Texas 2025 - 89th Regular

Texas House Bill HB1536 Compare Versions

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1-89R18939 AMF-F
1+89R7262 AMF-F
22 By: Craddick H.B. No. 1536
3- Substitute the following for H.B. No. 1536:
4- By: Hull C.S.H.B. No. 1536
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a rural community-based care pilot program.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Chapter 264, Family Code, is amended by adding
1212 Subchapter B-2 to read as follows:
1313 SUBCHAPTER B-2. RURAL COMMUNITY-BASED CARE PILOT PROGRAM
1414 Sec. 264.181. DEFINITIONS. In this subchapter:
1515 (1) "Catchment area" has the meaning assigned by
1616 Section 264.152.
17- (2) "Community-based care" means the provision of
18- child welfare services in accordance with state and federal child
19- welfare goals by a community-based nonprofit or local governmental
20- entity under the pilot program.
17+ (2) "Community-based care" has the meaning assigned by
18+ Section 264.152.
2119 (3) "Eligible rural region" means a catchment area for
2220 which the department requested but did not receive bids, proposals,
2321 or other applicable expressions of interest to implement
2422 community-based care under Subchapter B-1 in which at least
2523 two-thirds of the counties comprising the area have a population of
2624 50,000 or less.
2725 (4) "Pilot program" means a rural community-based care
28- pilot program implemented under this subchapter.
29- Sec. 264.182. IMPLEMENTATION OF PILOT PROGRAM. The
30- department, in partnership with a lead entity selected under
31- Section 264.183, shall develop and implement a rural
32- community-based care pilot program in an eligible rural region to:
26+ pilot program established under this subchapter.
27+ Sec. 264.182. ESTABLISHMENT OF PILOT PROGRAM. The
28+ department shall establish a rural community-based care pilot
29+ program in an eligible rural region to:
3330 (1) implement a community-based model of child welfare
3431 services and increase community engagement in the child welfare
3532 system;
3633 (2) improve outcomes for children and families by
3734 expanding the availability of child welfare services and promoting
3835 innovation in the delivery of child welfare services to children
3936 and families; and
4037 (3) develop a sustainable, replicable model for the
4138 provision of child welfare services in rural areas.
42- Sec. 264.183. QUALIFICATIONS OF LEAD ENTITY; SELECTION;
43- PROCUREMENT. (a) To enter into a contract with the department to
44- serve as a lead entity to provide services under this subchapter, an
45- entity must be:
39+ Sec. 264.183. QUALIFICATIONS OF LEAD ENTITY; SELECTION. (a)
40+ To enter into a contract with the department to serve as a lead
41+ entity to provide services under this subchapter, an entity must
42+ be:
4643 (1) a nonprofit entity that has a board of directors
4744 composed entirely of residents of the catchment area; or
4845 (2) a local government entity.
4946 (b) In selecting a lead entity, the department shall
5047 consider whether a prospective contractor has:
5148 (1) strong community support and partnerships;
5249 (2) demonstrated experience leading collaborative
5350 initiatives in the region; and
5451 (3) the capacity to coordinate with local community
5552 organizations to serve children and families.
5653 (c) The department shall request local stakeholders in an
5754 eligible rural region to provide any necessary information about
5855 the region that will assist the department in:
5956 (1) preparing the department's request for bids,
6057 proposals, or other applicable expressions of interest to provide
6158 community-based care in the eligible rural region; and
6259 (2) selecting a lead entity to provide community-based
6360 care in the eligible rural region.
64- (d) The department's request for bids, proposals, or other
65- applicable expressions of interest to provide community-based care
66- in the eligible rural region may include, in a single request,
67- services to develop the pilot program model and implement the pilot
68- program.
69- (e) Notwithstanding any other law and to address the unique
70- challenges of providing community-based care to rural areas of this
71- state in an efficient manner the department may:
72- (1) procure, as a single procurement, services to
73- develop a pilot program model under Section 264.184(a) and
74- implement the pilot program under Section 264.184(b); and
75- (2) separately procure the services of the independent
76- evaluator under Section 264.194.
