	1423	organization to use the centralized credentialing entity as a hub
1424	1424	for the collection and sharing of information.
1425	1425	(d) If cost-effective, the commission may contract with a
1426	1426	third party to develop the single, consolidated Medicaid provider
1427	1427	enrollment and credentialing process authorized under Subsection
1428	1428	(b).
1429	1429	(b) The Health and Human Services Commission shall
1430	1430	streamline provider enrollment and credentialing processes as
1431	1431	required under Section 531.02118, Government Code, as added by this
1432	1432	article, not later than September 1, 2016.
1433	1433	SECTION 2.11. (a) Section 531.02141, Government Code, is
1434	1434	amended by adding Subsections (c), (d), and (e) to read as follows:
1435	1435	(c) The commission shall regularly evaluate data submitted
1436	1436	by managed care organizations that contract with the commission
1437	1437	under Chapter 533 to determine whether:
1438	1438	(1) the data continues to serve a useful purpose; and
1439	1439	(2) additional data is needed to oversee contracts or
1440	1440	evaluate the effectiveness of the Medicaid program.
1441	1441	(d) The commission shall collect Medicaid managed care data
1442	1442	that effectively captures the quality of services received by
1443	1443	Medicaid recipients.
1444	1444	(e) The commission shall develop a dashboard for agency
1445	1445	leadership that is designed to assist leadership with overseeing
1446	1446	the Medicaid program and comparing the performance of managed care
1447	1447	organizations participating in the program. The dashboard must
1448	1448	identify a concise number of important Medicaid indicators,
1449	1449	including key data, performance measures, trends, and problems.
1450	1450	(b) Not later than March 1, 2016, the Health and Human
1451	1451	Services Commission shall develop the dashboard required by Section
1452	1452	531.02141(e), Government Code, as added by this article.
1453	1453	SECTION 2.12. Subchapter B, Chapter 531, Government Code,
1454	1454	is amended by adding Section 531.02731 to read as follows:
1455	1455	Sec. 531.02731. REPORT OF INFORMATION RESOURCES MANAGER TO
1456	1456	COMMISSION. (a) Notwithstanding Section 2054.075(b), the
1457	1457	information resources manager of a health and human services agency
1458	1458	shall report directly to the executive commissioner or a deputy
1459	1459	executive commissioner designated by the executive commissioner.
1460	1460	(b) This section expires on the deadline specified by
1461	1461	Section 531.0204(a)(3).
1462	1462	SECTION 2.13. Section 531.102, Government Code, is amended
1463	1463	by adding Subsections (p) and (q) to read as follows:
1464	1464	(p) In accordance with Section 533.015(b), the office shall
1465	1465	consult with the executive commissioner regarding the adoption of
1466	1466	rules defining the office's role in and jurisdiction over, and the
1467	1467	frequency of, audits of managed care organizations participating in
1468	1468	the Medicaid program that are conducted by the office and the
1469	1469	commission.
1470	1470	(q) The office shall coordinate all audit and oversight
1471	1471	activities, including the development of audit plans, risk
1472	1472	assessments, and findings, with the commission to minimize the
1473	1473	duplication of activities. In coordinating activities under this
1474	1474	subsection, the office shall:
1475	1475	(1) on an annual basis, seek input from the commission
1476	1476	and consider previous audits and onsite visits made by the
1477	1477	commission for purposes of determining whether to audit a managed
1478	1478	care organization participating in the Medicaid program; and
1479	1479	(2) request the results of any informal audit or
1480	1480	onsite visit performed by the commission that could inform the
1481	1481	office's risk assessment when determining whether to conduct, or
1482	1482	the scope of, an audit of a managed care organization participating
1483	1483	in the Medicaid program.
1484	1484	SECTION 2.14. (a) Section 531.1031(a), Government Code, is
1485	1485	amended to read as follows:
1486	1486	(a) In this section and Sections 531.1032, 531.1033, and
1487	1487	531.1034:
1488	1488	(1) "Health care professional" means a person issued a
1489	1489	license[, registration, or certification] to engage in a health
1490	1490	care profession.
1491	1491	(1-a) "License" means a license, certificate,
1492	1492	registration, permit, or other authorization that:
1493	1493	(A) is issued by a licensing authority; and
1494	1494	(B) must be obtained before a person may practice
1495	1495	or engage in a particular business, occupation, or profession.
1496	1496	(1-b) "Licensing authority" means a department,
1497	1497	commission, board, office, or other agency of the state that issues
1498	1498	a license.
1499	1499	(1-c) "Office" means the commission's office of
1500	1500	inspector general unless a different meaning is plainly required by
1501	1501	the context in which the term appears.
1502	1502	(2) "Participating agency" means:
1503	1503	(A) the Medicaid fraud enforcement divisions of
1504	1504	the office of the attorney general;
1505	1505	(B) each licensing authority [board or agency]
1506	1506	with authority to issue a license to [, register, regulate, or
1507	1507	certify] a health care professional or managed care organization
1508	1508	that may participate in the [state] Medicaid program; and
1509	1509	(C) the [commission's] office [of inspector
1510	1510	general].
1511	1511	(3) "Provider" has the meaning assigned by Section
1512	1512	531.1011(10)(A).
1513	1513	(b) Subchapter C, Chapter 531, Government Code, is amended
1514	1514	by adding Sections 531.1032, 531.1033, and 531.1034 to read as
1515	1515	follows:
1516	1516	Sec. 531.1032. OFFICE OF INSPECTOR GENERAL: CRIMINAL
1517	1517	HISTORY RECORD INFORMATION CHECK. (a) The office and each
1518	1518	licensing authority that requires the submission of fingerprints
1519	1519	for the purpose of conducting a criminal history record information
1520	1520	check of a health care professional shall enter into a memorandum of
1521	1521	understanding to ensure that only persons who are licensed and in
1522	1522	good standing as health care professionals participate as providers
1523	1523	in the Medicaid program. The memorandum under this section may be
1524	1524	combined with a memorandum authorized under Section 531.1031(c-1)
1525	1525	and must include a process by which:
1526	1526	(1) the office may confirm with a licensing authority
1527	1527	that a health care professional is licensed and in good standing for
1528	1528	purposes of determining eligibility to participate in the Medicaid
1529	1529	program; and
1530	1530	(2) the licensing authority immediately notifies the
1531	1531	office if:
1532	1532	(A) a provider's license has been revoked or
1533	1533	suspended; or
1534	1534	(B) the licensing authority has taken
1535	1535	disciplinary action against a provider.
1536	1536	(b) The office may not, for purposes of determining a health
1537	1537	care professional's eligibility to participate in the Medicaid
1538	1538	program as a provider, conduct a criminal history record
1539	1539	information check of a health care professional who the office has
1540	1540	confirmed under Subsection (a) is licensed and in good standing.
1541	1541	This subsection does not prohibit the office from performing a
1542	1542	criminal history record information check of a provider that is
1543	1543	required or appropriate for other reasons, including for conducting
1544	1544	an investigation of fraud, waste, or abuse.
1545	1545	(c) For purposes of determining eligibility to participate
1546	1546	in the Medicaid program, the office, after seeking public input,
1547	1547	shall establish and the executive commissioner by rule shall adopt
1548	1548	guidelines for the evaluation of criminal history record
1549	1549	information of providers and potential providers not subject to a
1550	1550	criminal history record information check by a licensing authority
1551	1551	described by Subsection (a). The guidelines must outline conduct,
1552	1552	by provider type, that may be contained in criminal history record
1553	1553	information that will result in exclusion of a person from the
1554	1554	Medicaid program, taking into consideration:
1555	1555	(1) the extent to which the underlying conduct relates
1556	1556	to the services provided under the program;
1557	1557	(2) the degree to which the person would interact with
1558	1558	Medicaid recipients as a provider; and
1559	1559	(3) any previous evidence that the person engaged in
1560	1560	fraud, waste, or abuse under the Medicaid program.
1561	1561	(d) The office and the commission shall use the guidelines
1562	1562	adopted under Subsection (c) to determine whether a provider about
1563	1563	whom the office is notified as provided by Subsection (a)(2) may
1564	1564	continue participating in the Medicaid program as a provider.
1565	1565	(e) The provider enrollment contractor, if applicable, and
1566	1566	a managed care organization participating in the Medicaid program
1567	1567	shall defer to the office regarding whether a person's criminal
1568	1568	history record information precludes the person from participating
1569	1569	in the Medicaid program as a provider.
1570	1570	Sec. 531.1033. MONITORING OF CERTAIN FEDERAL DATABASES.
1571	1571	The office shall routinely check appropriate federal databases,
1572	1572	including databases referenced in 42 C.F.R. Section 455.436, to
1573	1573	ensure that a person who is excluded from participating in the
1574	1574	Medicaid or Medicare program by the federal government is not
1575	1575	participating as a provider in the program.
1576	1576	Sec. 531.1034. TIME TO DETERMINE PROVIDER ELIGIBILITY;
1577	1577	PERFORMANCE METRICS. (a) Not later than the 10th day after the
1578	1578	date the office receives the complete application of a health care
1579	1579	professional seeking to participate in the Medicaid program, the
1580	1580	office shall inform the commission or the health care professional,
1581	1581	as appropriate, of the office's determination regarding whether the
1582	1582	health care professional should be excluded from participating in
1583	1583	the Medicaid program based on:
1584	1584	(1) information concerning the licensing status of the
1585	1585	health care professional obtained as described by Section
1586	1586	531.1032(a);
1587	1587	(2) information contained in the criminal history
1588	1588	record information check that is evaluated in accordance with
1589	1589	guidelines adopted under Section 531.1032(c);
1590	1590	(3) a review of federal databases under Section
1591	1591	531.1033;
1592	1592	(4) the pendency of an open investigation by the
1593	1593	office; or
1594	1594	(5) any other reason the office determines
1595	1595	appropriate.
1596	1596	(b) Completion of an on-site visit of a health care
1597	1597	professional during the period prescribed by Subsection (a) is not
1598	1598	required.
1599	1599	(c) The office shall develop performance metrics to measure
1600	1600	the length of time for conducting a determination described by
1601	1601	Subsection (a) with respect to applications that are complete when
1602	1602	submitted and all other applications.
1603	1603	(c) Not later than September 1, 2016, the executive
1604	1604	commissioner of the Health and Human Services Commission shall
1605	1605	adopt the guidelines required under Section 531.1032(c),
1606	1606	Government Code, as added by this section.
1607	1607	SECTION 2.15. (a) Chapter 531, Government Code, is amended
1608	1608	by adding Subchapter M to read as follows:
1609	1609	SUBCHAPTER M. COORDINATION OF QUALITY INITIATIVES
1610	1610	Sec. 531.451. OPERATIONAL PLAN TO COORDINATE INITIATIVES.
1611	1611	(a) The commission shall develop and implement a comprehensive,
1612	1612	coordinated operational plan to ensure a consistent approach across
1613	1613	the major quality initiatives of the health and human services
1614	1614	system for improving the quality of health care.
1615	1615	(b) The operational plan developed under this section must
1616	1616	include broad goals for the improvement of the quality of health
1617	1617	care in this state, including health care services provided through
1618	1618	the Medicaid program.
1619	1619	Sec. 531.452. REVISION OF MAJOR INITIATIVES.
1620	1620	Notwithstanding any other law, the commission shall revise major
1621	1621	quality initiatives of the health and human services system in
1622	1622	accordance with the operational plan and health care quality
1623	1623	improvement goals developed under Section 531.451. To the extent it
1624	1624	is possible, the commission shall ensure that outcome measure data
1625	1625	is collected and reported consistently across all major quality
1626	1626	initiatives to improve the evaluation of the initiatives' statewide
1627	1627	impact.
1628	1628	Sec. 531.453. INCENTIVES FOR INITIATIVE COORDINATION. The
1629	1629	commission shall consider and, if the commission determines it
1630	1630	appropriate, develop incentives that promote coordination among
1631	1631	the various major quality initiatives in accordance with this
1632	1632	subchapter, including projects and initiatives approved under the
1633	1633	Texas Health Care Transformation and Quality Improvement Program
1634	1634	waiver issued under Section 1115 of the federal Social Security Act
1635	1635	(42 U.S.C. Section 1315).
1636	1636	Sec. 531.454. RENEWAL OF FEDERAL AUTHORIZATION FOR MEDICAID
1637	1637	REFORM. (a) When the commission seeks to renew the Texas Health
1638	1638	Care Transformation and Quality Improvement Program waiver issued
1639	1639	under Section 1115 of the federal Social Security Act (42 U.S.C.
1640	1640	Section 1315), the commission shall, to the extent permitted under
1641	1641	federal law:
1642	1642	(1) seek to reduce the number of approved project
1643	1643	options that may be funded under the waiver using delivery system
1644	1644	reform incentive payments to include only those projects that are:
1645	1645	(A) the most critical for improving the quality
1646	1646	of health care, including behavioral health services; and
1647	1647	(B) consistent with the operational plan and
1648	1648	health care quality improvement goals developed under Section
1649	1649	531.451; and
1650	1650	(2) allow a delivery system reform incentive payment
1651	1651	project that, as a result of Subdivision (1), is no longer an option
1652	1652	under the waiver, to continue operating as long as the project meets
1653	1653	funding requirements and outcome objectives.
