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Texas House Bill HB607

Texas 2015 - 84th Regular

Texas House Bill HB607 Compare Versions

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11 84R1137 EES-D
22 By: Davis of Harris H.B. No. 607
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the State Supported Living Center
88 Realignment Commission.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle B, Title 7, Health and Safety Code, is
1111 amended by adding Chapter 556 to read as follows:
1212 CHAPTER 556. STATE SUPPORTED LIVING CENTER REALIGNMENT COMMISSION
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 556.001. DEFINITIONS. In this chapter:
1515 (1) "Commission" means the Health and Human Services
1616 Commission.
1717 (2) "Community services provider" means a provider of
1818 services under a home and community-based services waiver program
1919 and a licensed ICF-MR provider with fewer than six beds.
2020 (3) "Executive commissioner" means the executive
2121 commissioner of the Health and Human Services Commission.
2222 (4) "Realignment commission" means the State
2323 Supported Living Center Realignment Commission.
2424 (5) "State supported living center" has the meaning
2525 assigned by Section 531.002.
2626 Sec. 556.002. STATE SUPPORTED LIVING CENTER REALIGNMENT
2727 COMMISSION. The State Supported Living Center Realignment
2828 Commission is established to evaluate and make recommendations
2929 regarding the operation and management of state supported living
3030 centers. The realignment commission is administratively attached
3131 to the commission but is independent of direction by the commission
3232 or the executive commissioner. The commission shall provide
3333 administrative support and resources to the realignment commission
3434 as necessary to enable the realignment commission to perform its
3535 duties.
3636 Sec. 556.003. SUNSET PROVISION. The State Supported Living
3737 Center Realignment Commission is subject to Chapter 325, Government
3838 Code (Texas Sunset Act). Unless continued in existence as provided
3939 by that chapter, the realignment commission is abolished and this
4040 chapter expires September 1, 2027.
4141 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
4242 Sec. 556.021. APPOINTMENT OF REALIGNMENT COMMISSION
4343 MEMBERS. (a) The realignment commission is composed of nine
4444 members of the public appointed as follows:
4545 (1) three members of the public appointed by the
4646 governor;
4747 (2) three members appointed by the lieutenant
4848 governor; and
4949 (3) three members appointed by the governor from a
5050 list provided by the speaker of the house of representatives.
5151 (b) To be eligible for appointment to the realignment
5252 commission, a person may not:
5353 (1) be an agent, paid consultant, officer, or employee
5454 of a state supported living center, state center, local mental
5555 retardation authority, licensed provider of ICF-MR services, or
5656 other provider of services to individuals with intellectual
5757 disabilities;
5858 (2) have a financial interest in a state supported
5959 living center, state center, local mental retardation authority,
6060 licensed provider of ICF-MR services, or other provider of services
6161 to individuals with intellectual disabilities;
6262 (3) be an officer, employee, or paid consultant of a
6363 trade association in the field of residential services for
6464 individuals with intellectual disabilities; or
6565 (4) be related within the second degree by affinity or
6666 consanguinity, as determined under Chapter 573, Government Code, to
6767 a person who is an officer, employee, or paid consultant of a state
6868 supported living center, state center, local mental retardation
6969 authority, licensed provider of ICF-MR services, or other provider
7070 of services to individuals with intellectual disabilities.
7171 (c) A person may not serve as a member of the realignment
7272 commission or act as the general counsel to the realignment
7373 commission if the person is required to register as a lobbyist under
7474 Chapter 305, Government Code, because of the person's activities
7575 for compensation on behalf of a profession related to the operation
7676 of the realignment commission.
7777 (d) Chapter 551, Government Code, applies to the
7878 realignment commission.
7979 (e) A majority of the members of the realignment commission
8080 constitute a quorum for the transaction of business.
8181 (f) Appointments to the realignment commission shall be
8282 made without regard to the race, color, disability, sex, religion,
8383 age, or national origin of the appointees.
8484 (g) Members serve at the will of the person who appointed
8585 the member.
