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Texas Senate Bill SB1068

Texas 2015 - 84th Regular

Texas Senate Bill SB1068 Compare Versions

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11 84R8524 EES-F
22 By: Rodríguez S.B. No. 1068
33
44
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-IID provider with fewer than six beds.
2020 (3) "Department" means the Department of Aging and
2121 Disability Services.
2222 (4) "Executive commissioner" means the executive
2323 commissioner of the Health and Human Services Commission.
2424 (5) "Local authority" means a local intellectual and
2525 developmental disability authority.
2626 (6) "Realignment commission" means the State
2727 Supported Living Center Realignment Commission.
2828 (7) "State supported living center" has the meaning
2929 assigned by Section 531.002.
3030 Sec. 556.002. STATE SUPPORTED LIVING CENTER REALIGNMENT
3131 COMMISSION. The State Supported Living Center Realignment
3232 Commission is established to evaluate the state supported living
3333 centers and make recommendations regarding the operation and
3434 management of the state supported living centers, including
3535 recommendations for the closure of state supported living centers,
3636 other than the Austin State Supported Living Center. The
3737 realignment commission is administratively attached to the
3838 department but is independent of direction by the department. The
3939 department shall provide to the realignment commission
4040 administrative support and resources and access to the department's
4141 documents relating to the state supported living centers as
4242 necessary to enable the realignment commission to perform its
4343 duties.
4444 Sec. 556.003. EXPIRATION. This chapter expires and the
4545 realignment commission is abolished September 1, 2027.
4646 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
4747 Sec. 556.021. APPOINTMENT OF REALIGNMENT COMMISSION
4848 MEMBERS. (a) The realignment commission is composed of nine
4949 appointed members and three nonvoting ex officio members as
5050 provided by this section.
5151 (b) The nonvoting ex officio members are:
5252 (1) the executive commissioner or the executive
5353 commissioner's designee;
5454 (2) the executive director of the Texas Facilities
5555 Commission or the executive director's designee; and
5656 (3) the land commissioner or the land commissioner's
5757 designee.
5858 (c) The appointed members are:
5959 (1) three members of the public appointed by the
6060 governor;
6161 (2) three members of the public appointed by the
6262 lieutenant governor; and
6363 (3) three members of the public appointed by the
6464 governor from a list provided by the speaker of the house of
6565 representatives.
6666 (d) To be eligible for appointment to the realignment
6767 commission, a person may not:
6868 (1) be an agent, paid consultant, officer, or employee
6969 of a state supported living center, state center, local authority,
7070 licensed provider of ICF-IID services, or other provider of
7171 services to individuals with an intellectual or developmental
7272 disability;
7373 (2) have a financial interest in a state supported
7474 living center, state center, local authority, licensed provider of
7575 ICF-IID services, or other provider of services to individuals with
7676 an intellectual or developmental disability;
7777 (3) have a financial interest in the closure of a state
7878 supported living center;
7979 (4) be an officer, employee, or paid consultant of a
8080 trade association in the field of residential services for
8181 individuals with an intellectual or developmental disability;
8282 (5) be a resident of a state supported living center;
8383 or
8484 (6) be related within the second degree by affinity or
8585 consanguinity, as determined under Chapter 573, Government Code, to
8686 a person who is an officer, employee, paid consultant, or resident
8787 of a state supported living center, state center, local authority,
8888 licensed provider of ICF-IID services, or other provider of
8989 services to individuals with an intellectual or developmental
9090 disability.
9191 (e) A person may not serve as an appointed member of the
9292 realignment commission or act as the general counsel to the
9393 realignment commission if the person is required to register as a
9494 lobbyist under Chapter 305, Government Code, because of the
9595 person's activities for compensation on behalf of a profession
9696 related to the operation of the realignment commission.
9797 (f) Chapter 551, Government Code, applies to the
9898 realignment commission.
9999 (g) A majority of the members of the realignment commission
100100 constitutes a quorum for the transaction of business.
101101 (h) Appointments to the realignment commission shall be
102102 made without regard to the race, color, disability, sex, religion,
103103 age, or national origin of the appointees.
104104 (i) An appointed member of the realignment commission
105105 serves at the will of the person who appointed the member.
106106 Sec. 556.022. VACANCY. The governor or lieutenant governor
107107 shall fill a vacancy on the realignment commission in the same
108108 manner as the original appointment.
109109 Sec. 556.023. PRESIDING OFFICER; OTHER OFFICERS;
110110 MEETINGS. (a) The members of the realignment commission shall
111111 elect a presiding officer and other necessary officers.
112112 (b) The realignment commission shall hold meetings in
113113 different areas of the state.