1654	1654	(b) In reducing the number of approved project options under
1655	1655	Subsection (a), the commission shall take into consideration the
1656	1656	diversity of local and regional health care needs in this state.
1657	1657	(c) This section expires September 1, 2017.
1658	1658	(b) As soon as possible after the effective date of this
1659	1659	article, the Health and Human Services Commission shall develop the
1660	1660	operational plan and perform the other actions corresponding with
1661	1661	the operational plan as required under Subchapter M, Chapter 531,
1662	1662	Government Code, as added by this article.
1663	1663	SECTION 2.16. Section 533.00255(a), Government Code, is
1664	1664	amended to read as follows:
1665	1665	(a) In this section, "behavioral health services" means
1666	1666	mental health and substance abuse disorder services[, other than
1667	1667	those provided through the NorthSTAR demonstration project].
1668	1668	SECTION 2.17. Subchapter A, Chapter 533, Government Code,
1669	1669	is amended by adding Section 533.002551 to read as follows:
1670	1670	Sec. 533.002551. MONITORING OF COMPLIANCE WITH BEHAVIORAL
1671	1671	HEALTH INTEGRATION. (a) In this section, "behavioral health
1672	1672	services" has the meaning assigned by Section 533.00255.
1673	1673	(b) In monitoring contracts the commission enters into with
1674	1674	managed care organizations under this chapter, the commission
1675	1675	shall:
1676	1676	(1) ensure managed care organizations fully integrate
1677	1677	behavioral health services into a recipient's primary care
1678	1678	coordination;
1679	1679	(2) use performance audits and other oversight tools
1680	1680	to improve monitoring of the provision and coordination of
1681	1681	behavioral health services; and
1682	1682	(3) establish performance measures that may be used to
1683	1683	determine the effectiveness of the integration of behavioral health
1684	1684	services.
1685	1685	(c) In monitoring a managed care organization's compliance
1686	1686	with behavioral health services integration requirements under
1687	1687	this section, the commission shall give particular attention to a
1688	1688	managed care organization that provides behavioral health services
1689	1689	through a contract with a third party.
1690	1690	SECTION 2.18. Subchapter A, Chapter 533, Government Code,
1691	1691	is amended by adding Section 533.0061 to read as follows:
1692	1692	Sec. 533.0061. FREQUENCY OF PROVIDER CREDENTIALING. A
1693	1693	managed care organization that contracts with the commission to
1694	1694	provide health care services to Medicaid recipients under a managed
1695	1695	care plan issued by the organization shall formally recredential a
1696	1696	physician or other provider with the frequency required by the
1697	1697	single, consolidated Medicaid provider enrollment and
1698	1698	credentialing process, if that process is created under Section
1699	1699	531.02118. The required frequency of recredentialing may be less
1700	1700	frequent than once in any three-year period, notwithstanding any
1701	1701	other law.
1702	1702	SECTION 2.19. Subchapter A, Chapter 533, Government Code,
1703	1703	is amended by adding Section 533.0077 to read as follows:
1704	1704	Sec. 533.0077. STATEWIDE EFFORT TO PROMOTE MAINTENANCE OF
1705	1705	ELIGIBILITY. (a) The commission shall develop and implement a
1706	1706	statewide effort to assist recipients who satisfy Medicaid
1707	1707	eligibility requirements and who receive Medicaid services through
1708	1708	a managed care organization with maintaining eligibility and
1709	1709	avoiding lapses in coverage under the Medicaid program.
1710	1710	(b) As part of its effort under Subsection (a), the
1711	1711	commission shall:
1712	1712	(1) require each managed care organization providing
1713	1713	health care services to recipients to assist those recipients with
1714	1714	maintaining eligibility;
1715	1715	(2) if the commission determines it is cost-effective,
1716	1716	develop specific strategies for assisting recipients who receive
1717	1717	Supplemental Security Income (SSI) benefits under 42 U.S.C. Section
1718	1718	1381 et seq. with maintaining eligibility; and
1719	1719	(3) ensure information that is relevant to a
1720	1720	recipient's eligibility status is provided to the managed care
1721	1721	organization through which the recipient receives Medicaid
1722	1722	services.
1723	1723	SECTION 2.20. (a) Section 533.015, Government Code, is
1724	1724	amended to read as follows:
1725	1725	Sec. 533.015. COORDINATION OF EXTERNAL OVERSIGHT
1726	1726	ACTIVITIES. (a) To the extent possible, the commission shall
1727	1727	coordinate all external oversight activities to minimize
1728	1728	duplication of oversight of managed care plans under the state
1729	1729	Medicaid program and disruption of operations under those plans.
1730	1730	(b) The executive commissioner, after consulting with the
1731	1731	commission's office of inspector general, shall, by rule, define
1732	1732	the commission's and office's roles in and jurisdiction over, and
1733	1733	frequency of, audits of managed care organizations participating in
1734	1734	the Medicaid program that are conducted by the commission and the
1735	1735	commission's office of inspector general.
1736	1736	(c) In accordance with Section 531.102(q), the commission
1737	1737	shall share with the commission's office of inspector general, at
1738	1738	the request of the office, the results of any informal audit or
1739	1739	onsite visit that could inform that office's risk assessment when
1740	1740	determining whether to conduct, or the scope of, an audit of a
1741	1741	managed care organization participating in the Medicaid program.
1742	1742	(b) Not later than September 1, 2016, the executive
1743	1743	commissioner of the Health and Human Services Commission shall
1744	1744	adopt rules required by Section 533.015(b), Government Code, as
1745	1745	added by this article.
1746	1746	SECTION 2.21. Section 533.041(a), Government Code, is
1747	1747	amended to read as follows:
1748	1748	(a) The executive commissioner shall appoint a state
1749	1749	Medicaid managed care advisory committee. The advisory committee
1750	1750	consists of representatives of:
1751	1751	(1) hospitals;
1752	1752	(2) managed care organizations and participating
1753	1753	health care providers;
1754	1754	(3) primary care providers and specialty care
1755	1755	providers;
1756	1756	(4) state agencies;
1757	1757	(5) low-income recipients or consumer advocates
1758	1758	representing low-income recipients;
1759	1759	(6) recipients with disabilities, including
1760	1760	recipients with intellectual and developmental disabilities or
1761	1761	physical disabilities, or consumer advocates representing those
1762	1762	recipients;
1763	1763	(7) parents of children who are recipients;
1764	1764	(8) rural providers;
1765	1765	(9) advocates for children with special health care
1766	1766	needs;
1767	1767	(10) pediatric health care providers, including
1768	1768	specialty providers;
1769	1769	(11) long-term services and supports providers,
1770	1770	including nursing facility providers and direct service workers;
1771	1771	(12) obstetrical care providers;
1772	1772	(13) community-based organizations serving low-income
1773	1773	children and their families;
1774	1774	(14) community-based organizations engaged in
1775	1775	perinatal services and outreach;
1776	1776	(15) recipients who are 65 years of age or older;
1777	1777	(16) recipients with mental illness;
1778	1778	(17) nonphysician mental health providers
1779	1779	participating in the Medicaid managed care program; and
1780	1780	(18) entities with responsibilities for the delivery
1781	1781	of long-term services and supports or other Medicaid program
1782	1782	service delivery, including:
1783	1783	(A) independent living centers;
1784	1784	(B) area agencies on aging;
1785	1785	(C) aging and disability resource centers
1786	1786	established under the Aging and Disability Resource Center
1787	1787	initiative funded in part by the federal Administration on Aging
1788	1788	and the Centers for Medicare and Medicaid Services; and
1789	1789	(D) community mental health and intellectual
1790	1790	disability centers[; and
1791	1791	[(E) the NorthSTAR Behavioral Health Program
1792	1792	provided under Chapter 534, Health and Safety Code].
1793	1793	SECTION 2.22. (a) Chapter 533, Government Code, is amended
1794	1794	by adding Subchapter E to read as follows:
1795	1795	SUBCHAPTER E. PILOT PROGRAM TO INCREASE INCENTIVE-BASED PROVIDER
1796	1796	PAYMENTS
1797	1797	Sec. 533.081. DEFINITION. In this subchapter, "pilot
1798	1798	program" means the pilot program to increase incentive-based
1799	1799	provider payments established under Section 533.082.
1800	1800	Sec. 533.082. PILOT PROGRAM TO INCREASE INCENTIVE-BASED
1801	1801	PROVIDER PAYMENTS. With the assistance of the work group
1802	1802	established under Section 533.083, the commission shall develop a
1803	1803	pilot program to increase the use and effectiveness of
1804	1804	incentive-based provider payments by managed care organizations
1805	1805	providing services under the Medicaid managed care program. The
1806	1806	pilot program must:
1807	1807	(1) be operated in one managed care service delivery
1808	1808	area selected in accordance with Section 533.083(a)(1)(A);
1809	1809	(2) require all managed care organizations in the
1810	1810	selected service delivery area to participate in the program; and
1811	1811	(3) pilot incentive-based provider payment structures
1812	1812	determined in accordance with Section 533.083(a)(2).
1813	1813	Sec. 533.083. PILOT PROGRAM DEVELOPMENT WORK GROUP. (a)
1814	1814	The executive commissioner shall establish a work group to assist
1815	1815	the commission with developing the pilot program required under
1816	1816	this subchapter. The work group shall assist the commission with:
1817	1817	(1) selecting:
1818	1818	(A) the managed care service delivery area in
1819	1819	which the pilot program will be implemented; and
1820	1820	(B) managed care programs to be included in the
1821	1821	pilot program;
1822	1822	(2) determining the types of incentive-based provider
1823	1823	payment structures to pilot and the services that most
1824	1824	appropriately fit into those payment structures; and
1825	1825	(3) determining a timeline for implementation of the
1826	1826	pilot program that requires implementation to begin not later than
1827	1827	January 1, 2017.
1828	1828	(b) The executive commissioner shall determine the number
1829	1829	of members of the work group and ensure that the work group consists
1830	1830	of representatives from:
1831	1831	(1) the commission;
1832	1832	(2) managed care organizations providing services
1833	1833	under the Medicaid managed care program; and
1834	1834	(3) professional associations composed of health care
1835	1835	providers.
1836	1836	(c) A member of the work group serves at the pleasure of the
1837	1837	executive commissioner and without compensation.
1838	1838	Sec. 533.084. ASSESSMENT AND IMPLEMENTATION OF PILOT
1839	1839	PROGRAM FINDINGS. Not later than September 1, 2018, and
1840	1840	notwithstanding any other law, the commission shall:
1841	1841	(1) based on the results of the pilot program,
1842	1842	identify which types of incentive-based provider payment
1843	1843	structures are most appropriate for statewide implementation and
1844	1844	the services that can be provided under those structures; and
1845	1845	(2) require that a managed care organization that has
1846	1846	contracted with the commission to provide health care services to
1847	1847	recipients implement the payment structures identified under
1848	1848	Subdivision (1).
1849	1849	Sec. 533.085. EXPIRATION. Sections 533.081, 533.082, and
1850	1850	533.083 and this section expire September 1, 2018.
1851	1851	(b) As soon as possible after the effective date of this
1852	1852	article, the executive commissioner of the Health and Human
1853	1853	Services Commission shall establish the work group and the
1854	1854	commission shall develop the pilot program required under
1855	1855	Subchapter E, Chapter 533, Government Code, as added by this
1856	1856	article.
1857	1857	(c) The Health and Human Services Commission, in a contract
1858	1858	between the commission and a managed care organization under
1859	1859	Chapter 533, Government Code, that is entered into or renewed on or
1860	1860	after September 1, 2018, shall require that the managed care
1861	1861	organization implement the incentive-based provider payment
1862	1862	structures identified by the commission under Section 533.084,
1863	1863	Government Code, as added by this article.
1864	1864	(d) The Health and Human Services Commission shall seek to
1865	1865	amend contracts entered into with managed care organizations under
1866	1866	Chapter 533, Government Code, before September 1, 2018, to require
1867	1867	that those managed care organizations implement the
1868	1868	incentive-based provider payment structures identified by the
1869	1869	commission under Section 533.084, Government Code, as added by this
1870	1870	article. To the extent of a conflict between that section and a
1871	1871	provision of a contract with a managed care organization entered
1872	1872	into before September 1, 2018, the contract provision prevails.
