Texas 2015 - 84th Regular

Texas Senate Bill SB205 Compare Versions

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

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1	1	84R1246 KKR-D
2	2	By: Campbell, et al. S.B. No. 205
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the functions of the Department of Assistive and
8	8	Rehabilitative Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 117.001, Human Resources Code, is
11	11	amended by amending Subdivision (1) and adding Subdivisions (1-a),
12	12	(1-b), (4-a), and (4-b) to read as follows:
13	13	(1) "Caseworker" means a department employee who
14	14	manages a client's case under a direct services program and
15	15	provides direct services to the client under the program.
16	16	(1-a) "Center for independent living" has the meaning
17	17	assigned by Section 702 of the federal Rehabilitation Act of 1973
18	18	(29 U.S.C. Section 796a).
19	19	(1-b) "Commission" means the Health and Human Services
20	20	Commission.
21	21	(4-a) "Direct services" means services provided to a
22	22	client by a department employee, including counseling,
23	23	facilitating the purchase of services from a source other than the
24	24	department, and purchasing equipment and other items and providing
25	25	other services necessary for the client to successfully complete a
26	26	department program.
27	27	(4-b) "Direct services program" means a program
28	28	operated by the department through which direct services are
29	29	provided.
30	30	SECTION 2. Subchapter D, Chapter 117, Human Resources Code,
31	31	is amended by adding Sections 117.079, 117.080, 117.081, and
32	32	117.082 to read as follows:
33	33	Sec. 117.079. INTEGRATION OF INDEPENDENT LIVING SERVICES
34	34	PROGRAMS. (a) Not later than September 1, 2016, the department
35	35	shall integrate into a single independent living services program
36	36	the following programs that the department operates under Title VII
37	37	of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 796 et
38	38	seq.):
39	39	(1) the Independent Living Program for individuals who
40	40	are blind or have visual impairments; and
41	41	(2) the Independent Living Services Program for
42	42	individuals with significant disabilities.
43	43	(b) The executive commissioner shall adopt any rules
44	44	necessary to facilitate the integration of the programs identified
45	45	in Subsection (a), including rules that direct the department, as
46	46	the single designated state entity responsible for administering
47	47	the state's independent living services program, to comply with the
48	48	requirements of 29 U.S.C. Section 796c for the integrated program.
49	49	(c) This section expires September 1, 2017.
50	50	Sec. 117.080. PROVISION OF INDEPENDENT LIVING SERVICES.
51	51	(a) The department shall ensure that all services provided under
52	52	the independent living services program that the department
53	53	operates under Title VII of the federal Rehabilitation Act of 1973
54	54	(29 U.S.C. Section 796 et seq.) are directly provided by centers for
55	55	independent living, except as provided by Subsection (b), and are
56	56	not directly provided by the department.
57	57	(b) If an area of the state does not have a center for
58	58	independent living, or no center for independent living in that
59	59	area is able to provide certain necessary services under the
60	60	independent living services program, the department shall seek to
61	61	identify a center for independent living that is willing and able to
62	62	contract with a nonprofit organization or other person to provide
63	63	the independent living services in the area under the program. If
64	64	no center for independent living is willing and able to contract
65	65	with another organization or other person, the department may
66	66	directly contract with an organization or other person who is not a
67	67	center for independent living to provide the independent living
68	68	services in the area under the program.
69	69	(c) The department shall evaluate the independent living
70	70	services provided by a center for independent living and shall
71	71	provide necessary training or technical assistance to help the
72	72	center for independent living expand its capacity to provide a full
73	73	range of independent living services.
74	74	(d) The department shall monitor the performance of each
75	75	center for independent living in providing independent living
76	76	services, including how the center for independent living monitors
77	77	the performance of the organizations and other persons with whom it
78	78	contracts to provide independent living services.