114114 Sec. 556.024. COMPENSATION; TRAVEL EXPENSES. A member of
115115 the realignment commission may not receive compensation for service
116116 on the realignment commission but is entitled to reimbursement for
117117 travel expenses incurred while conducting realignment commission
118118 business.
119119 SUBCHAPTER C. POWERS AND DUTIES OF REALIGNMENT COMMISSION
120120 Sec. 556.051. GENERAL POWERS AND DUTIES OF REALIGNMENT
121121 COMMISSION. The realignment commission shall recommend the closure
122122 of state supported living centers, other than the Austin State
123123 Supported Living Center, in accordance with criteria and benchmarks
124124 as described by this chapter and determined by the realignment
125125 commission. The realignment commission shall oversee the
126126 implementation of the realignment commission's recommendations by
127127 the department as required by this chapter.
128128 Sec. 556.052. ADVISORY COMMITTEE. (a) An advisory
129129 committee is created to assist and provide information to the
130130 realignment commission.
131131 (b) The advisory committee is composed of the following
132132 members, appointed by the executive commissioner:
133133 (1) one representative of the commission;
134134 (2) one representative of the department;
135135 (3) one representative of the Department of State
136136 Health Services;
137137 (4) two representatives of community services
138138 providers;
139139 (5) one representative of local authorities;
140140 (6) two representatives of advocacy groups that focus
141141 on the independent living of persons with disabilities;
142142 (7) two family members of individuals residing in a
143143 state supported living center; and
144144 (8) two individuals with an intellectual or
145145 developmental disability, including one individual who resides or
146146 has resided in a state supported living center.
147147 (c) The advisory committee shall study and make
148148 recommendations to the realignment commission regarding the
149149 evaluation and closure of state supported living centers.
150150 Sec. 556.053. EVALUATION OF STATE SUPPORTED LIVING CENTERS.
151151 (a) The realignment commission shall evaluate the state supported
152152 living center system and determine which state supported living
153153 centers, other than the Austin State Supported Living Center,
154154 should be closed by the department.
155155 (b) In evaluating a state supported living center, the
156156 realignment commission shall consider the following factors:
157157 (1) the proximity of the state supported living center
158158 to other state supported living centers and the geographical
159159 distribution of remaining state supported living centers if the
160160 state supported living center is closed;
161161 (2) the proximity of the state supported living center
162162 to community services providers and the geographical distribution
163163 of those providers;
164164 (3) the cost of operating the state supported living
165165 center;
166166 (4) the availability of other employment
167167 opportunities in the area for employees that would be displaced by
168168 the closure of the state supported living center, including
169169 additional employment that may be needed by community services
170170 providers if the state supported living center is closed;
171171 (5) the condition of existing state supported living
172172 center structures and existing community services providers;
173173 (6) the property value, marketability, and deed
174174 restrictions of the property where the state supported living
175175 center is located, as determined in consultation with persons with
176176 business development expertise, and whether the property should be
177177 sold or converted to another use if the state supported living
178178 center is closed;
179179 (7) the ease of client transfer capability to a
180180 community placement or another state supported living center;
181181 (8) the capacity at remaining state supported living
182182 centers to accommodate persons who will need or want to be
183183 transferred from the state supported living center to another state
184184 supported living center if the state supported living center is
185185 closed;
186186 (9) the capacity of local community services providers
187187 to accommodate persons formerly served by the state supported
188188 living center who will need or want to be transferred to a community
189189 placement if the state supported living center is closed;
190190 (10) the quality of services provided at the state
191191 supported living center, the state supported living center's most
192192 recent certification inspections, and the state supported living
193193 center's ability to meet the minimum standards for an ICF-IID
194194 facility;
195195 (11) specialty programs and services available at the
196196 state supported living center, including programs and services for
197197 alleged offenders and high-risk residents, and whether those
198198 programs and services are available at other state supported living
199199 centers or from local community services providers;
200200 (12) the history of incidents of abuse, neglect, or
201201 exploitation at the state supported living center, and any findings
202202 of circumstances at the state supported living center constituting
203203 immediate jeopardy to the health or safety of the residents;
204204 (13) the state supported living center's record of
205205 compliance with the systemwide settlement agreement between the
206206 state and the United States Department of Justice regarding the
207207 department of justice's investigation of state supported living
208208 centers, as determined by the independent monitors engaged in
209209 monitoring compliance with the settlement agreement;
210210 (14) the services and supports that are not available
211211 in the community and that resulted in commitment of individuals to
212212 the state supported living center during the previous five years;
213213 (15) the support needs of residents in the state
214214 supported living center and the availability of programs that
215215 provide those services in the community;
216216 (16) the effect of expanding community programs in the
217217 area of the state supported living center, particularly in
218218 historically underserved areas of the state; and
219219 (17) any other relevant factor as determined by the
220220 realignment commission.