1873	1873	SECTION 2.23. Section 1001.080(b), Health and Safety Code,
1874	1874	is amended to read as follows:
1875	1875	(b) This section applies to health or mental health
1876	1876	benefits, services, or assistance provided by the department that
1877	1877	the department anticipates will be impacted by a health insurance
1878	1878	exchange as defined by Section 1001.081(a), including:
1879	1879	(1) community primary health care services provided
1880	1880	under Chapter 31;
1881	1881	(2) women's and children's health services provided
1882	1882	under Chapter 32;
1883	1883	(3) services for children with special health care
1884	1884	needs provided under Chapter 35;
1885	1885	(4) epilepsy program assistance provided under
1886	1886	Chapter 40;
1887	1887	(5) hemophilia program assistance provided under
1888	1888	Chapter 41;
1889	1889	(6) kidney health care services provided under Chapter
1890	1890	42;
1891	1891	(7) human immunodeficiency virus infection and
1892	1892	sexually transmitted disease prevention programs and services
1893	1893	provided under Chapter 85;
1894	1894	(8) immunization programs provided under Chapter 161;
1895	1895	(9) programs and services provided by the Rio Grande
1896	1896	State Center under Chapter 252;
1897	1897	(10) mental health services for adults provided under
1898	1898	Chapter 534;
1899	1899	(11) mental health services for children provided
1900	1900	under Chapter 534;
1901	1901	(12) [the NorthSTAR Behavioral Health Program
1902	1902	provided under Chapter 534;
1903	1903	[(13)] programs and services provided by community
1904	1904	mental health hospitals under Chapter 552;
1905	1905	(13) [(14)] programs and services provided by state
1906	1906	mental health hospitals under Chapter 552; and
1907	1907	(14) [(15)] any other health or mental health program
1908	1908	or service designated by the department.
1909	1909	SECTION 2.24. Section 1001.201(2), Health and Safety Code,
1910	1910	as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature,
1911	1911	Regular Session, 2013, is amended to read as follows:
1912	1912	(2) "Local mental health authority" has the meaning
1913	1913	assigned by Section 531.002 [and includes the local behavioral
1914	1914	health authority for the NorthSTAR Behavioral Health Program].
1915	1915	ARTICLE 3. HEALTH AND HUMAN SERVICES SYSTEM ADVISORY ENTITIES
1916	1916	SECTION 3.01. Section 262.353(d), Family Code, is amended
1917	1917	to read as follows:
1918	1918	(d) Not later than September 30, 2014, the department and
1919	1919	the Department of State Health Services shall file a report with the
1920	1920	legislature [and the Council on Children and Families] on the
1921	1921	results of the study required by Subsection (a). The report must
1922	1922	include:
1923	1923	(1) each option to prevent relinquishment of parental
1924	1924	custody that was considered during the study;
1925	1925	(2) each option recommended for implementation, if
1926	1926	any;
1927	1927	(3) each option that is implemented using existing
1928	1928	resources;
1929	1929	(4) any policy or statutory change needed to implement
1930	1930	a recommended option;
1931	1931	(5) the fiscal impact of implementing each option, if
1932	1932	any;
1933	1933	(6) the estimated number of children and families that
1934	1934	may be affected by the implementation of each option; and
1935	1935	(7) any other significant information relating to the
1936	1936	study.
1937	1937	SECTION 3.02. (a) Section 531.012, Government Code, is
1938	1938	amended to read as follows:
1939	1939	Sec. 531.012. ADVISORY COMMITTEES. (a) The executive
1940	1940	commissioner shall establish and maintain [may appoint] advisory
1941	1941	committees to consider issues and solicit public input across all
1942	1942	major areas of the health and human services system, including
1943	1943	relating to the following issues:
1944	1944	(1) Medicaid and other social services programs;
1945	1945	(2) managed care under Medicaid and the child health
1946	1946	plan program;
1947	1947	(3) health care quality initiatives;
1948	1948	(4) aging;
1949	1949	(5) persons with disabilities, including persons with
1950	1950	autism;
1951	1951	(6) rehabilitation, including for persons with brain
1952	1952	injuries;
1953	1953	(7) children;
1954	1954	(8) public health;
1955	1955	(9) behavioral health;
1956	1956	(10) regulatory matters;
1957	1957	(11) protective services;
1958	1958	(12) prevention efforts; and
1959	1959	(13) faith- and community-based initiatives.
1960	1960	(b) Chapter 2110 applies to an advisory committee
1961	1961	established under this section.
1962	1962	(c) The executive commissioner shall adopt rules:
1963	1963	(1) in compliance with Chapter 2110 to govern an
1964	1964	advisory committee's purpose, tasks, reporting requirements, and
1965	1965	date of abolition; and
1966	1966	(2) related to an advisory committee's:
1967	1967	(A) size and quorum requirements;
1968	1968	(B) membership, including:
1969	1969	(i) qualifications to be a member,
1970	1970	including any experience requirements;
1971	1971	(ii) required geographic representation;
1972	1972	(iii) appointment procedures; and
1973	1973	(iv) terms of members; and
1974	1974	(C) duty to comply with the requirements for open
1975	1975	meetings under Chapter 551.
1976	1976	(d) An advisory committee established under this section
1977	1977	shall report any recommendations to the executive commissioner at a
1978	1978	meeting of the Health and Human Services Commission Executive
1979	1979	Council established under Section 531.0051 [as needed].
1980	1980	(b) Not later than March 1, 2016, the executive commissioner
1981	1981	of the Health and Human Services Commission shall adopt rules under
1982	1982	Section 531.012, Government Code, as amended by this article.
1983	1983	SECTION 3.03. Subchapter A, Chapter 531, Government Code,
1984	1984	is amended by adding Section 531.0121 to read as follows:
1985	1985	Sec. 531.0121. PUBLIC ACCESS TO ADVISORY COMMITTEE
1986	1986	MEETINGS. (a) This section applies to an advisory committee
1987	1987	established under Section 531.012.
1988	1988	(b) The commission shall create a master calendar that
1989	1989	includes all advisory committee meetings across the health and
1990	1990	human services system.
1991	1991	(c) The commission shall make available on the commission's
1992	1992	Internet website:
1993	1993	(1) the master calendar;
1994	1994	(2) all meeting materials for an advisory committee
1995	1995	meeting; and
1996	1996	(3) streaming live video of each advisory committee
1997	1997	meeting.
1998	1998	(d) The commission shall provide Internet access in each
1999	1999	room used for a meeting that appears on the master calendar.
2000	2000	SECTION 3.04. Section 531.0216(b), Government Code, is
2001	2001	amended to read as follows:
2002	2002	(b) In developing the system, the executive commissioner by
2003	2003	rule shall:
2004	2004	(1) review programs and pilot projects in other states
2005	2005	to determine the most effective method for reimbursement;
2006	2006	(2) establish billing codes and a fee schedule for
2007	2007	services;
2008	2008	(3) provide for an approval process before a provider
2009	2009	can receive reimbursement for services;
2010	2010	(4) consult with the Department of State Health
2011	2011	Services [and the telemedicine and telehealth advisory committee]
2012	2012	to establish procedures to:
2013	2013	(A) identify clinical evidence supporting
2014	2014	delivery of health care services using a telecommunications system;
2015	2015	and
2016	2016	(B) annually review health care services,
2017	2017	considering new clinical findings, to determine whether
2018	2018	reimbursement for particular services should be denied or
2019	2019	authorized;
2020	2020	(5) establish a separate provider identifier for
2021	2021	telemedicine medical services providers, telehealth services
2022	2022	providers, and home telemonitoring services providers; and
2023	2023	(6) establish a separate modifier for telemedicine
2024	2024	medical services, telehealth services, and home telemonitoring
2025	2025	services eligible for reimbursement.
2026	2026	SECTION 3.05. Section 531.02443(e), Government Code, is
2027	2027	amended to read as follows:
2028	2028	(e) The department, with the advice and assistance of [the
2029	2029	interagency task force on ensuring appropriate care settings for
2030	2030	persons with disabilities and] representatives of family members or
2031	2031	legally authorized representatives of adult residents, persons
2032	2032	with an intellectual disability [mental retardation], state
2033	2033	supported living centers [schools], and local intellectual and
2034	2034	developmental disability [mental retardation] authorities, shall:
2035	2035	(1) develop an effective community living options
2036	2036	information process;
2037	2037	(2) create uniform procedures for the implementation
2038	2038	of the community living options information process; and
2039	2039	(3) minimize any potential conflict of interest
2040	2040	regarding the community living options information process between
2041	2041	a state supported living center [school] and an adult resident, an
2042	2042	adult resident's legally authorized representative, or a local
2043	2043	intellectual and developmental disability [mental retardation]
2044	2044	authority.
2045	2045	SECTION 3.06. The heading to Section 531.0273, Government
2046	2046	Code, is amended to read as follows:
2047	2047	Sec. 531.0273. INFORMATION RESOURCES PLANNING AND
2048	2048	MANAGEMENT [; ADVISORY COMMITTEE].
2049	2049	SECTION 3.07. Section 531.051(c), Government Code, is
2050	2050	amended to read as follows:
2051	2051	(c) In adopting rules for the consumer direction models, the
2052	2052	executive commissioner [commission] shall:
2053	2053	(1) [with assistance from the work group established
2054	2054	under Section 531.052,] determine which services are appropriate
2055	2055	and suitable for delivery through consumer direction;
2056	2056	(2) ensure that each consumer direction model is
2057	2057	designed to comply with applicable federal and state laws;
2058	2058	(3) maintain procedures to ensure that a potential
2059	2059	consumer or the consumer's legally authorized representative has
2060	2060	adequate and appropriate information, including the
2061	2061	responsibilities of a consumer or representative under each service
2062	2062	delivery option, to make an informed choice among the types of
2063	2063	consumer direction models;
2064	2064	(4) require each consumer or the consumer's legally
2065	2065	authorized representative to sign a statement acknowledging
2066	2066	receipt of the information required by Subdivision (3);
2067	2067	(5) maintain procedures to monitor delivery of
2068	2068	services through consumer direction to ensure:
2069	2069	(A) adherence to existing applicable program
2070	2070	standards;
2071	2071	(B) appropriate use of funds; and
2072	2072	(C) consumer satisfaction with the delivery of
2073	2073	services;
2074	2074	(6) ensure that authorized program services that are
2075	2075	not being delivered to a consumer through consumer direction are
2076	2076	provided by a provider agency chosen by the consumer or the
2077	2077	consumer's legally authorized representative; and
2078	2078	(7) [work in conjunction with the work group
2079	2079	established under Section 531.052 to] set a timetable to complete
2080	2080	the implementation of the consumer direction models.
2081	2081	SECTION 3.08. Sections 531.057(b) and (c), Government Code,
2082	2082	are amended to read as follows:
2083	2083	(b) The executive commissioner shall [coordinate with the
2084	2084	advisory committee established under Section 531.0571 to] develop a
2085	2085	volunteer advocate program for the elderly receiving services from
2086	2086	or under the direction of the commission or a health and human
2087	2087	services agency.
2088	2088	(c) In developing the program, the executive commissioner
2089	2089	[and the advisory committee] shall adhere to the following
2090	2090	principles:
2091	2091	(1) the intent of the program is to evaluate, through
2092	2092	operation of pilot projects, whether providing the services of a
2093	2093	trained volunteer advocate selected by an elderly individual or the
2094	2094	individual's designated caregiver is effective in achieving the
2095	2095	following goals:
2096	2096	(A) extend the time the elderly individual can
2097	2097	remain in an appropriate home setting;
2098	2098	(B) maximize the efficiency of services
2099	2099	delivered to the elderly individual by focusing on services needed
2100	2100	to sustain family caregiving;
2101	2101	(C) protect the elderly individual by providing a
2102	2102	knowledgeable third party to review the quality of care and
2103	2103	services delivered to the individual and the care options available
2104	2104	to the individual and the individual's family; and
2105	2105	(D) facilitate communication between the elderly
2106	2106	individual or the individual's designated caregiver and providers
2107	2107	of health care and other services;
2108	2108	(2) a volunteer advocate curriculum must be
2109	2109	established that incorporates best practices as determined and
2110	2110	recognized by a professional organization recognized in the elder
2111	2111	health care field;
2112	2112	(3) the use of pro bono assistance from qualified
2113	2113	professionals must be maximized in developing the volunteer
2114	2114	advocate curriculum and designing the program;
2115	2115	(4) trainers must be certified on the ability to
2116	2116	deliver training;
2117	2117	(5) training shall be offered through multiple
2118	2118	community-based organizations; and
2119	2119	(6) participation in the program is voluntary and must
2120	2120	be initiated by the elderly individual or the individual's
2121	2121	designated caregiver.
2122	2122	SECTION 3.09. Section 531.067, Government Code, is amended
2123	2123	to read as follows:
2124	2124	Sec. 531.067. PROGRAM TO IMPROVE AND MONITOR CERTAIN
2125	2125	OUTCOMES OF RECIPIENTS UNDER CHILD HEALTH PLAN AND MEDICAID
2126	2126	PROGRAMS [PUBLIC ASSISTANCE HEALTH BENEFIT REVIEW AND DESIGN
2127	2127	COMMITTEE]. The [(a) The commission shall appoint a Public
2128	2128	Assistance Health Benefit Review and Design Committee. The
2129	2129	committee consists of nine representatives of health care providers
2130	2130	participating in the Medicaid program or the child health plan
2131	2131	program, or both. The committee membership must include at least
2132	2132	three representatives from each program.