77- Sec. 264.184. PILOT PROGRAM MODEL AND IMPLEMENTATION
78- SCHEDULE; AUTHORITY. (a) The department, in partnership with the
79- lead entity, shall develop a pilot program model that includes a
80- timeline, with identified funding, for implementing
81- community-based care in the eligible rural region and that
82- addresses:
83- (1) the following services for families and children:
84- (A) family-based services to ensure child safety
85- and prevent entry into foster care;
61+ Sec. 264.184. PROGRAM MODEL AND IMPLEMENTATION SCHEDULE;
62+ AUTHORITY. (a) The lead entity shall develop a program model that
63+ includes a timeline for implementing community-based care in the
64+ eligible rural region and that:
65+ (1) includes the following services for families and
66+ children:
67+ (A) early intervention services to prevent entry
68+ into foster care;
8669 (B) family preservation services, as defined by
8770 Section 262.401;
88- (C) case management;
71+ (C) case management, as defined by Section
72+ 264.152;
8973 (D) foster care and kinship care services;
9074 (E) adoption and post-adoption services;
9175 (F) transition services for youth aging out of
9276 foster care; and
9377 (G) any additional services necessary to meet the
9478 needs of children and families in the region;
95- (2) the development of and coordination with a diverse
96- network of service providers, including faith-based organizations,
97- local mental health authorities, and others to ensure comprehensive
79+ (2) develops and coordinates with a diverse network of
80+ service providers, including faith-based organizations, local
81+ mental health authorities, and others to ensure comprehensive
9882 service delivery;
99- (3) the development and implementation of innovative
100- approaches to improve outcomes for children and families;
101- (4) any identified geographic disparities in service
102- availability and access in the region's child welfare system;
103- (5) the creation and oversight of a quality assurance
104- system; and
105- (6) the implementation of a system to manage financial
106- risks and resources, including state and federal funds.
107- (b) To implement the pilot program model developed under
83+ (3) develops and implements innovative approaches to
84+ improve outcomes for children and families;
85+ (4) addresses any inequities in the region's child
86+ welfare system;
87+ (5) establishes a quality assurance system; and
88+ (6) establishes a system to manage financial
89+ resources, including state and federal funds.
90+ (b) To implement the program model developed under
10891 Subsection (a), a lead entity may:
10992 (1) develop and implement policies and procedures
11093 regarding the provision of community-based care within the scope of
111- applicable law and consistent with department policies and
112- procedures, unless waived under Section 264.189;
94+ applicable law;
11395 (2) allocate resources as needed to meet community
11496 needs; and
115- (3) enter into contracts with service providers,
116- including contracts for case management services.
117- Sec. 264.185. COMMUNITY ALLIANCE. (a) The department and
118- lead entity shall establish a community alliance or similar group
119- of stakeholders to provide a forum for community participation and
120- governance of community-based care under the pilot program. The
121- department and lead entity shall collaborate with:
122- (1) local families with lived experience in the child
97+ (3) enter into contracts with service providers.
98+ Sec. 264.185. COLLABORATIVE GOVERNANCE STRUCTURE. (a) The
99+ lead entity shall establish a collaborative governance structure to
100+ provide oversight and guidance for the provision of community-based
101+ care under the pilot program. The lead entity shall collaborate
102+ with:
103+ (1) the entity's leadership and staff;
104+ (2) local families with lived experience in the child
123105 welfare system;
124- (2) local representatives from sectors related to the
106+ (3) local representatives from sectors related to the
125107 child welfare system, including the judiciary, education, and
126108 health care; and
127- (3) other community stakeholders.
128- (b) The duties of the community alliance or similar group of
129- stakeholders described by Subsection (a) shall include:
130- (1) joint planning with the department and lead entity
131- regarding resource utilization in the community, including
132- resources appropriated to the department and any funds provided by
133- local funding sources for that purpose;
134- (2) conducting needs assessments and establishing of
135- community priorities for service delivery;
136- (3) determining community outcome goals to supplement
137- state-required outcomes;
138- (4) serving as a catalyst for community resource
139- development, including:
140- (A) identifying existing programs, services, and
141- assistance available from community- and faith-based
142- organizations;
143- (B) encouraging the development and increased
144- availability of programs, services, and assistance available from
145- community- and faith-based organizations; and
146- (C) informing the department and the lead entity
147- of programs, services, and assistance available from community- and
148- faith-based organizations and working to facilitate the lead
149- entity's use of the available resources;
150- (5) providing for community education and advocacy
151- regarding issues related to delivery of services; and
152- (6) promoting family preservation services.