221221 (c) The advisory committee to the realignment commission
222222 may assist the realignment commission in performing the evaluation
223223 required by this section.
224224 (d) The realignment commission shall hold public hearings
225225 throughout the state in a manner that accommodates individuals with
226226 disabilities and their families in order to solicit input during
227227 the evaluation process.
228228 Sec. 556.054. RECOMMENDATION FOR CLOSURE; REPORT. (a) Not
229229 later than December 1, 2016, the realignment commission shall
230230 submit to the governor, the commission, the department, the
231231 lieutenant governor, the speaker of the house of representatives,
232232 and the presiding officers of the standing committees of the senate
233233 and house of representatives having primary jurisdiction over
234234 intellectual and developmental disability issues a report
235235 detailing the realignment commission's evaluation of each state
236236 supported living center and proposing the closure of certain state
237237 supported living centers, other than the Austin State Supported
238238 Living Center.
239239 (b) The realignment commission shall include in the report:
240240 (1) the name and location of each state supported
241241 living center recommended by the realignment commission to be
242242 closed;
243243 (2) the estimated number of individuals that would
244244 require a transfer to another state supported living center or a
245245 community services provider as a result of each recommended
246246 closure;
247247 (3) the number and type of community programs that
248248 need to be developed, based on the services and supports the
249249 realignment commission determined are not available in the
250250 community and that resulted in commitment of individuals to the
251251 state supported living center during the previous five years;
252252 (4) the number and type of training competencies that
253253 would be needed to assist state supported living center employees
254254 in gaining the skills needed to transfer to providing services in
255255 the community; and
256256 (5) any other relevant information as determined by
257257 the realignment commission.
258258 Sec. 556.055. EFFECT OF RECOMMENDATION. (a) The 85th
259259 Legislature shall consider legislation proposing the closure of the
260260 state supported living centers recommended for closure. In
261261 considering the proposed legislation described by this subsection,
262262 members of the legislature may not propose amendments to the
263263 legislation.
264264 (b) If the legislation described by Subsection (a) is
265265 enacted and becomes law, the department shall develop a plan and
266266 timeline for the closure of the state supported living centers
267267 approved by the legislature for closure under Subsection (a) and
268268 close those state supported living centers no later than August 31,
269269 2025. In developing the plan and timeline under this section, the
270270 department shall identify specific resources available to assist
271271 residents and employees of those state supported living centers
272272 with the transition. The department shall use the evaluation of the
273273 closure of the Austin State Supported Living Center as a guide for
274274 closing the state supported living centers under this section. In
275275 closing the state supported living centers under this section, the
276276 department shall consult with the commission regarding the sale of
277277 any property. The proceeds of the sale of property where a state
278278 supported living center was located may be appropriated only for
279279 the long-term services and supports system.
280280 Sec. 556.056. MORATORIUM ON STATE SUPPORTED LIVING CENTER
281281 PLACEMENTS. (a) An individual with an intellectual or
282282 developmental disability may not be admitted or committed to a
283283 state supported living center under Chapter 593 on or after
284284 September 1, 2015, if:
285285 (1) the closure of the center has been recommended by
286286 the realignment commission; or
287287 (2) as provided by the Centers for Medicare and
288288 Medicaid Services:
289289 (A) the center's certification is at risk because
290290 of deficient practices that have put the health and safety of the
291291 center's residents in immediate jeopardy; or
292292 (B) the center's certification is at risk of
293293 termination in 90 days because of noncompliance with certification
294294 requirements.
295295 (b) The department shall ensure that individuals who would
296296 otherwise be committed under Chapter 593 receive services by
297297 ensuring programs are available to provide those services through
298298 diversion and other community capacity building activities.
299299 SECTION 2. (a) Not later than September 1, 2015, the
300300 governor and lieutenant governor shall appoint the members of the
301301 State Supported Living Center Realignment Commission as provided by
302302 Chapter 556, Health and Safety Code, as added by this Act.
303303 (b) Not later than January 1, 2016, the executive
304304 commissioner of the Health and Human Services Commission shall
305305 appoint the advisory committee as provided by Section 556.052,
306306 Health and Safety Code, as added by this Act.
307307 SECTION 3. If before implementing any provision of this Act
308308 a state agency determines that a waiver or authorization from a
309309 federal agency is necessary for implementation of that provision,
310310 the agency affected by the provision shall request the waiver or
311311 authorization and may delay implementing that provision until the
312312 waiver or authorization is granted.
313313 SECTION 4. This Act takes effect immediately if it receives
314314 a vote of two-thirds of all the members elected to each house, as
315315 provided by Section 39, Article III, Texas Constitution. If this
316316 Act does not receive the vote necessary for immediate effect, this
317317 Act takes effect September 1, 2015.