2133	2133	[(b) The commissioner shall designate one member to serve as
2134	2134	presiding officer for a term of two years.
2135	2135	[(c) The committee shall meet at the call of the presiding
2136	2136	officer.
2137	2137	[(d) The committee shall review and provide recommendations
2138	2138	to the commission regarding health benefits and coverages provided
2139	2139	under the state Medicaid program, the child health plan program,
2140	2140	and any other income-based health care program administered by the
2141	2141	commission or a health and human services agency. In performing its
2142	2142	duties under this subsection, the committee must:
2143	2143	[(1) review benefits provided under each of the
2144	2144	programs; and
2145	2145	[(2) review procedures for addressing high
2146	2146	utilization of benefits by recipients.
2147	2147	[(e) The commission shall provide administrative support
2148	2148	and resources as necessary for the committee to perform its duties
2149	2149	under this section.
2150	2150	[(f) Section 2110.008 does not apply to the committee.
2151	2151	[(g) In performing the duties under this section, the]
2152	2152	commission may design and implement a program to improve and
2153	2153	monitor clinical and functional outcomes of a recipient of services
2154	2154	under the state child health plan or medical assistance program.
2155	2155	The program may use financial, clinical, and other criteria based
2156	2156	on pharmacy, medical services, and other claims data related to the
2157	2157	child health plan or the state medical assistance program. [The
2158	2158	commission must report to the committee on the fiscal impact,
2159	2159	including any savings associated with the strategies utilized under
2160	2160	this section.]
2161	2161	SECTION 3.10. (a) Section 531.0691, Government Code, is
2162	2162	redesignated as Section 531.0735, Government Code, and amended to
2163	2163	read as follows:
2164	2164	Sec. 531.0735 [531.0691]. MEDICAID DRUG UTILIZATION REVIEW
2165	2165	PROGRAM: DRUG USE REVIEWS AND ANNUAL REPORT. (a) In this section:
2166	2166	(1) "Medicaid Drug Utilization Review Program" means
2167	2167	the program operated by the vendor drug program to improve the
2168	2168	quality of pharmaceutical care under the Medicaid program.
2169	2169	(2) "Prospective drug use review" means the review of
2170	2170	a patient's drug therapy and prescription drug order or medication
2171	2171	order before dispensing or distributing a drug to the patient.
2172	2172	(3) "Retrospective drug use review" means the review
2173	2173	of prescription drug claims data to identify patterns of
2174	2174	prescribing.
2175	2175	(b) The commission shall provide for an increase in the
2176	2176	number and types of retrospective drug use reviews performed each
2177	2177	year under the Medicaid Drug Utilization Review Program, in
2178	2178	comparison to the number and types of reviews performed in the state
2179	2179	fiscal year ending August 31, 2009.
2180	2180	(c) In determining the number and types of drug use reviews
2181	2181	to be performed, the commission shall:
2182	2182	(1) allow for the repeat of retrospective drug use
2183	2183	reviews that address ongoing drug therapy problems and that, in
2184	2184	previous years, improved client outcomes and reduced Medicaid
2185	2185	spending;
2186	2186	(2) consider implementing disease-specific
2187	2187	retrospective drug use reviews that address ongoing drug therapy
2188	2188	problems in this state and that reduced Medicaid prescription drug
2189	2189	use expenditures in other states; and
2190	2190	(3) regularly examine Medicaid prescription drug
2191	2191	claims data to identify occurrences of potential drug therapy
2192	2192	problems that may be addressed by repeating successful
2193	2193	retrospective drug use reviews performed in this state and other
2194	2194	states.
2195	2195	(d) In addition to any other information required by federal
2196	2196	law, the commission shall include the following information in the
2197	2197	annual report regarding the Medicaid Drug Utilization Review
2198	2198	Program:
2199	2199	(1) a detailed description of the program's
2200	2200	activities; and
2201	2201	(2) estimates of cost savings anticipated to result
2202	2202	from the program's performance of prospective and retrospective
2203	2203	drug use reviews.
2204	2204	(e) The cost-saving estimates for prospective drug use
2205	2205	reviews under Subsection (d) must include savings attributed to
2206	2206	drug use reviews performed through the vendor drug program's
2207	2207	electronic claims processing system and clinical edits screened
2208	2208	through the prior authorization system implemented under Section
2209	2209	531.073.
2210	2210	(f) The commission shall post the annual report regarding
2211	2211	the Medicaid Drug Utilization Review Program on the commission's
2212	2212	website.
2213	2213	(b) Subchapter B, Chapter 531, Government Code, is amended
2214	2214	by adding Section 531.0736 to read as follows:
2215	2215	Sec. 531.0736. DRUG UTILIZATION REVIEW BOARD. (a) In this
2216	2216	section, "board" means the Drug Utilization Review Board.
2217	2217	(b) In addition to performing any other duties required by
2218	2218	federal law, the board shall:
2219	2219	(1) develop and submit to the commission
2220	2220	recommendations for preferred drug lists adopted by the commission
2221	2221	under Section 531.072;
2222	2222	(2) suggest to the commission restrictions or clinical
2223	2223	edits on prescription drugs;
2224	2224	(3) recommend to the commission educational
2225	2225	interventions for Medicaid providers;
2226	2226	(4) review drug utilization across the Medicaid
2227	2227	program; and
2228	2228	(5) perform other duties that may be specified by law
2229	2229	and otherwise make recommendations to the commission.
2230	2230	(c) The executive commissioner shall determine the
2231	2231	composition of the board, which must:
2232	2232	(1) comply with applicable federal law, including 42
2233	2233	C.F.R. Section 456.716; and
2234	2234	(2) include two representatives of managed care
2235	2235	organizations as nonvoting members, one of whom must be a physician
2236	2236	and one of whom must be a pharmacist.
2237	2237	(d) Members appointed under Subsection (c)(2) may attend
2238	2238	quarterly and other regularly scheduled meetings, but may not:
2239	2239	(1) attend executive sessions; or
2240	2240	(2) otherwise access confidential drug pricing
2241	2241	information.
2242	2242	(e) Members of the board serve staggered four-year terms.
2243	2243	(f) The voting members of the board shall elect from among
2244	2244	the voting members a presiding officer.
2245	2245	(g) The board shall hold a public meeting quarterly at the
2246	2246	call of the presiding officer and shall permit public comment
2247	2247	before voting on any changes in the preferred drug lists. The board
2248	2248	shall hold public meetings at other times at the call of the
2249	2249	presiding officer. Minutes of each meeting shall be made available
2250	2250	to the public not later than the 10th business day after the date
2251	2251	the minutes are approved. The board may meet in executive session
2252	2252	to discuss confidential information as described by Subsection (i).
2253	2253	(h) In developing its recommendations for the preferred
2254	2254	drug lists, the board shall consider the clinical efficacy, safety,
2255	2255	and cost-effectiveness of and any program benefit associated with a
2256	2256	product.
2257	2257	(i) The executive commissioner shall adopt rules governing
2258	2258	the operation of the board, including rules governing the
2259	2259	procedures used by the board for providing notice of a meeting and
2260	2260	rules prohibiting the board from discussing confidential
2261	2261	information described by Section 531.071 in a public meeting. The
2262	2262	board shall comply with the rules adopted under this subsection and
2263	2263	Subsection (j).
2264	2264	(j) In addition to the rules under Subsection (i), the
2265	2265	executive commissioner by rule shall require the board or the
2266	2266	board's designee to present a summary of any clinical efficacy and
2267	2267	safety information or analyses regarding a drug under consideration
2268	2268	for a preferred drug list that is provided to the board by a private
2269	2269	entity that has contracted with the commission to provide the
2270	2270	information. The board or the board's designee shall provide the
2271	2271	summary in electronic form before the public meeting at which
2272	2272	consideration of the drug occurs. Confidential information
2273	2273	described by Section 531.071 must be omitted from the summary. The
2274	2274	summary must be posted on the commission's Internet website.
2275	2275	(k) To the extent feasible, the board shall review all drug
2276	2276	classes included in the preferred drug lists adopted under Section
2277	2277	531.072 at least once every 12 months and may recommend inclusions
2278	2278	to and exclusions from the lists to ensure that the lists provide
2279	2279	for cost-effective medically appropriate drug therapies for
2280	2280	Medicaid recipients, children receiving health benefits coverage
2281	2281	under the child health plan program, and any other affected
2282	2282	individuals.
2283	2283	(l) The commission shall provide administrative support and
2284	2284	resources as necessary for the board to perform its duties.
2285	2285	(m) Chapter 2110 does not apply to the board.
2286	2286	(n) The commission or the commission's agent shall publicly
2287	2287	disclose, immediately after the board's deliberations conclude,
2288	2288	each specific drug recommended for or against preferred drug list
2289	2289	status for each drug class included in the preferred drug list for
2290	2290	the Medicaid vendor drug program. The disclosure must be posted on
2291	2291	the commission's Internet website not later than the 10th business
2292	2292	day after the date of conclusion of board deliberations that result
2293	2293	in recommendations made to the executive commissioner regarding the
2294	2294	placement of drugs on the preferred drug list. The public
2295	2295	disclosure must include:
2296	2296	(1) the general basis for the recommendation for each
2297	2297	drug class; and
2298	2298	(2) for each recommendation, whether a supplemental
2299	2299	rebate agreement or a program benefit agreement was reached under
2300	2300	Section 531.070.
2301	2301	(c) Section 531.0692, Government Code, is redesignated as
2302	2302	Section 531.0737, Government Code, and amended to read as follows:
2303	2303	Sec. 531.0737 [531.0692]. [MEDICAID] DRUG UTILIZATION
2304	2304	REVIEW BOARD: CONFLICTS OF INTEREST. (a) A member of the [board of
2305	2305	the Medicaid] Drug Utilization Review Board [Program] may not have
2306	2306	a contractual relationship, ownership interest, or other conflict
2307	2307	of interest with a pharmaceutical manufacturer or labeler or with
2308	2308	an entity engaged by the commission to assist in the administration
2309	2309	of the Medicaid Drug Utilization Review Program.
2310	2310	(b) The executive commissioner may implement this section
2311	2311	by adopting rules that identify prohibited relationships and
2312	2312	conflicts or requiring the board to develop a conflict-of-interest
2313	2313	policy that applies to the board.
2314	2314	(d) Sections 531.072(c) and (e), Government Code, are
2315	2315	amended to read as follows:
2316	2316	(c) In making a decision regarding the placement of a drug
2317	2317	on each of the preferred drug lists, the commission shall consider:
2318	2318	(1) the recommendations of the Drug Utilization Review
2319	2319	Board [Pharmaceutical and Therapeutics Committee established]
2320	2320	under Section 531.0736 [531.074];
2321	2321	(2) the clinical efficacy of the drug;
2322	2322	(3) the price of competing drugs after deducting any
2323	2323	federal and state rebate amounts; and
2324	2324	(4) program benefit offerings solely or in conjunction
2325	2325	with rebates and other pricing information.
2326	2326	(e) In this subsection, "labeler" and "manufacturer" have
2327	2327	the meanings assigned by Section 531.070. The commission shall
2328	2328	ensure that:
2329	2329	(1) a manufacturer or labeler may submit written
2330	2330	evidence supporting the inclusion of a drug on the preferred drug
2331	2331	lists before a supplemental agreement is reached with the
2332	2332	commission; and
2333	2333	(2) any drug that has been approved or has had any of
2334	2334	its particular uses approved by the United States Food and Drug
2335	2335	Administration under a priority review classification will be
2336	2336	reviewed by the Drug Utilization Review Board [Pharmaceutical and
2337	2337	Therapeutics Committee] at the next regularly scheduled meeting of
2338	2338	the board [committee]. On receiving notice from a manufacturer or
2339	2339	labeler of the availability of a new product, the commission, to the
2340	2340	extent possible, shall schedule a review for the product at the next
2341	2341	regularly scheduled meeting of the board [committee].
2342	2342	(e) Section 531.073(b), Government Code, is amended to read
2343	2343	as follows:
2344	2344	(b) The commission shall establish procedures for the prior
2345	2345	authorization requirement under the Medicaid vendor drug program to
2346	2346	ensure that the requirements of 42 U.S.C. Section 1396r-8(d)(5) and
2347	2347	its subsequent amendments are met. Specifically, the procedures
2348	2348	must ensure that:
2349	2349	(1) a prior authorization requirement is not imposed
2350	2350	for a drug before the drug has been considered at a meeting of the
2351	2351	Drug Utilization Review Board [Pharmaceutical and Therapeutics
2352	2352	Committee established] under Section 531.0736 [531.074];
2353	2353	(2) there will be a response to a request for prior
2354	2354	authorization by telephone or other telecommunications device
2355	2355	within 24 hours after receipt of a request for prior authorization;
2356	2356	and
2357	2357	(3) a 72-hour supply of the drug prescribed will be
2358	2358	provided in an emergency or if the commission does not provide a
2359	2359	response within the time required by Subdivision (2).