8686 Sec. 556.022. VACANCY. The governor or lieutenant governor
8787 shall fill a vacancy on the realignment commission in the same
8888 manner as the original appointment.
8989 Sec. 556.023. PRESIDING OFFICER; OTHER OFFICERS;
9090 MEETINGS. (a) The members of the realignment commission shall
9191 elect a presiding officer and other necessary officers.
9292 (b) The realignment commission may hold meetings in
9393 different areas of the state.
9494 SUBCHAPTER C. POWERS AND DUTIES OF REALIGNMENT COMMISSION
9595 Sec. 556.051. GENERAL POWERS AND DUTIES OF REALIGNMENT
9696 COMMISSION. The realignment commission is responsible for
9797 recommending the consolidation or closure of state supported living
9898 centers in accordance with criteria and benchmarks as described by
9999 this chapter and determined by the realignment commission. The
100100 realignment commission is also responsible for overseeing the
101101 implementation of the realignment commission's recommendations by
102102 the commission and the Department of Aging and Disability Services
103103 as required by this chapter.
104104 Sec. 556.052. ADVISORY COMMITTEE. (a) An advisory
105105 committee is created to assist and provide information to the
106106 realignment commission.
107107 (b) The advisory committee is composed of the following
108108 representatives, appointed by the executive commissioner:
109109 (1) one representative of the commission;
110110 (2) one representative of the Department of Aging and
111111 Disability Services;
112112 (3) one representative of the Department of State
113113 Health Services;
114114 (4) two representatives of community services
115115 providers;
116116 (5) one representative of local mental retardation
117117 authorities;
118118 (6) two representatives of an advocacy group for
119119 persons with disabilities; and
120120 (7) one family member of an individual residing in a
121121 state supported living center.
122122 (c) The advisory committee shall study and make
123123 recommendations to the realignment commission regarding the
124124 evaluation and consolidation or closure of state supported living
125125 centers.
126126 Sec. 556.053. EVALUATION OF STATE SUPPORTED LIVING CENTERS.
127127 (a) Each biennium, the realignment commission shall evaluate the
128128 state supported living center system and determine which state
129129 supported living centers should be consolidated or closed by the
130130 commission and the Department of Aging and Disability Services.
131131 (b) In evaluating a state supported living center, the
132132 realignment commission shall consider the following factors:
133133 (1) the proximity of the state supported living center
134134 to other state supported living centers and the geographical
135135 distribution of remaining state supported living centers;
136136 (2) the proximity of the state supported living
137137 centers to community services providers and the geographical
138138 distribution of those providers;
139139 (3) the administrative cost of the state supported
140140 living center;
141141 (4) the availability of other employment
142142 opportunities in the area for employees displaced by the
143143 consolidation or closure, including additional employment that may
144144 be needed by community services providers if the state supported
145145 living center is consolidated or closed;
146146 (5) the condition of existing state supported living
147147 center structures and existing community services providers;
148148 (6) the marketability of the property where the state
149149 supported living center is located, as determined in consultation
150150 with persons with business development expertise, and whether the
151151 property should be sold or converted to another use if the state
152152 supported living center is consolidated or closed;
153153 (7) the ease of client transfer capability;
154154 (8) the capacity at remaining state supported living
155155 centers to accommodate persons transferred from a facility
156156 identified for consolidation or closure;
157157 (9) the capacity of local community services providers
158158 to accommodate persons formerly served by the state supported
159159 living center;
160160 (10) identification of specialty programs and
161161 services available at the state supported living center and whether
162162 those programs and services are available at other state supported
163163 living centers or from local community services providers;
164164 (11) the history of incidents of abuse, neglect, or
165165 exploitation at the state supported living center;
166166 (12) the services and supports that are not available
167167 in the community and that resulted in commitment of individuals to
168168 the state supported living center during the previous five years;
169169 (13) the support needs of residents in the state
170170 supported living center and the availability of programs that
171171 provide those services in the community;
172172 (14) the impact of expanding community programs in the
173173 area of the state supported living center, particularly in
174174 historically underserved areas of the state; and
175175 (15) any other relevant factor as determined by the
176176 realignment commission.
