84R1895 JSC-D
By: Schwertner S.B. No. 277
A BILL TO BE ENTITLED
AN ACT
relating to the abolition of certain health-related task forces,
work groups, advisory councils, and advisory committees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) The Information and Referral System Task
Force is abolished.
(b) Section 531.0314, Government Code, is repealed.
SECTION 2. (a) The Volunteer Advocate Program Advisory
Committee is abolished.
(b) Sections 531.057(b) and (c), Government Code, are
amended to read as follows:
(b) The executive commissioner shall [coordinate with the
advisory committee established under Section 531.0571 to] develop a
volunteer advocate program for the elderly receiving services from
or under the direction of the commission or a health and human
services agency.
(c) In developing the program, the executive commissioner
[and the advisory committee] shall adhere to the following
principles:
(1) the intent of the program is to evaluate, through
operation of pilot projects, whether providing the services of a
trained volunteer advocate selected by an elderly individual or the
individual's designated caregiver is effective in achieving the
following goals:
(A) extend the time the elderly individual can
remain in an appropriate home setting;
(B) maximize the efficiency of services
delivered to the elderly individual by focusing on services needed
to sustain family caregiving;
(C) protect the elderly individual by providing a
knowledgeable third party to review the quality of care and
services delivered to the individual and the care options available
to the individual and the individual's family; and
(D) facilitate communication between the elderly
individual or the individual's designated caregiver and providers
of health care and other services;
(2) a volunteer advocate curriculum must be
established that incorporates best practices as determined and
recognized by a professional organization recognized in the elder
health care field;
(3) the use of pro bono assistance from qualified
professionals must be maximized in developing the volunteer
advocate curriculum and designing the program;
(4) trainers must be certified on the ability to
deliver training;
(5) training shall be offered through multiple
community-based organizations; and
(6) participation in the program is voluntary and must
be initiated by the elderly individual or the individual's
designated caregiver.
(c) Section 531.0571, Government Code, is repealed.
SECTION 3. (a) The Medicaid and Public Assistance Fraud
Oversight Task Force is abolished.
(b) Section 22.028(c), Human Resources Code, is amended to
read as follows:
(c) No later than the first day of each month, the
department shall send the comptroller a report listing the accounts
on which enforcement actions or other steps were taken by the
department in response to the records received from the EBT
operator under this section, and the action taken by the
department. The comptroller shall promptly review the report and,
as appropriate, may solicit the advice of the office of the
inspector general [Medicaid and Public Assistance Fraud Oversight
Task Force] regarding the results of the department's enforcement
actions.
(c) Section 531.107, Government Code, is repealed.
SECTION 4. (a) The Office of Early Childhood Coordination
Advisory Committee is abolished.
(b) Section 531.281, Government Code, is amended to read as
follows:
Sec. 531.281. DEFINITION [DEFINITIONS]. In this chapter,
"office" [:
[(1) "Office"] means the Office of Early Childhood
Coordination.
[(2) "Advisory committee" means the Office of Early
Childhood Coordination Advisory Committee.]
(c) Section 531.286, Government Code, is repealed.
SECTION 5. (a) The Work Group on Uncompensated Hospital
Care is abolished.
(b) Section 531.551(a), Government Code, is amended to read
as follows:
(a) The executive commissioner shall adopt rules providing
for:
(1) a standard definition of "uncompensated hospital
care";
(2) a methodology to be used by hospitals in this state
to compute the cost of that care [that incorporates the standard set
of adjustments described by Section 531.552(g)(4)]; and
(3) procedures to be used by those hospitals to report
the cost of that care to the commission and to analyze that cost.
(c) Section 531.552, Government Code, is repealed.
SECTION 6. (a) The Sickle Cell Advisory Committee is
abolished.
(b) Section 33.052, Health and Safety Code, is amended to
read as follows:
Sec. 33.052. DUTIES OF DEPARTMENT. The department shall[:
[(1)] identify efforts related to the expansion and
coordination of education, treatment, and continuity of care
programs for individuals with sickle cell trait and sickle cell
disease[;
[(2) assist the advisory committee created under
Section 33.053; and
[(3) provide the advisory committee created under
Section 33.053 with staff support necessary for the advisory
committee to fulfill its duties].