2360	2360	(f) Section 531.0741, Government Code, is amended to read as
2361	2361	follows:
2362	2362	Sec. 531.0741. PUBLICATION OF INFORMATION REGARDING
2363	2363	COMMISSION DECISIONS ON PREFERRED DRUG LIST PLACEMENT. The
2364	2364	commission shall publish on the commission's Internet website any
2365	2365	decisions on preferred drug list placement, including:
2366	2366	(1) a list of drugs reviewed and the commission's
2367	2367	decision for or against placement on a preferred drug list of each
2368	2368	drug reviewed;
2369	2369	(2) for each recommendation, whether a supplemental
2370	2370	rebate agreement or a program benefit agreement was reached under
2371	2371	Section 531.070; and
2372	2372	(3) the rationale for any departure from a
2373	2373	recommendation of the Drug Utilization Review Board
2374	2374	[pharmaceutical and therapeutics committee established] under
2375	2375	Section 531.0736 [531.074].
2376	2376	(g) Section 531.074, Government Code, is repealed.
2377	2377	(h) The term of a member serving on the Medicaid Drug
2378	2378	Utilization Review Board on September 1, 2015, expires on that
2379	2379	date. Not later than September 1, 2015, the executive commissioner
2380	2380	of the Health and Human Services Commission shall appoint members
2381	2381	to the Drug Utilization Review Board in accordance with Section
2382	2382	531.0736, Government Code, as added by this article, for terms
2383	2383	beginning September 2, 2015. In making the initial appointments
2384	2384	and notwithstanding Section 531.0736(e), Government Code, as added
2385	2385	by this article, the executive commissioner shall designate as
2386	2386	close to one-half as possible of the members to serve for terms
2387	2387	expiring September 1, 2017, and the remaining members to serve for
2388	2388	terms expiring September 1, 2019.
2389	2389	(i) Not later than January 1, 2016, the executive
2390	2390	commissioner of the Health and Human Services Commission shall
2391	2391	adopt or amend rules as necessary to reflect the changes in law made
2392	2392	to the Drug Utilization Review Board under Section 531.0736,
2393	2393	Government Code, as added by this article, including rules that
2394	2394	reflect the changes to the board's functions and composition.
2395	2395	SECTION 3.11. The heading to Subchapter D, Chapter 531,
2396	2396	Government Code, is amended to read as follows:
2397	2397	SUBCHAPTER D. PLAN TO SUPPORT GUARDIANSHIPS [GUARDIANSHIP ADVISORY
2398	2398	BOARD]
2399	2399	SECTION 3.12. Section 531.124, Government Code, is amended
2400	2400	to read as follows:
2401	2401	Sec. 531.124. COMMISSION DUTIES. The [(a) With the advice
2402	2402	of the advisory board, the] commission shall develop and, subject
2403	2403	to appropriations, implement a plan to:
2404	2404	(1) ensure that each incapacitated individual in this
2405	2405	state who needs a guardianship or another less restrictive type of
2406	2406	assistance to make decisions concerning the incapacitated
2407	2407	individual's own welfare and financial affairs receives that
2408	2408	assistance; and
2409	2409	(2) foster the establishment and growth of local
2410	2410	volunteer guardianship programs.
2411	2411	[(b) The advisory board shall biennially review and comment
2412	2412	on the minimum standards adopted under Section 111.041 and the plan
2413	2413	implemented under Subsection (a) and shall include its conclusions
2414	2414	in the report submitted under Section 531.1235.]
2415	2415	SECTION 3.13. Section 531.159(f), Government Code, is
2416	2416	amended to read as follows:
2417	2417	(f) The executive commissioner [commission] by rule shall
2418	2418	develop procedures by which to conduct the reviews required by
2419	2419	Subsections (c), (d), and (e). [In developing the procedures, the
2420	2420	commission may seek input from the work group on children's
2421	2421	long-term services, health services, and mental health services
2422	2422	established under Section 22.035, Human Resources Code.]
2423	2423	SECTION 3.14. Section 531.551(a), Government Code, is
2424	2424	amended to read as follows:
2425	2425	(a) The executive commissioner shall adopt rules providing
2426	2426	for:
2427	2427	(1) a standard definition of "uncompensated hospital
2428	2428	care";
2429	2429	(2) a methodology to be used by hospitals in this state
2430	2430	to compute the cost of that care that incorporates a [the] standard
2431	2431	set of adjustments to a hospital's initial computation of the cost
2432	2432	of uncompensated hospital care that account for all funding streams
2433	2433	that:
2434	2434	(A) are not patient-specific; and
2435	2435	(B) are used to offset the hospital's initially
2436	2436	computed amount of uncompensated care [described by Section
2437	2437	531.552(g)(4)]; and
2438	2438	(3) procedures to be used by those hospitals to report
2439	2439	the cost of that care to the commission and to analyze that cost.
2440	2440	SECTION 3.15. Section 531.907(a), Government Code, is
2441	2441	amended to read as follows:
2442	2442	(a) Based on [the recommendations of the advisory committee
2443	2443	established under Section 531.904 and] feedback provided by
2444	2444	interested parties, the commission in stage two of implementing the
2445	2445	health information exchange system may expand the system by:
2446	2446	(1) providing an electronic health record for each
2447	2447	child enrolled in the child health plan program;
2448	2448	(2) including state laboratory results information in
2449	2449	an electronic health record, including the results of newborn
2450	2450	screenings and tests conducted under the Texas Health Steps
2451	2451	program, based on the system developed for the health passport
2452	2452	under Section 266.006, Family Code;
2453	2453	(3) improving data-gathering capabilities for an
2454	2454	electronic health record so that the record may include basic
2455	2455	health and clinical information in addition to available claims
2456	2456	information, as determined by the executive commissioner;
2457	2457	(4) using evidence-based technology tools to create a
2458	2458	unique health profile to alert health care providers regarding the
2459	2459	need for additional care, education, counseling, or health
2460	2460	management activities for specific patients; and
2461	2461	(5) continuing to enhance the electronic health record
2462	2462	created under Section 531.905 as technology becomes available and
2463	2463	interoperability capabilities improve.
2464	2464	SECTION 3.16. Section 531.909, Government Code, is amended
2465	2465	to read as follows:
2466	2466	Sec. 531.909. INCENTIVES. The commission [and the advisory
2467	2467	committee established under Section 531.904] shall develop
2468	2468	strategies to encourage health care providers to use the health
2469	2469	information exchange system, including incentives, education, and
2470	2470	outreach tools to increase usage.
2471	2471	SECTION 3.17. Section 533.0025(a), Government Code, is
2472	2472	amended to read as follows:
2473	2473	(a) In this section and Sections 533.00251, 533.002515, and
2474	2474	[533.00252,] 533.00253, [and 533.00254,] "medical assistance" has
2475	2475	the meaning assigned by Section 32.003, Human Resources Code.
2476	2476	SECTION 3.18. Section 533.00251(c), Government Code, is
2477	2477	amended to read as follows:
2478	2478	(c) Subject to Section 533.0025 and notwithstanding any
2479	2479	other law, the commission [, in consultation with the advisory
2480	2480	committee,] shall provide benefits under the medical assistance
2481	2481	program to recipients who reside in nursing facilities through the
2482	2482	STAR + PLUS Medicaid managed care program. In implementing this
2483	2483	subsection, the commission shall ensure:
2484	2484	(1) that the commission is responsible for setting the
2485	2485	minimum reimbursement rate paid to a nursing facility under the
2486	2486	managed care program, including the staff rate enhancement paid to
2487	2487	a nursing facility that qualifies for the enhancement;
2488	2488	(2) that a nursing facility is paid not later than the
2489	2489	10th day after the date the facility submits a clean claim;
2490	2490	(3) the appropriate utilization of services
2491	2491	consistent with criteria adopted by the commission;
2492	2492	(4) a reduction in the incidence of potentially
2493	2493	preventable events and unnecessary institutionalizations;
2494	2494	(5) that a managed care organization providing
2495	2495	services under the managed care program provides discharge
2496	2496	planning, transitional care, and other education programs to
2497	2497	physicians and hospitals regarding all available long-term care
2498	2498	settings;
2499	2499	(6) that a managed care organization providing
2500	2500	services under the managed care program:
2501	2501	(A) assists in collecting applied income from
2502	2502	recipients; and
2503	2503	(B) provides payment incentives to nursing
2504	2504	facility providers that reward reductions in preventable acute care
2505	2505	costs and encourage transformative efforts in the delivery of
2506	2506	nursing facility services, including efforts to promote a
2507	2507	resident-centered care culture through facility design and
2508	2508	services provided;
2509	2509	(7) the establishment of a portal that is in
2510	2510	compliance with state and federal regulations, including standard
2511	2511	coding requirements, through which nursing facility providers
2512	2512	participating in the STAR + PLUS Medicaid managed care program may
2513	2513	submit claims to any participating managed care organization;
2514	2514	(8) that rules and procedures relating to the
2515	2515	certification and decertification of nursing facility beds under
2516	2516	the medical assistance program are not affected; and
2517	2517	(9) that a managed care organization providing
2518	2518	services under the managed care program, to the greatest extent
2519	2519	possible, offers nursing facility providers access to:
2520	2520	(A) acute care professionals; and
2521	2521	(B) telemedicine, when feasible and in
2522	2522	accordance with state law, including rules adopted by the Texas
2523	2523	Medical Board.
2524	2524	SECTION 3.19. Section 533.00253(b), Government Code, is
2525	2525	amended to read as follows:
2526	2526	(b) Subject to Section 533.0025, the commission shall[, in
2527	2527	consultation with the advisory committee and the Children's Policy
2528	2528	Council established under Section 22.035, Human Resources Code,]
2529	2529	establish a mandatory STAR Kids capitated managed care program
2530	2530	tailored to provide medical assistance benefits to children with
2531	2531	disabilities. The managed care program developed under this
2532	2532	section must:
2533	2533	(1) provide medical assistance benefits that are
2534	2534	customized to meet the health care needs of recipients under the
2535	2535	program through a defined system of care;
2536	2536	(2) better coordinate care of recipients under the
2537	2537	program;
2538	2538	(3) improve the health outcomes of recipients;
2539	2539	(4) improve recipients' access to health care
2540	2540	services;
2541	2541	(5) achieve cost containment and cost efficiency;
2542	2542	(6) reduce the administrative complexity of
2543	2543	delivering medical assistance benefits;
2544	2544	(7) reduce the incidence of unnecessary
2545	2545	institutionalizations and potentially preventable events by
2546	2546	ensuring the availability of appropriate services and care
2547	2547	management;
2548	2548	(8) require a health home; and
2549	2549	(9) coordinate and collaborate with long-term care
2550	2550	service providers and long-term care management providers, if
2551	2551	recipients are receiving long-term services and supports outside of
2552	2552	the managed care organization.
2553	2553	SECTION 3.20. Section 533.00256(a), Government Code, is
2554	2554	amended to read as follows:
2555	2555	(a) In consultation with [the Medicaid and CHIP
2556	2556	Quality-Based Payment Advisory Committee established under Section
2557	2557	536.002 and other] appropriate stakeholders with an interest in the
2558	2558	provision of acute care services and long-term services and
2559	2559	supports under the Medicaid managed care program, the commission
2560	2560	shall:
2561	2561	(1) establish a clinical improvement program to
2562	2562	identify goals designed to improve quality of care and care
2563	2563	management and to reduce potentially preventable events, as defined
2564	2564	by Section 536.001; and
2565	2565	(2) require managed care organizations to develop and
2566	2566	implement collaborative program improvement strategies to address
2567	2567	the goals.
2568	2568	SECTION 3.21. Section 534.052, Government Code, is amended
2569	2569	to read as follows:
2570	2570	Sec. 534.052. IMPLEMENTATION OF SYSTEM REDESIGN. The
2571	2571	commission and department shall [, in consultation with the
2572	2572	advisory committee,] jointly implement the acute care services and
2573	2573	long-term services and supports system for individuals with
2574	2574	intellectual and developmental disabilities in the manner and in
2575	2575	the stages described in this chapter.
2576	2576	SECTION 3.22. Section 534.104(d), Government Code, is
2577	2577	amended to read as follows:
2578	2578	(d) The department [, in consultation with the advisory
2579	2579	committee,] shall evaluate each submitted managed care strategy
2580	2580	proposal and determine whether:
2581	2581	(1) the proposed strategy satisfies the requirements
2582	2582	of this section; and
2583	2583	(2) the private services provider that submitted the
2584	2584	proposal has a demonstrated ability to provide the long-term
2585	2585	services and supports appropriate to the individuals who will
2586	2586	receive services through the pilot program based on the proposed
2587	2587	strategy, if implemented.