177177 (c) The advisory committee to the realignment commission
178178 may assist the realignment commission in performing the evaluation
179179 required by this section.
180180 (d) The realignment commission may solicit public testimony
181181 and input during the evaluation process.
182182 Sec. 556.054. RECOMMENDATION FOR CONSOLIDATION OR CLOSURE;
183183 REPORT. (a) Not later than December 1 of each even-numbered year,
184184 the realignment commission shall submit a report to the governor,
185185 the lieutenant governor, the speaker of the house of
186186 representatives, and the standing committee of each house of the
187187 legislature with jurisdiction over state supported living centers.
188188 The report must include a specific recommendation of whether to
189189 consolidate or close one or more state supported living centers
190190 and, if consolidation or closure is recommended, which state
191191 supported living center or centers should be consolidated or
192192 closed.
193193 (b) The realignment commission shall include in the report:
194194 (1) the name and location of each state supported
195195 living center to be consolidated or closed;
196196 (2) the number of individuals that will require a
197197 transfer to another state supported living center or a community
198198 services provider as a result of the consolidation or closure;
199199 (3) the number and type of community programs that
200200 need to be developed, based on the services and supports the
201201 realignment commission determined are not available in the
202202 community and that resulted in commitment of individuals to the
203203 state supported living center during the previous five years;
204204 (4) the number and type of training competencies
205205 needed to assist state supported living center employees in gaining
206206 the skills needed to transfer to providing services in the
207207 community; and
208208 (5) any other relevant information as determined by
209209 the realignment commission.
210210 Sec. 556.055. EFFECT OF REALIGNMENT COMMISSION'S
211211 RECOMMENDATIONS AND ACTIVITIES. The commission and the Department
212212 of Aging and Disability Services are not bound by any
213213 recommendation of the realignment commission, and the realignment
214214 commission may not prevent the commission or the department from
215215 taking action to consolidate or close a state supported living
216216 center at any time.
217217 Sec. 556.056. MORATORIUM ON STATE SUPPORTED LIVING CENTER
218218 PLACEMENTS. (a) An individual with an intellectual disability may
219219 not be admitted or committed to a state supported living center
220220 under Chapter 593 on or after September 1, 2015, if:
221221 (1) the center has been identified for downsizing,
222222 consolidation, or closure; or
223223 (2) as provided by the Centers for Medicare and
224224 Medicaid Services:
225225 (A) the center's certification is at risk because
226226 of deficient practices that have put the health and safety of the
227227 center's residents in immediate jeopardy; or
228228 (B) the center's certification is at risk of
229229 termination in 90 days because of noncompliance with certification
230230 requirements.
231231 (b) The Department of Aging and Disability Services shall
232232 ensure that individuals who would otherwise be committed under
233233 Chapter 593 receive services by ensuring programs are available to
234234 provide those services through diversion and other community
235235 capacity building activities.
236236 SECTION 2. (a) Not later than September 1, 2015, the
237237 governor and lieutenant governor shall appoint the members of the
238238 State Supported Living Center Realignment Commission as provided by
239239 Chapter 556, Health and Safety Code, as added by this Act.
240240 (b) Not later than January 1, 2016, the executive
241241 commissioner of the Health and Human Services Commission shall
242242 appoint the advisory committee as provided by Section 556.052,
243243 Health and Safety Code, as added by this Act.
244244 SECTION 3. If before implementing any provision of this Act
245245 a state agency determines that a waiver or authorization from a
246246 federal agency is necessary for implementation of that provision,
247247 the agency affected by the provision shall request the waiver or
248248 authorization and may delay implementing that provision until the
249249 waiver or authorization is granted.
250250 SECTION 4. This Act takes effect immediately if it receives
251251 a vote of two-thirds of all the members elected to each house, as
252252 provided by Section 39, Article III, Texas Constitution. If this
253253 Act does not receive the vote necessary for immediate effect, this
254254 Act takes effect September 1, 2015.