79	79	(e) The executive commissioner shall adopt rules to
80	80	implement this section that include:
81	81	(1) an equitable and transparent methodology for
82	82	allocating funds to centers for independent living under the
83	83	independent living services program;
84	84	(2) requirements applicable to the department in
85	85	contracting with centers for independent living to provide
86	86	independent living services under the program;
87	87	(3) requirements applicable to centers for
88	88	independent living in contracting with organizations and other
89	89	persons to provide independent living services under the program;
90	90	(4) requirements applicable to the department in
91	91	contracting with organizations or other persons who are not centers
92	92	for independent living to provide independent living services under
93	93	the program;
94	94	(5) a process for the department to monitor
95	95	independent living services contracts;
96	96	(6) guidelines on the department's role in providing
97	97	technical assistance and training to centers for independent living
98	98	as necessary; and
99	99	(7) expectations for department employees to refer
100	100	persons who contact the department seeking independent living
101	101	services to centers for independent living.
102	102	(f) Notwithstanding the requirements of this section, the
103	103	department shall ensure that services provided under the
104	104	independent living services program are provided as required by
105	105	this section not later than August 31, 2016. This subsection
106	106	expires September 1, 2017.
107	107	Sec. 117.081. COMPREHENSIVE REHABILITATION SERVICES
108	108	PROGRAM. The department shall operate a comprehensive
109	109	rehabilitation services program to provide comprehensive
110	110	rehabilitation services to persons with traumatic brain or spinal
111	111	cord injuries. The executive commissioner shall adopt rules for
112	112	the program that include:
113	113	(1) a system of organization for the delivery of the
114	114	comprehensive rehabilitation services;
115	115	(2) eligibility requirements for the comprehensive
116	116	rehabilitation services;
117	117	(3) the types of services that may be provided to a
118	118	client under the program; and
119	119	(4) requirements for client participation in the costs
120	120	of the comprehensive rehabilitation services.
121	121	Sec. 117.082. CHILDREN'S AUTISM PROGRAM. The department
122	122	shall operate a children's autism program to provide services to
123	123	children with autism spectrum disorders. The executive
124	124	commissioner shall adopt rules for the program that include:
125	125	(1) a system of organization for the delivery of the
126	126	autism services;
127	127	(2) eligibility requirements for the autism services;
128	128	(3) the types of services that may be provided to a
129	129	client under the program; and
130	130	(4) requirements for participation by the client's
131	131	family in the costs of the autism services.
132	132	SECTION 3. Chapter 117, Human Resources Code, is amended by
133	133	adding Subchapter E to read as follows:
134	134	SUBCHAPTER E. ADMINISTRATION OF DIRECT SERVICES PROGRAMS IN
135	135	GENERAL
136	136	Sec. 117.091. DIRECT SERVICES PROGRAM CASEWORKER
137	137	GUIDELINES. (a) The department shall use program data and best
138	138	practices to establish and maintain guidelines that provide
139	139	direction for caseworkers' decisions in all of the department's
140	140	direct services programs. The guidelines:
141	141	(1) must categorize direct services program cases
142	142	based on the types of services provided and, for each category,
143	143	include provisions addressing:
144	144	(A) the recommended length of time a case in that
145	145	category should last; and
146	146	(B) the recommended total expenditures for a case
147	147	in that category;
148	148	(2) must include provisions for creating intermediate
149	149	goals for a client receiving services through a direct services
150	150	program that will allow:
151	151	(A) the caseworker to monitor the client's
152	152	progress; and
153	153	(B) the caseworker's supervisor to evaluate how
154	154	the client's case is advancing;
155	155	(3) must include criteria for caseworkers to use in
156	156	evaluating progress on the intermediate goals described in
157	157	Subdivision (2); and
158	158	(4) may include other provisions designed to assist
159	159	caseworkers and their supervisors to achieve successful outcomes
160	160	for clients.
161	161	(b) A caseworker may exceed the recommended guidelines
162	162	described in Subsection (a)(1) in a direct services program case
163	163	but must obtain the approval of the caseworker's supervisor after
164	164	documenting the need to exceed the guidelines.