2588	2588	SECTION 3.23. Section 534.105, Government Code, is amended
2589	2589	to read as follows:
2590	2590	Sec. 534.105. PILOT PROGRAM: MEASURABLE GOALS. (a) The
2591	2591	department [, in consultation with the advisory committee,] shall
2592	2592	identify measurable goals to be achieved by each pilot program
2593	2593	implemented under this subchapter. The identified goals must:
2594	2594	(1) align with information that will be collected
2595	2595	under Section 534.108(a); and
2596	2596	(2) be designed to improve the quality of outcomes for
2597	2597	individuals receiving services through the pilot program.
2598	2598	(b) The department [, in consultation with the advisory
2599	2599	committee,] shall propose specific strategies for achieving the
2600	2600	identified goals. A proposed strategy may be evidence-based if
2601	2601	there is an evidence-based strategy available for meeting the pilot
2602	2602	program's goals.
2603	2603	SECTION 3.24. Section 534.108(d), Government Code, is
2604	2604	amended to read as follows:
2605	2605	(d) On or before December 1, 2016, and December 1, 2017, the
2606	2606	commission and the department [, in consultation with the advisory
2607	2607	committee,] shall review and evaluate the progress and outcomes of
2608	2608	each pilot program implemented under this subchapter and submit a
2609	2609	report to the legislature during the operation of the pilot
2610	2610	programs. Each report must include recommendations for program
2611	2611	improvement and continued implementation.
2612	2612	SECTION 3.25. Section 534.201(d), Government Code, is
2613	2613	amended to read as follows:
2614	2614	(d) In implementing the transition described by Subsection
2615	2615	(b), the commission shall develop a process to receive and evaluate
2616	2616	input from interested statewide stakeholders [that is in addition
2617	2617	to the input provided by the advisory committee].
2618	2618	SECTION 3.26. Section 534.202(d), Government Code, is
2619	2619	amended to read as follows:
2620	2620	(d) In implementing the transition described by Subsection
2621	2621	(b), the commission shall develop a process to receive and evaluate
2622	2622	input from interested statewide stakeholders [that is in addition
2623	2623	to the input provided by the advisory committee].
2624	2624	SECTION 3.27. Section 535.051(c), Government Code, is
2625	2625	amended to read as follows:
2626	2626	(c) The commissioner of higher education[, in consultation
2627	2627	with the presiding officer of the interagency coordinating group,]
2628	2628	shall designate one employee from an institution of higher
2629	2629	education, as that term is defined under Section 61.003, Education
2630	2630	Code, to serve as a liaison for faith- and community-based
2631	2631	organizations.
2632	2632	SECTION 3.28. Section 535.104(a), Government Code, is
2633	2633	amended to read as follows:
2634	2634	(a) The commission shall:
2635	2635	(1) contract with the State Commission on National and
2636	2636	Community Service to administer funds appropriated from the account
2637	2637	in a manner that:
2638	2638	(A) consolidates the capacity of and strengthens
2639	2639	national service and community and faith- and community-based
2640	2640	initiatives; and
2641	2641	(B) leverages public and private funds to benefit
2642	2642	this state;
2643	2643	(2) develop a competitive process to be used in
2644	2644	awarding grants from account funds that is consistent with state
2645	2645	law and includes objective selection criteria;
2646	2646	(3) oversee the delivery of training and other
2647	2647	assistance activities under this subchapter;
2648	2648	(4) develop criteria limiting awards of grants under
2649	2649	Section 535.105(1)(A) to small and medium-sized faith- and
2650	2650	community-based organizations that provide charitable services to
2651	2651	persons in this state;
2652	2652	(5) establish general state priorities for the
2653	2653	account;
2654	2654	(6) establish and monitor performance and outcome
2655	2655	measures for persons to whom grants are awarded under this
2656	2656	subchapter; and
2657	2657	(7) establish policies and procedures to ensure that
2658	2658	any money appropriated from the account to the commission that is
2659	2659	allocated to build the capacity of a faith-based organization or
2660	2660	for a faith-based initiative [, including money allocated for the
2661	2661	establishment of the advisory committee under Section 535.108,] is
2662	2662	not used to advance a sectarian purpose or to engage in any form of
2663	2663	proselytization.
2664	2664	SECTION 3.29. Section 535.106(b), Government Code, is
2665	2665	amended to read as follows:
2666	2666	(b) If awarded a contract or grant under Section 535.104,
2667	2667	the State Commission on National and Community Service must provide
2668	2668	to the commission periodic reports on a schedule determined by the
2669	2669	executive commissioner. The schedule of periodic reports must
2670	2670	include an annual report that includes:
2671	2671	(1) a specific accounting with respect to the use by
2672	2672	that entity of money appropriated from the account, including the
2673	2673	names of persons to whom grants have been awarded and the purposes
2674	2674	of those grants; and
2675	2675	(2) a summary of the efforts of the faith- and
2676	2676	community-based liaisons designated under Section 535.051 to
2677	2677	comply with the duties imposed by and the purposes of Section
2678	2678	[Sections] 535.052 [and 535.053].
2679	2679	SECTION 3.30. Section 536.001(20), Government Code, is
2680	2680	amended to read as follows:
2681	2681	(20) "Potentially preventable readmission" means a
2682	2682	return hospitalization of a person within a period specified by the
2683	2683	commission that may have resulted from deficiencies in the care or
2684	2684	treatment provided to the person during a previous hospital stay or
2685	2685	from deficiencies in post-hospital discharge follow-up. The term
2686	2686	does not include a hospital readmission necessitated by the
2687	2687	occurrence of unrelated events after the discharge. The term
2688	2688	includes the readmission of a person to a hospital for:
2689	2689	(A) the same condition or procedure for which the
2690	2690	person was previously admitted;
2691	2691	(B) an infection or other complication resulting
2692	2692	from care previously provided;
2693	2693	(C) a condition or procedure that indicates that
2694	2694	a surgical intervention performed during a previous admission was
2695	2695	unsuccessful in achieving the anticipated outcome; or
2696	2696	(D) another condition or procedure of a similar
2697	2697	nature, as determined by the executive commissioner [after
2698	2698	consulting with the advisory committee].
2699	2699	SECTION 3.31. Section 536.003(a), Government Code, is
2700	2700	amended to read as follows:
2701	2701	(a) The commission [, in consultation with the advisory
2702	2702	committee,] shall develop quality-based outcome and process
2703	2703	measures that promote the provision of efficient, quality health
2704	2704	care and that can be used in the child health plan and Medicaid
2705	2705	programs to implement quality-based payments for acute care
2706	2706	services and long-term services and supports across all delivery
2707	2707	models and payment systems, including fee-for-service and managed
2708	2708	care payment systems. Subject to Subsection (a-1), the
2709	2709	commission, in developing outcome and process measures under this
2710	2710	section, must include measures that are based on potentially
2711	2711	preventable events and that advance quality improvement and
2712	2712	innovation. The commission may change measures developed:
2713	2713	(1) to promote continuous system reform, improved
2714	2714	quality, and reduced costs; and
2715	2715	(2) to account for managed care organizations added to
2716	2716	a service area.
2717	2717	SECTION 3.32. Section 536.004(a), Government Code, is
2718	2718	amended to read as follows:
2719	2719	(a) Using quality-based outcome and process measures
2720	2720	developed under Section 536.003 and subject to this section, the
2721	2721	commission, after consulting with [the advisory committee and
2722	2722	other] appropriate stakeholders with an interest in the provision
2723	2723	of acute care and long-term services and supports under the child
2724	2724	health plan and Medicaid programs, shall develop quality-based
2725	2725	payment systems, and require managed care organizations to develop
2726	2726	quality-based payment systems, for compensating a physician or
2727	2727	other health care provider participating in the child health plan
2728	2728	or Medicaid program that:
2729	2729	(1) align payment incentives with high-quality,
2730	2730	cost-effective health care;
2731	2731	(2) reward the use of evidence-based best practices;
2732	2732	(3) promote the coordination of health care;
2733	2733	(4) encourage appropriate physician and other health
2734	2734	care provider collaboration;
2735	2735	(5) promote effective health care delivery models; and
2736	2736	(6) take into account the specific needs of the child
2737	2737	health plan program enrollee and Medicaid recipient populations.
2738	2738	SECTION 3.33. Section 536.006(a), Government Code, is
2739	2739	amended to read as follows:
2740	2740	(a) The commission [and the advisory committee] shall:
2741	2741	(1) ensure transparency in the development and
2742	2742	establishment of:
2743	2743	(A) quality-based payment and reimbursement
2744	2744	systems under Section 536.004 and Subchapters B, C, and D,
2745	2745	including the development of outcome and process measures under
2746	2746	Section 536.003; and
2747	2747	(B) quality-based payment initiatives under
2748	2748	Subchapter E, including the development of quality of care and
2749	2749	cost-efficiency benchmarks under Section 536.204(a) and efficiency
2750	2750	performance standards under Section 536.204(b);
2751	2751	(2) develop guidelines establishing procedures for
2752	2752	providing notice and information to, and receiving input from,
2753	2753	managed care organizations, health care providers, including
2754	2754	physicians and experts in the various medical specialty fields, and
2755	2755	other stakeholders, as appropriate, for purposes of developing and
2756	2756	establishing the quality-based payment and reimbursement systems
2757	2757	and initiatives described under Subdivision (1);
2758	2758	(3) in developing and establishing the quality-based
2759	2759	payment and reimbursement systems and initiatives described under
2760	2760	Subdivision (1), consider that as the performance of a managed care
2761	2761	organization or physician or other health care provider improves
2762	2762	with respect to an outcome or process measure, quality of care and
2763	2763	cost-efficiency benchmark, or efficiency performance standard, as
2764	2764	applicable, there will be a diminishing rate of improved
2765	2765	performance over time; and
2766	2766	(4) develop web-based capability to provide managed
2767	2767	care organizations and health care providers with data on their
2768	2768	clinical and utilization performance, including comparisons to
2769	2769	peer organizations and providers located in this state and in the
2770	2770	provider's respective region.
2771	2771	SECTION 3.34. Section 536.052(b), Government Code, is
2772	2772	amended to read as follows:
2773	2773	(b) The commission [, after consulting with the advisory
2774	2774	committee,] shall develop quality of care and cost-efficiency
2775	2775	benchmarks, including benchmarks based on a managed care
2776	2776	organization's performance with respect to reducing potentially
2777	2777	preventable events and containing the growth rate of health care
2778	2778	costs.
2779	2779	SECTION 3.35. Section 536.102(a), Government Code, is
2780	2780	amended to read as follows:
2781	2781	(a) Subject to this subchapter, the commission [, after
2782	2782	consulting with the advisory committee,] may develop and implement
2783	2783	quality-based payment systems for health homes designed to improve
2784	2784	quality of care and reduce the provision of unnecessary medical
2785	2785	services. A quality-based payment system developed under this
2786	2786	section must:
2787	2787	(1) base payments made to a participating enrollee's
2788	2788	health home on quality and efficiency measures that may include
2789	2789	measurable wellness and prevention criteria and use of
2790	2790	evidence-based best practices, sharing a portion of any realized
2791	2791	cost savings achieved by the health home, and ensuring quality of
2792	2792	care outcomes, including a reduction in potentially preventable
2793	2793	events; and
2794	2794	(2) allow for the examination of measurable wellness
2795	2795	and prevention criteria, use of evidence-based best practices, and
2796	2796	quality of care outcomes based on the type of primary or specialty
2797	2797	care provider practice.
2798	2798	SECTION 3.36. Section 536.152(a), Government Code, is
2799	2799	amended to read as follows:
2800	2800	(a) Subject to Subsection (b), using the data collected
2801	2801	under Section 536.151 and the diagnosis-related groups (DRG)
2802	2802	methodology implemented under Section 536.005, if applicable, the
2803	2803	commission [, after consulting with the advisory committee,] shall
2804	2804	to the extent feasible adjust child health plan and Medicaid
2805	2805	reimbursements to hospitals, including payments made under the
2806	2806	disproportionate share hospitals and upper payment limit
2807	2807	supplemental payment programs, based on the hospital's performance
2808	2808	with respect to exceeding, or failing to achieve, outcome and
2809	2809	process measures developed under Section 536.003 that address the
2810	2810	rates of potentially preventable readmissions and potentially
2811	2811	preventable complications.
2812	2812	SECTION 3.37. Section 536.202(a), Government Code, is
2813	2813	amended to read as follows:
2814	2814	(a) The commission shall [, after consulting with the
2815	2815	advisory committee,] establish payment initiatives to test the
2816	2816	effectiveness of quality-based payment systems, alternative
2817	2817	payment methodologies, and high-quality, cost-effective health
2818	2818	care delivery models that provide incentives to physicians and
2819	2819	other health care providers to develop health care interventions
2820	2820	for child health plan program enrollees or Medicaid recipients, or
2821	2821	both, that will:
2822	2822	(1) improve the quality of health care provided to the
2823	2823	enrollees or recipients;
2824	2824	(2) reduce potentially preventable events;
2825	2825	(3) promote prevention and wellness;
2826	2826	(4) increase the use of evidence-based best practices;
2827	2827	(5) increase appropriate physician and other health
2828	2828	care provider collaboration;
2829	2829	(6) contain costs; and
2830	2830	(7) improve integration of acute care services and
2831	2831	long-term services and supports, including discharge planning from
2832	2832	acute care services to community-based long-term services and
2833	2833	supports.
