Texas 2019 - 86th Regular

Texas House Bill HB3236 Compare Versions

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

Old	New	Differences
1	1	86R11568 SCL-F
2	2	By: Landgraf H.B. No. 3236
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the home-delivered meal pilot
8	8	program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 2, Health and Safety Code, is
11	11	amended by adding Chapter 65 to read as follows:
12	12	CHAPTER 65. HOME-DELIVERED MEAL PILOT PROGRAM
13	13	Sec. 65.0001. DEFINITIONS. In this chapter:
14	14	(1) "Client" means an individual who is elderly or has
15	15	a disability and who receives a meal under the program.
16	16	(2) "Program" means the home-delivered meal pilot
17	17	program established under this chapter.
18	18	(3) "Provider" means a meal provider who contracts
19	19	with the commission to provide and deliver home-delivered meals
20	20	under the program.
21	21	Sec. 65.0002. ESTABLISHMENT. (a) The commission shall
22	22	establish and operate in one or more underserved geographic areas
23	23	of this state the home-delivered meal pilot program to provide meal
24	24	deliveries to individuals who are elderly or have a disability.
25	25	(b) The commission may contract with a meal provider to
26	26	provide home-delivered meals under the program.
27	27	Sec. 65.0003. MEAL REQUIREMENTS. (a) A provider may use a
28	28	hot, frozen, chilled, or shelf-stable meal for the program.
29	29	(b) The provider shall ensure a meal allows a client to
30	30	sanitarily and safely handle, store, thaw, and prepare the meal.
31	31	Sec. 65.0004. PACKAGING REQUIREMENTS. (a) A provider
32	32	shall use supplies and meal transport carriers that allow hot,
33	33	frozen, chilled, and shelf-stable meals to be packaged and stored
34	34	separately.
35	35	(b) For hot, frozen, chilled, or shelf-stable meals that are
36	36	easily damaged, a provider must use an enclosed meal transport
37	37	carrier and trays or other containers necessary to protect the
38	38	meals from contamination, crushing, or spillage during transport.
39	39	(c) A provider shall equip a meal transport carrier with
40	40	insulation or supplemental hot or cold sources as necessary to
41	41	maintain safe temperatures for meals during transport.
42	42	(d) A provider shall use meal packaging that:
43	43	(1) is sealed to prevent moisture loss or spillage;
44	44	(2) allows the meal to be maintained at a safe
45	45	temperature during transport;
46	46	(3) includes compartments for separating food items in
47	47	the meal to increase visual appeal and minimize spillage; and
48	48	(4) allows easy access by clients.
49	49	(e) A provider shall maintain the food temperature of meals
50	50	prepared and packaged for delivery:
51	51	(1) below 41 degrees Fahrenheit for cold food items;
52	52	(2) above 140 degrees Fahrenheit for hot food items;
53	53	(3) at or below 20 degrees Fahrenheit for frozen food
54	54	items; and
55	55	(4) in accordance with packaging guidelines for
56	56	shelf-stable food items.
57	57	Sec. 65.0005. DELIVERY REQUIREMENTS. (a) A provider shall
58	58	prepare and package meals in a manner that allows delivery at a
59	59	reasonable time during the day.
60	60	(b) A provider shall provide and deliver meals to each
61	61	client in accordance with the commission contract. The provider
62	62	shall, on a form prescribed by the commission, note whether each
63	63	meal is delivered or undelivered.
64	64	(c) If a client is not present to accept delivery of a meal,
65	65	a provider may not leave the meal unless the provider ensures that
66	66	on the client's acceptance, the meal is within the proper
67	67	temperature requirements described by Section 65.0004(e).
68	68	(d) A provider shall comply with commission policy for
69	69	undelivered meals. For each undelivered meal, the provider must
70	70	state, on a form prescribed by the commission, the reason the meal
71	71	was not delivered.
72	72	(e) If a provider violates this section, the commission may
73	73	consider the provider in breach of the commission contract.
74	74	Sec. 65.0006. CASE MANAGER NOTIFICATION. (a) If a client
75	75	who receives meals from a provider under the program has a case
76	76	manager, and a reasonable time has passed in which the provider has
77	77	not had contact with the client or the client's responsible party,
78	78	the provider shall notify the case manager orally or by e-mail or
79	79	fax of the provider's concerns regarding the lack of contact.
80	80	(b) A provider who orally provides the notification
81	81	required under Subsection (a) shall also provide written notice to
82	82	the case manager not later than the fifth business day after the
83	83	date the provider provides the oral notification.
84	84	Sec. 65.0007. REPORT. The commission shall submit a
85	85	written report to the legislature on the results of the program not
86	86	later than December 1, 2020.
87	87	Sec. 65.0008. EXPIRATION. The program and this chapter
88	88	expire September 1, 2021.
89	89	SECTION 2. The Health and Human Services Commission shall
90	90	establish the home-delivered meal pilot program under Chapter 65,
91	91	Health and Safety Code, as added by this Act, not later than March
92	92	1, 2020.
93	93	SECTION 3. This Act takes effect September 1, 2019.