165	165	(c) The guidelines established under this section are not
166	166	intended to limit the provision of appropriate or necessary
167	167	services to a client.
168	168	(d) The department shall provide the guidelines established
169	169	under this section to caseworkers in a format that allows
170	170	caseworkers to easily access the information.
171	171	Sec. 117.092. DIRECT SERVICES PROGRAM CASE REVIEW SYSTEM.
172	172	(a) The department shall establish and maintain a single, uniform
173	173	case review system for all direct services programs.
174	174	(b) The case review system must:
175	175	(1) include risk assessment tools that account for the
176	176	different risks involved in each direct services program;
177	177	(2) require that case reviews:
178	178	(A) be used to consistently evaluate each direct
179	179	services program across all regions, with the goal of evaluating at
180	180	least 10 percent of all cases in each program and region annually;
181	181	(B) focus on areas of highest risk and prioritize
182	182	the review of the following cases:
183	183	(i) except as provided by Subparagraph
184	184	(ii), cases in which direct services have been provided for more
185	185	than two years;
186	186	(ii) cases in the Blind Children's
187	187	Vocational Discovery and Development Program in which direct
188	188	services have been provided for more than five years; and
189	189	(iii) cases that are significantly outside
190	190	the expenditure guidelines for that type of case;
191	191	(C) be used to evaluate a caseworker's
192	192	eligibility determinations and decisions to close a case before a
193	193	service plan is developed or without the client reaching the
194	194	client's goal; and
195	195	(D) focus on the quality of a caseworker's
196	196	decision-making and compliance with program requirements; and
197	197	(3) require a caseworker's supervisor to use the
198	198	reviews of a caseworker's cases in conducting the caseworker's
199	199	performance evaluation and in providing informal guidance to the
200	200	caseworker to improve the caseworker's performance.
201	201	Sec. 117.093. DIRECT SERVICES PROGRAM MONITORING. (a)
202	202	Department personnel not employed to perform functions directly
203	203	under a direct services program must be designated to monitor those
204	204	programs from a statewide perspective. The designated personnel
205	205	shall collect, monitor, and analyze data relating to direct
206	206	services programs and report outcomes and trends to program
207	207	managers and, as necessary, the commissioner or other appropriate
208	208	executive management.
209	209	(b) The monitoring function under Subsection (a) must
210	210	include monitoring of:
211	211	(1) performance data from all regions and all direct
212	212	services programs to identify trends; and
213	213	(2) case review data to ensure compliance with the
214	214	case review system under Section 117.092.
215	215	(c) Personnel designated to perform the monitoring function
216	216	required by this section shall work with direct services program
217	217	staff to develop objective and detailed outcome measures for the
218	218	programs.
219	219	(d) The department may conduct internal peer reviews of the
220	220	department's field offices at regular intervals to assess the field
221	221	offices' compliance with federal regulations and department
222	222	policies and to compare each field office's compliance with the
223	223	compliance of the other field offices. The department may use
224	224	personnel designated to perform the monitoring function required by
225	225	this section to facilitate the internal peer reviews.
226	226	SECTION 4. Sections 91.022 and 111.071, Human Resources
227	227	Code, are repealed.
228	228	SECTION 5. The executive commissioner of the Health and
229	229	Human Services Commission shall adopt the rules required by Section
230	230	117.080(e), Human Resources Code, as added by this Act, as soon as
231	231	practicable after the effective date of this Act.
232	232	SECTION 6. If before implementing any provision of this Act
233	233	a state agency determines that a waiver or authorization from a
234	234	federal agency is necessary for implementation of that provision,
235	235	the agency affected by the provision shall request the waiver or
236	236	authorization and may delay implementing that provision until the
237	237	waiver or authorization is granted.
238	238	SECTION 7. This Act takes effect September 1, 2015.