Texas 2021 - 87th Regular

Texas House Bill HB1134 Compare Versions

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

Old	New	Differences
1	1	87R5657 MCF-F
2	2	By: Landgraf H.B. No. 1134
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the home-delivered meal program.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.042, Agriculture Code, is amended by
10	10	adding Subsection (m) to read as follows:
11	11	(m) Notwithstanding Subsections (c) and (d) or any other
12	12	provision of this chapter, the department shall allow a
13	13	governmental agency, nonprofit private organization, or for-profit
14	14	private organization to apply to the department for a grant under
15	15	this section if the agency or organization contracts with an area
16	16	agency on aging to deliver meals.
17	17	SECTION 2. Subtitle C, Title 2, Health and Safety Code, is
18	18	amended by adding Chapter 65 to read as follows:
19	19	CHAPTER 65. HOME-DELIVERED MEAL PROGRAM
20	20	Sec. 65.0001. DEFINITIONS. In this chapter:
21	21	(1) "Area agency on aging" means:
22	22	(A) an area agency on aging designated under 42
23	23	U.S.C. Section 3025(a)(2)(A); or
24	24	(B) a state agency performing the functions of an
25	25	area agency on aging under 42 U.S.C. Section 3025(b)(5).
26	26	(2) "Client" means an individual who is elderly or has
27	27	a disability and who receives a meal under the program.
28	28	(3) "Program" means the home-delivered meal program
29	29	under this chapter.
30	30	(4) "Provider" means a meal provider who contracts
31	31	with the commission or an area agency on aging to provide and
32	32	deliver home-delivered meals under the program.
33	33	Sec. 65.0002. APPLICABILITY. This chapter does not apply
34	34	to home-delivered meals provided through the Medicaid managed care
35	35	program under Chapter 533, Government Code.
36	36	Sec. 65.0003. PROGRAM MODERNIZATION. (a) The commission
37	37	shall maintain and revise as necessary operating guidelines for a
38	38	home-delivered meal program to effectively and efficiently provide
39	39	meal deliveries to individuals who are elderly or have a
40	40	disability.
41	41	(b) The commission may contract with a meal provider to
42	42	provide home-delivered meals under the program.
43	43	(c) In awarding a contract to a provider, the commission or
44	44	area agency on aging shall:
45	45	(1) prioritize providers who:
46	46	(A) conduct a face-to-face client visit;
47	47	(B) deliver hot meals for the program; and
48	48	(C) comply with reporting requirements for the
49	49	nutrition services incentive program established under 42 U.S.C.
50	50	Section 3030a;
51	51	(2) give extra consideration to providers capable of
52	52	delivering meals to clients in both rural and urban areas;
53	53	(3) give extra consideration to providers with the
54	54	capacity to deliver meals to eligible individuals who are currently
55	55	on an interest or other waiting list for services under the program;
56	56	(4) consider the individual dietary needs of clients
57	57	through condition-specific menus; and
58	58	(5) negotiate enhanced meal rates to ensure program
59	59	efficacy.
60	60	Sec. 65.0004. MEAL REQUIREMENTS. A provider may use
61	61	frozen, chilled, or shelf-stable meals if:
62	62	(1) the provider and the client are capable of
63	63	providing sanitary and safe conditions for storage, thawing, and
64	64	preparation of the meal; and
65	65	(2) the client, or another available person for the
66	66	client, is capable of safely handling the meal.
67	67	Sec. 65.0005. PACKAGING REQUIREMENTS. (a) A provider
68	68	shall use supplies and meal transport carriers that allow hot,
69	69	frozen, chilled, and shelf-stable meals to be packaged and stored
70	70	separately.
71	71	(b) For hot, frozen, chilled, or shelf-stable meals that are
72	72	easily damaged, a provider must use an enclosed meal transport
73	73	carrier and trays or other containers necessary to protect the
74	74	meals from contamination, crushing, or spillage during transport.
75	75	(c) A provider shall equip a meal transport carrier with
76	76	insulation or supplemental hot or cold sources as necessary to
77	77	maintain safe temperatures for meals during transport.
78	78	(d) A provider shall use meal packaging that:
79	79	(1) is sealed to prevent moisture loss or spillage;
80	80	(2) allows preservation of the meal at a safe
81	81	temperature during transport;
82	82	(3) includes compartments for separating food items to
83	83	increase visual appeal and minimize spillage; and
84	84	(4) allows easy access by clients.
85	85	(e) A provider shall maintain the food temperature of meals
86	86	prepared and packaged for delivery in accordance with commission
87	87	rules and area agency on aging requirements for home-delivered
88	88	meals.
89	89	Sec. 65.0006. DELIVERY REQUIREMENTS. (a) A provider shall
90	90	deliver meals:
91	91	(1) at a commercially reasonable time; and
92	92	(2) on a date on which the provider and client mutually
93	93	agree.
94	94	(b) A provider in accordance with the commission or area
95	95	agency on aging contract shall provide and deliver meals to each
96	96	client daily, weekly, or every other week, dependent on the
97	97	acceptable shelf life of the meal. The provider shall document
98	98	whether each meal is delivered or undelivered. A client's
99	99	statement that the client failed to receive a meal delivery
100	100	constitutes documentation that the meal was not delivered.
101	101	(c) If a client is not present to accept delivery of a meal,
102	102	a provider may leave the meal only if the provider ensures the meal
103	103	is maintained at a safe temperature.
104	104	(d) For each undelivered meal, a provider shall document the
105	105	meal as undelivered and the reason the provider was unable to
106	106	deliver the meal. A provider shall maintain documentation of
107	107	undelivered meals in accordance with the contract.
108	108	(e) If a provider violates this section, the commission or
109	109	area agency on aging may consider the provider in breach of the
110	110	contract.
111	111	Sec. 65.0007. CASE MANAGER NOTIFICATION. A provider who
112	112	has not had contact with the client or the client's responsible
113	113	party within the time agreed by contract shall notify in writing the
114	114	client's case manager, if applicable, of the provider's concerns
115	115	regarding the lack of contact.
116	116	SECTION 3. (a) In this section:
117	117	(1) "Area agency on aging," "client," and "program"
118	118	have the meanings assigned by Section 65.0001, Health and Safety
119	119	Code, as added by this Act.
120	120	(2) "Commission" means the Health and Human Services
121	121	Commission.
122	122	(b) The commission shall conduct a study examining the
123	123	interest or other waiting lists of individuals seeking
124	124	home-delivered meals maintained by the commission and each area
125	125	agency on aging in the program.
126	126	(c) In conducting the study under this section, the
127	127	commission shall identify additional strategies the commission
128	128	could employ to provide home-delivered meal services to additional
129	129	clients and eliminate the interest or other waiting lists,
130	130	including strategies employed by other states and strategies
131	131	through which the program could receive additional funding.
132	132	(d) Not later than December 1, 2022, the commission shall
133	133	submit to the legislature a written report containing the findings
134	134	of the study conducted under this section and the commission's
135	135	legislative recommendations.
136	136	SECTION 4. The executive commissioner of the Health and
137	137	Human Services Commission shall adopt rules necessary to implement
138	138	Chapter 65, Health and Safety Code, as added by this Act, and
139	139	modernize the home-delivered meal program under that chapter.
140	140	SECTION 5. This Act takes effect immediately if it receives
141	141	a vote of two-thirds of all the members elected to each house, as
142	142	provided by Section 39, Article III, Texas Constitution. If this
143	143	Act does not receive the vote necessary for immediate effect, this
144	144	Act takes effect September 1, 2021.