2834	2834	SECTION 3.38. Section 536.204(a), Government Code, is
2835	2835	amended to read as follows:
2836	2836	(a) The executive commissioner shall [:
2837	2837	[(1) consult with the advisory committee to] develop
2838	2838	quality of care and cost-efficiency benchmarks and measurable goals
2839	2839	that a payment initiative must meet to ensure high-quality and
2840	2840	cost-effective health care services and healthy outcomes [; and
2841	2841	[(2) approve benchmarks and goals developed as
2842	2842	provided by Subdivision (1)].
2843	2843	SECTION 3.39. Section 536.251(a), Government Code, is
2844	2844	amended to read as follows:
2845	2845	(a) Subject to this subchapter, the commission, after
2846	2846	consulting with [the advisory committee and other] appropriate
2847	2847	stakeholders representing nursing facility providers with an
2848	2848	interest in the provision of long-term services and supports, may
2849	2849	develop and implement quality-based payment systems for Medicaid
2850	2850	long-term services and supports providers designed to improve
2851	2851	quality of care and reduce the provision of unnecessary
2852	2852	services. A quality-based payment system developed under this
2853	2853	section must base payments to providers on quality and efficiency
2854	2854	measures that may include measurable wellness and prevention
2855	2855	criteria and use of evidence-based best practices, sharing a
2856	2856	portion of any realized cost savings achieved by the provider, and
2857	2857	ensuring quality of care outcomes, including a reduction in
2858	2858	potentially preventable events.
2859	2859	SECTION 3.40. Section 538.052(a), Government Code, is
2860	2860	amended to read as follows:
2861	2861	(a) Subject to Subsection (b), the commission shall solicit
2862	2862	and accept suggestions for clinical initiatives, in either written
2863	2863	or electronic form, from:
2864	2864	(1) a member of the state legislature;
2865	2865	(2) the executive commissioner;
2866	2866	(3) the commissioner of aging [the Department of
2867	2867	Aging] and disability services [Disability Services];
2868	2868	(4) the commissioner of state health services [the
2869	2869	Department of State Health Services];
2870	2870	(5) the commissioner of the Department of Family and
2871	2871	Protective Services;
2872	2872	(6) the commissioner of assistive and rehabilitative
2873	2873	services [the Department of Assistive and Rehabilitative
2874	2874	Services];
2875	2875	(7) the medical care advisory committee established
2876	2876	under Section 32.022, Human Resources Code; and
2877	2877	(8) the physician payment advisory committee created
2878	2878	under Section 32.022(d), Human Resources Code[; and
2879	2879	[(9) the Electronic Health Information Exchange
2880	2880	System Advisory Committee established under Section 531.904].
2881	2881	SECTION 3.41. Sections 533.0335(c) and (d), Health and
2882	2882	Safety Code, are amended to read as follows:
2883	2883	(c) The department [, in consultation with the advisory
2884	2884	committee,] shall establish a prior authorization process for
2885	2885	requests for supervised living or residential support services
2886	2886	available in the home and community-based services (HCS) Medicaid
2887	2887	waiver program. The process must ensure that supervised living or
2888	2888	residential support services available in the home and
2889	2889	community-based services (HCS) Medicaid waiver program are
2890	2890	available only to individuals for whom a more independent setting
2891	2891	is not appropriate or available.
2892	2892	(d) The department shall [cooperate with the advisory
2893	2893	committee to] establish the prior authorization process required by
2894	2894	Subsection (c). This subsection expires January 1, 2024.
2895	2895	SECTION 3.42. Section 533.03551(b), Health and Safety Code,
2896	2896	is amended to read as follows:
2897	2897	(b) The Department of Aging and Disability Services, in
2898	2898	cooperation with the Texas Department of Housing and Community
2899	2899	Affairs, the Department of Agriculture, and the Texas State
2900	2900	Affordable Housing Corporation [, and the Intellectual and
2901	2901	Developmental Disability System Redesign Advisory Committee
2902	2902	established under Section 534.053, Government Code], shall
2903	2903	coordinate with federal, state, and local public housing entities
2904	2904	as necessary to expand opportunities for accessible, affordable,
2905	2905	and integrated housing to meet the complex needs of individuals
2906	2906	with disabilities, including individuals with intellectual and
2907	2907	developmental disabilities.
2908	2908	SECTION 3.43. Sections 1002.060(c) and (e), Health and
2909	2909	Safety Code, are amended to read as follows:
2910	2910	(c) The commission, department, or institute or an officer
2911	2911	or employee of the commission, department, or institute[, including
2912	2912	a board member,] may not disclose any information that is
2913	2913	confidential under this section.
2914	2914	(e) An officer or employee of the commission, department, or
2915	2915	institute[, including a board member,] may not be examined in a
2916	2916	civil, criminal, special, administrative, or other proceeding as to
2917	2917	information that is confidential under this section.
2918	2918	SECTION 3.44. Section 1002.061, Health and Safety Code, is
2919	2919	amended by amending Subsection (c) and adding Subsection (c-1) to
2920	2920	read as follows:
2921	2921	(c) Except as otherwise provided by law, each of the
2922	2922	following state agencies or systems [agency represented on the
2923	2923	board as a nonvoting member] shall provide funds to support the
2924	2924	institute and implement this chapter:
2925	2925	(1) the department;
2926	2926	(2) the commission;
2927	2927	(3) the Texas Department of Insurance;
2928	2928	(4) the Employees Retirement System of Texas;
2929	2929	(5) the Teacher Retirement System of Texas;
2930	2930	(6) the Texas Medical Board;
2931	2931	(7) the Department of Aging and Disability Services;
2932	2932	(8) the Texas Workforce Commission;
2933	2933	(9) the Texas Higher Education Coordinating Board; and
2934	2934	(10) each state agency or system of higher education
2935	2935	that purchases or provides health care services, as determined by
2936	2936	the governor.
2937	2937	(c-1) The commission shall establish a funding formula to
2938	2938	determine the level of support each state agency listed in
2939	2939	Subsection (c) is required to provide.
2940	2940	SECTION 3.45. Section 22.038(b), Human Resources Code, is
2941	2941	amended to read as follows:
2942	2942	(b) The memorandum of understanding must:
2943	2943	(1) define the responsibilities of each agency in
2944	2944	implementing the components of the pilot program; and
2945	2945	(2) provide for interagency coordination and
2946	2946	integration with respect to appropriate components of the pilot
2947	2947	program, including any components:
2948	2948	(A) that serve persons for whom each of the
2949	2949	agencies otherwise provides services; or
2950	2950	(B) for which coordination and integration among
2951	2951	the agencies will result in the more efficient accomplishment of
2952	2952	the goals of the comprehensive, effectively working plan
2953	2953	implemented under Section 531.0244, Government Code [; or
2954	2954	[(C) that are recommended by the interagency task
2955	2955	force under Section 531.02441, Government Code, for coordination
2956	2956	and integration].
2957	2957	SECTION 3.46. (a) Section 32.022(b), Human Resources Code,
2958	2958	is amended to read as follows:
2959	2959	(b) The executive commissioner [board] shall appoint the
2960	2960	committee in compliance with the requirements of the federal agency
2961	2961	administering medical assistance. The appointments shall:
2962	2962	(1) provide for a balanced representation of the
2963	2963	general public, providers, consumers, and other persons, state
2964	2964	agencies, or groups with knowledge of and interest in the
2965	2965	committee's field of work; and
2966	2966	(2) include one member who is the representative of a
2967	2967	managed care organization.
2968	2968	(b) Not later than September 1, 2015, the executive
2969	2969	commissioner of the Health and Human Services Commission shall
2970	2970	appoint an additional member to the medical care advisory committee
2971	2971	in accordance with Section 32.022(b)(2), Human Resources Code, as
2972	2972	added by this article.
2973	2973	SECTION 3.47. Section 32.0641(a), Human Resources Code, is
2974	2974	amended to read as follows:
2975	2975	(a) To the extent permitted under and in a manner that is
2976	2976	consistent with Title XIX, Social Security Act (42 U.S.C. Section
2977	2977	1396 et seq.) and any other applicable law or regulation or under a
2978	2978	federal waiver or other authorization, the executive commissioner
2979	2979	of the Health and Human Services Commission shall adopt [, after
2980	2980	consulting with the Medicaid and CHIP Quality-Based Payment
2981	2981	Advisory Committee established under Section 536.002, Government
2982	2982	Code,] cost-sharing provisions that encourage personal
2983	2983	accountability and appropriate utilization of health care
2984	2984	services, including a cost-sharing provision applicable to a
2985	2985	recipient who chooses to receive a nonemergency medical service
2986	2986	through a hospital emergency room.
2987	2987	SECTION 3.48. Section 1352.004(b), Insurance Code, is
2988	2988	amended to read as follows:
2989	2989	(b) The commissioner by rule shall require a health benefit
2990	2990	plan issuer to provide adequate training to personnel responsible
2991	2991	for preauthorization of coverage or utilization review under the
2992	2992	plan. The purpose of the training is to prevent denial of coverage
2993	2993	in violation of Section 1352.003 and to avoid confusion of medical
2994	2994	benefits with mental health benefits. The commissioner [, in
2995	2995	consultation with the Texas Traumatic Brain Injury Advisory
2996	2996	Council,] shall prescribe by rule the basic requirements for the
2997	2997	training described by this subsection.
2998	2998	SECTION 3.49. Section 1352.005(b), Insurance Code, is
2999	2999	amended to read as follows:
3000	3000	(b) The commissioner [, in consultation with the Texas
3001	3001	Traumatic Brain Injury Advisory Council,] shall prescribe by rule
3002	3002	the specific contents and wording of the notice required under this
3003	3003	section.
3004	3004	SECTION 3.50. (a) The following provisions of the
3005	3005	Government Code are repealed:
3006	3006	(1) Section 531.0217(j);
3007	3007	(2) Section 531.02172;
3008	3008	(3) Section 531.02173(c);
3009	3009	(4) Section 531.02441;
3010	3010	(5) Sections 531.0273(d), (e), (f), and (g);
3011	3011	(6) Section 531.052;
3012	3012	(7) Section 531.0571;
3013	3013	(8) Section 531.068;
3014	3014	(9) Sections 531.121(1), (5), and (6);
3015	3015	(10) Section 531.122;
3016	3016	(11) Section 531.123;
3017	3017	(12) Section 531.1235;
3018	3018	(13) Section 531.251;
3019	3019	(14) Section 531.552;
3020	3020	(15) Subchapters R and T, Chapter 531;
3021	3021	(16) Section 531.904;
3022	3022	(17) Section 533.00251(a)(1);
3023	3023	(18) Section 533.00252;
3024	3024	(19) Sections 533.00253(a)(1) and (f);
3025	3025	(20) Section 533.00254;
3026	3026	(21) Sections 533.00255(e) and (f);
3027	3027	(22) Section 533.00285;
3028	3028	(23) Subchapters B and C, Chapter 533;
3029	3029	(24) Section 534.001(1);
3030	3030	(25) Section 534.053;
3031	3031	(26) Section 535.053;
3032	3032	(27) Section 535.054;
3033	3033	(28) Section 535.055;
3034	3034	(29) Section 535.108;
3035	3035	(30) Section 536.001(1);
3036	3036	(31) Section 536.002; and
3037	3037	(32) Section 536.007(b).
3038	3038	(b) The following provisions of the Health and Safety Code
3039	3039	are repealed:
3040	3040	(1) Subchapter C, Chapter 32;
3041	3041	(2) Section 62.151(e);
3042	3042	(3) Section 62.157(c), as added by Chapter 1255 (S.B.
3043	3043	789), Acts of the 77th Legislature, Regular Session, 2001;
3044	3044	(4) Section 81.010;
3045	3045	(5) Section 92.011;
3046	3046	(6) Subchapter B, Chapter 92;
3047	3047	(7) Chapter 115;
3048	3048	(8) Section 241.187;
3049	3049	(9) Section 533.0335(a)(1);
3050	3050	(10) Section 1002.001(1);
3051	3051	(11) Section 1002.052;
3052	3052	(12) Section 1002.053;
3053	3053	(13) Section 1002.055;
3054	3054	(14) Section 1002.056;
3055	3055	(15) Section 1002.057;
3056	3056	(16) Section 1002.058; and
3057	3057	(17) Section 1002.059.
3058	3058	(c) The following provisions of the Human Resources Code are
3059	3059	repealed:
3060	3060	(1) Section 22.035; and
3061	3061	(2) Section 32.022(e).