(c) Section 33.053, Health and Safety Code, is repealed.
SECTION 7. (a) The Arthritis Advisory Committee is
abolished.
(b) Section 97.007, Health and Safety Code, is repealed.
SECTION 8. (a) The Youth Camp Training Advisory Committee
is abolished.
(b) Section 141.0095(d), Health and Safety Code, is amended
to read as follows:
(d) In accordance with this section [and the criteria and
guidelines developed by the training advisory committee
established under Section 141.0096], the executive commissioner of
the Health and Human Services Commission by rule shall establish
criteria and guidelines for training and examination programs on
sexual abuse and child molestation. The department may approve
training and examination programs offered by trainers under
contract with youth camps or by online training organizations or
may approve programs offered in another format authorized by the
department.
(c) Section 141.0096, Health and Safety Code, is repealed.
SECTION 9. (a) The Home and Community Support Services
Advisory Council is abolished.
(b) Section 142.009(l), Health and Safety Code, is amended
to read as follows:
(l) The department and other state agencies that are under
the Health and Human Services Commission and that contract with
home and community support services agencies to deliver services
for which a license is required under this chapter shall execute a
memorandum of understanding that establishes procedures to
eliminate or reduce duplication of standards or conflicts between
standards and of functions in license, certification, or compliance
surveys and complaint investigations. [The Health and Human
Services Commission shall review the recommendation of the council
relating to the memorandum of understanding before considering
approval.] The memorandum of understanding must be approved by the
Health and Human Services Commission [commission].
(c) Sections 142.001(10) and 142.015, Health and Safety
Code, are repealed.
SECTION 10. (a) The Be a Blood Donor Advisory Committee is
abolished.
(b) Section 162.017, Health and Safety Code, is repealed.
SECTION 11. (a) The Advisory Committee on Assisted Living
Facilities is abolished.
(b) Section 247.006, Health and Safety Code, is repealed.
SECTION 12. (a) The Texas Food, Drug, and Cosmetic Act
Advisory Committee is abolished.
(b) Section 431.275, Health and Safety Code, is repealed.
SECTION 13. (a) The Advisory Committee on Inpatient Mental
Health Services is abolished.
(b) Section 571.027, Health and Safety Code, is repealed.
SECTION 14. (a) The Texas Medical Child Abuse Resources and
Education System Advisory Committee is abolished.
(b) Section 1001.155, Health and Safety Code, as added by
Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular
Session, 2009, is reenacted and amended to read as follows:
Sec. 1001.155. REQUIRED REPORT. Not later than December 1
of each even-numbered year, the department [, with the assistance
of the advisory committee established under this subchapter,] shall
submit a report to the governor and the legislature regarding the
grant activities of the program and grant recipients, including the
results and outcomes of grants provided under this subchapter.
(c) Section 1001.153, Health and Safety Code, as added by
Chapter 1238 (S.B. 2080), Acts of the 81st Legislature, Regular
Session, 2009, is repealed.
SECTION 15. (a) The Advisory Committee for Services to Aged
and Disabled Persons is abolished.
(b) Section 22.010, Human Resources Code, is repealed.
SECTION 16. (a) The Interagency Inspection Task Force is
abolished.
(b) Section 42.0442(c), Human Resources Code, is amended to
read as follows:
(c) [The interagency task force shall establish an
inspection checklist based on the inspection protocol developed
under Subsection (b).] Each state agency that inspects a facility
listed in Subsection (a) shall use an [the] inspection checklist
established by the department in performing an inspection. A state
agency shall make a copy of the completed inspection checklist
available to the facility at the facility's request to assist the
facility in maintaining records.
(c) Section 42.0442(b), Human Resources Code, is repealed.
SECTION 17. If an entity that is abolished by this Act has
property, records, or other assets, the Health and Human Services
Commission shall take custody of the entity's property, records, or
other assets.
SECTION 18. This Act takes effect September 1, 2015.