3062	3062	SECTION 3.51. On the effective date of this article, the
3063	3063	following advisory committees are abolished:
3064	3064	(1) the advisory committee on Medicaid and child
3065	3065	health plan program rate and expenditure disparities;
3066	3066	(2) the Advisory Committee on Qualifications for
3067	3067	Health Care Translators and Interpreters;
3068	3068	(3) the Behavioral Health Integration Advisory
3069	3069	Committee;
3070	3070	(4) the Children's Policy Council;
3071	3071	(5) the Consumer Direction Work Group;
3072	3072	(6) the Council on Children and Families;
3073	3073	(7) the Electronic Health Information Exchange System
3074	3074	Advisory Committee;
3075	3075	(8) the Guardianship Advisory Board;
3076	3076	(9) the hospital payment advisory committee;
3077	3077	(10) the advisory committee for information resources
3078	3078	planning and management;
3079	3079	(11) the Intellectual and Developmental Disability
3080	3080	System Redesign Advisory Committee;
3081	3081	(12) the Interagency Coordinating Council for HIV and
3082	3082	Hepatitis;
3083	3083	(13) the interagency coordinating group for faith- and
3084	3084	community-based initiatives;
3085	3085	(14) the interagency task force on ensuring
3086	3086	appropriate care settings for persons with disabilities;
3087	3087	(15) the Medicaid and CHIP Quality-Based Payment
3088	3088	Advisory Committee;
3089	3089	(16) each Medicaid managed care advisory committee
3090	3090	appointed for a health care service region under Subchapter B,
3091	3091	Chapter 533, Government Code;
3092	3092	(17) the Perinatal Advisory Council;
3093	3093	(18) the Public Assistance Health Benefit Review and
3094	3094	Design Committee;
3095	3095	(19) the renewing our communities account advisory
3096	3096	committee;
3097	3097	(20) the STAR + PLUS Nursing Facility Advisory
3098	3098	Committee;
3099	3099	(21) the STAR + PLUS Quality Council;
3100	3100	(22) the STAR Kids Managed Care Advisory Committee;
3101	3101	(23) the state Medicaid managed care advisory
3102	3102	committee;
3103	3103	(24) the task force on domestic violence;
3104	3104	(25) the Interagency Task Force for Children With
3105	3105	Special Needs;
3106	3106	(26) the telemedicine and telehealth advisory
3107	3107	committee;
3108	3108	(27) the board of directors of the Texas Institute of
3109	3109	Health Care Quality and Efficiency;
3110	3110	(28) the Texas Nonprofit Council;
3111	3111	(29) the Texas System of Care Consortium;
3112	3112	(30) the Texas Traumatic Brain Injury Advisory
3113	3113	Council;
3114	3114	(31) the volunteer advocate program advisory
3115	3115	committee; and
3116	3116	(32) the work group on uncompensated hospital care.
3117	3117	ARTICLE 4. CONTINUATION OF HEALTH AND HUMAN SERVICES POWERS AND
3118	3118	DUTIES
3119	3119	SECTION 4.01. Section 531.004, Government Code, is amended
3120	3120	to read as follows:
3121	3121	Sec. 531.004. SUNSET PROVISION. The Health and Human
3122	3122	Services Commission is subject to Chapter 325 (Texas Sunset
3123	3123	Act). Unless continued in existence as provided by that chapter,
3124	3124	the commission is abolished and this chapter expires September 1,
3125	3125	2027 [2015].
3126	3126	SECTION 4.02. Section 11.003(a), Health and Safety Code, is
3127	3127	amended to read as follows:
3128	3128	(a) The Texas Board of Health and the Texas Department of
3129	3129	Health were abolished by Section 1.26, Chapter 198 (H.B. 2292),
3130	3130	Acts of the 78th Legislature, Regular Session, 2003. The [, and
3131	3131	the] powers and duties [of those entities] under this chapter of
3132	3132	those entities' successor in function are [were] transferred under
3133	3133	Subchapter A-1, Chapter 531, Government Code, to the Health and
3134	3134	Human Services Commission [other agencies], which is [are] subject
3135	3135	to Chapter 325, Government Code (Texas Sunset Act). Unless the
3136	3136	commission is [agencies to which those powers and duties are
3137	3137	transferred are] continued in existence as provided by that
3138	3138	chapter, this chapter expires on the date the commission is
3139	3139	abolished under Section 531.004, Government Code [September 1,
3140	3140	2015].
3141	3141	SECTION 4.03. Section 108.016, Health and Safety Code, is
3142	3142	amended to read as follows:
3143	3143	Sec. 108.016. SUNSET REVIEW. Unless continued in
3144	3144	existence in accordance with Chapter 325, Government Code (Texas
3145	3145	Sunset Act), after the review required by Section 531.004,
3146	3146	Government Code [11.003(b)], this chapter expires on the date the
3147	3147	commission is abolished under that section [September 1, 2015].
3148	3148	SECTION 4.04. Section 532.002, Health and Safety Code, is
3149	3149	amended to read as follows:
3150	3150	Sec. 532.002. SUNSET PROVISION. The Texas Department of
3151	3151	Mental Health and Mental Retardation was abolished by Section 1.26,
3152	3152	Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular
3153	3153	Session, 2003. The [, and the] powers and duties [of that agency]
3154	3154	under this chapter of that agency's successors in function are
3155	3155	[were] transferred under Subchapter A-1, Chapter 531, Government
3156	3156	Code, to the Health and Human Services Commission [other agencies],
3157	3157	which is [are] subject to Chapter 325, Government Code (Texas
3158	3158	Sunset Act). Unless the commission is [agencies to which those
3159	3159	powers and duties are transferred are] continued in existence as
3160	3160	provided by that Act, this chapter expires on the date the
3161	3161	commission is abolished under Section 531.004, Government Code
3162	3162	[September 1, 2015].
3163	3163	SECTION 4.05. Section 1001.003, Health and Safety Code, is
3164	3164	amended to read as follows:
3165	3165	Sec. 1001.003. SUNSET PROVISION. Unless the commission
3166	3166	is [The Department of State Health Services is subject to Chapter
3167	3167	325, Government Code (Texas Sunset Act). Unless] continued in
3168	3168	existence as provided by Chapter 325, Government Code [that
3169	3169	chapter], after the review required by Section 531.004, Government
3170	3170	Code, [the department is abolished and] this chapter expires on the
3171	3171	date the commission is abolished under that section [September 1,
3172	3172	2015].
3173	3173	SECTION 4.06. Section 21.002, Human Resources Code, is
3174	3174	amended to read as follows:
3175	3175	Sec. 21.002. SUNSET PROVISION. The Texas Department of
3176	3176	Human Services was abolished by Section 1.26, Chapter 198 (H.B.
3177	3177	2292), Acts of the 78th Legislature, Regular Session, 2003. The [,
3178	3178	and the] powers and duties [of that agency] under this chapter of
3179	3179	that agency's successors in function are [were] transferred under
3180	3180	Subchapter A-1, Chapter 531, Government Code, to the Health and
3181	3181	Human Services Commission [other agencies], which is [are] subject
3182	3182	to Chapter 325, Government Code (Texas Sunset Act). Unless the
3183	3183	commission is [agencies to which those powers and duties are
3184	3184	transferred are] continued in existence as provided by that
3185	3185	chapter, this title expires on the date the commission is abolished
3186	3186	under Section 531.004, Government Code [September 1, 2015, except
3187	3187	that Chapter 40 expires as provided by Section 40.003].
3188	3188	SECTION 4.07. Section 40.003, Human Resources Code, is
3189	3189	amended to read as follows:
3190	3190	Sec. 40.003. SUNSET PROVISION. Unless the commission
3191	3191	is [The Department of Family and Protective Services is subject to
3192	3192	Chapter 325, Government Code (Texas Sunset Act). Unless]
3193	3193	continued in existence as provided by Chapter 325, Government Code
3194	3194	[that chapter], after the review required by Section 531.004,
3195	3195	Government Code, [the department is abolished and] this chapter
3196	3196	expires on the date the commission is abolished under that section
3197	3197	[September 1, 2015].
3198	3198	SECTION 4.08. Section 81.004, Human Resources Code, is
3199	3199	amended to read as follows:
3200	3200	Sec. 81.004. SUNSET PROVISION. The Texas Commission for
3201	3201	the Deaf and Hard of Hearing was abolished by Section 1.26, Chapter
3202	3202	198 (H.B. 2292), Acts of the 78th Legislature, Regular Session,
3203	3203	2003. The [, and the] powers and duties [of that agency] under this
3204	3204	chapter of that agency's successor in function are [were]
3205	3205	transferred under Subchapter A-1, Chapter 531, Government Code, to
3206	3206	the Health and Human Services Commission [other agencies], which is
3207	3207	[are] subject to Chapter 325, Government Code (Texas Sunset Act).
3208	3208	Unless the commission is [agencies to which those powers and duties
3209	3209	are transferred are] continued in existence as provided by that
3210	3210	chapter, this chapter expires on the date the commission is
3211	3211	abolished under Section 531.004, Government Code [September 1,
3212	3212	2015].
3213	3213	SECTION 4.09. Section 91.001, Human Resources Code, is
3214	3214	amended to read as follows:
3215	3215	Sec. 91.001. SUNSET PROVISION. The Texas Commission for
3216	3216	the Blind was abolished by Section 1.26, Chapter 198 (H.B. 2292),
3217	3217	Acts of the 78th Legislature, Regular Session, 2003. The [, and
3218	3218	the] powers and duties [of that agency] under this chapter of that
3219	3219	agency's successor in function are [were] transferred under
3220	3220	Subchapter A-1, Chapter 531, Government Code, to the Health and
3221	3221	Human Services Commission [other agencies], which is [are] subject
3222	3222	to Chapter 325, Government Code (Texas Sunset Act). Unless the
3223	3223	commission is [agencies to which those powers and duties are
3224	3224	transferred are] continued in existence as provided by that
3225	3225	chapter, this chapter expires on the date the commission is
3226	3226	abolished under Section 531.004, Government Code [effective
3227	3227	September 1, 2015].
3228	3228	SECTION 4.10. Section 111.012, Human Resources Code, is
3229	3229	amended to read as follows:
3230	3230	Sec. 111.012. SUNSET PROVISION. The Texas Rehabilitation
3231	3231	Commission was abolished by Section 1.26, Chapter 198 (H.B. 2292),
3232	3232	Acts of the 78th Legislature, Regular Session, 2003. The [, and
3233	3233	the] powers and duties [of that agency] under this chapter of that
3234	3234	agency's successor in function are [were] transferred under
3235	3235	Subchapter A-1, Chapter 531, Government Code, to the Health and
3236	3236	Human Services Commission [other agencies], which is [are] subject
3237	3237	to Chapter 325, Government Code (Texas Sunset Act). Unless the
3238	3238	commission is [agencies to which those powers and duties are
3239	3239	transferred are] continued in existence as provided by that
3240	3240	chapter, this chapter expires on the date the commission is
3241	3241	abolished under Section 531.004, Government Code [September 1,
3242	3242	2015].
3243	3243	SECTION 4.11. Section 117.003, Human Resources Code, is
3244	3244	amended to read as follows:
3245	3245	Sec. 117.003. SUNSET PROVISION. Unless the commission
3246	3246	is [The Department of Assistive and Rehabilitative Services is
3247	3247	subject to Chapter 325, Government Code (Texas Sunset Act). Unless]
3248	3248	continued in existence as provided by Chapter 325, Government Code
3249	3249	[that chapter], after the review required by Section 531.004,
3250	3250	Government Code, [the department is abolished and] this chapter
3251	3251	expires on the date the commission is abolished under that section
3252	3252	[September 1, 2015].
3253	3253	SECTION 4.12. Section 161.003, Human Resources Code, is
3254	3254	amended to read as follows:
3255	3255	Sec. 161.003. SUNSET PROVISION. Unless the commission
3256	3256	is [The Department of Aging and Disability Services is subject to
3257	3257	Chapter 325, Government Code (Texas Sunset Act). Unless]
3258	3258	continued in existence as provided by Chapter 325, Government Code
3259	3259	[that chapter], after the review required by Section 531.004,
3260	3260	Government Code, [the department is abolished and] this chapter
3261	3261	expires on the date the commission is abolished under that section
3262	3262	[September 1, 2015].
3263	3263	ARTICLE 5. FEDERAL AUTHORIZATION AND EFFECTIVE DATE
3264	3264	SECTION 5.01. If before implementing any provision of this
3265	3265	Act a state agency determines that a waiver or authorization from a
3266	3266	federal agency is necessary for implementation of that provision,
3267	3267	the agency affected by the provision shall request the waiver or
3268	3268	authorization and may delay implementing that provision until the
3269	3269	waiver or authorization is granted.
3270	3270	SECTION 5.02. Except as otherwise provided by this Act,
3271	3271	this Act takes effect September 1, 2015.