153- Sec. 264.186. DEVELOPMENT OF FUNDING AND RESOURCES. (a)
154- The department shall seek input from the lead entity regarding the
155- feasibility of a capitated funding model for the provision of
156- services under the pilot program. If the department determines
157- that a capitated funding model is feasible, the department shall
158- develop a capitated funding model that provides a fixed rate of
159- funding per child receiving services under the pilot program.
160- (b) Regardless of whether the department implements a
161- capitated funding model under Subsection (a), the department
162- shall ensure that the funding model for the pilot program:
163- (1) accounts for the additional costs of providing
109+ (4) any other community stakeholders.
110+ (b) The lead entity shall collaborate with the entities
111+ described by Subsection (a) to:
112+ (1) develop program policies and procedures;
113+ (2) identify community needs and resources;
114+ (3) monitor program performance and outcomes; and
115+ (4) make recommendations for continuous program
116+ improvement.
117+ (c) The department may only provide advice to the lead
118+ agency in the implementation of the pilot program.
119+ Sec. 264.186. FUNDING AND RESOURCES. (a) The department
120+ shall work with the lead entity to develop a capitated funding model
121+ and budget that:
122+ (1) provides a fixed rate of funding per child
123+ receiving services under the pilot program;
124+ (2) accounts for the additional costs of providing
164125 services to geographically dispersed populations in rural areas,
165126 including:
166127 (A) increased transportation costs;
167128 (B) challenges in achieving economies of scale in
168129 the provision of services;
169130 (C) increased costs for recruiting and retaining
170131 qualified staff in rural areas; and
171132 (D) costs related to building and maintaining
172133 service provider networks in rural areas;
173- (2) includes financial risk-sharing mechanisms;
174- (3) incentivizes desired outcomes and cost savings;
175- (4) supports innovation;
176- (5) allows for the reinvestment of cost savings into
134+ (3) includes financial risk-sharing mechanisms;
135+ (4) incentivizes desired outcomes and cost savings;
136+ (5) supports innovation;
137+ (6) allows for the reinvestment of cost savings into
177138 the program; and
178- (6) allows the lead entity to flexibly allocate funds
139+ (7) allows the lead agency to flexibly allocate funds
179140 within the scope of applicable law.
180- (c) The department shall pursue leveraging various funding
181- sources, including state and federal funds, to implement and
182- sustain the pilot program.
183- Sec. 264.187. DATA MANAGEMENT AND INFORMATION SHARING. (a)
184- The department shall determine the feasibility of implementing an
185- integrated electronic case management system for community-based
186- care provided under the pilot program that:
141+ (b) The department shall explore and leverage various
142+ funding sources, including state and federal funds, to implement
143+ and sustain the pilot program.
144+ (c) The department may provide the lead entity with
145+ resources, including funds and personnel, to implement the pilot
146+ program.
147+ Sec. 264.187. INTEGRATED ELECTRONIC MANAGEMENT SYSTEM. (a)
148+ The department and the lead entity shall implement an integrated
149+ electronic management system for community-based care provided
150+ under the pilot program that:
187151 (1) allows for real-time case management;
188152 (2) facilitates coordination among service providers;
189153 and
190154 (3) supports outcome tracking and reporting.
191- (b) Regardless of whether the department implements an
192- integrated electronic case management system, the department
193- shall:
194- (1) provide to the lead entity technical support and
195- access to data as necessary to facilitate implementation of a data
196- management system for effective case management and service
197- coordination;
198- (2) ensure secure and efficient information sharing
199- with stakeholders; and
200- (3) support outcome tracking and reporting through
201- existing or modified systems.
202- (c) The department shall establish protocols related to any
203- data management and information-sharing systems used for the pilot
204- program to ensure:
155+ (b) The department shall provide to the lead entity
156+ technical support and access to data as necessary to facilitate
157+ effective implementation of the integrated electronic management
158+ system.
159+ (c) The department and lead entity shall establish
160+ protocols related to the integrated electronic management system to
161+ ensure:
205162 (1) privacy and security of data; and
206163 (2) the efficient sharing of information.
207- Sec. 264.188. WORKFORCE DEVELOPMENT. The department, in
208- collaboration with the lead entity, shall incorporate into the
209- pilot program a workforce development plan that includes:
164+ Sec. 264.188. WORKFORCE DEVELOPMENT. To support the
165+ implementation of the pilot program, the lead entity, in
166+ collaboration with the department and local educational
167+ institutions, shall develop and implement a workforce development
168+ plan that includes:
210169 (1) strategies that address rural workforce
211170 challenges, including strategies for recruiting and retaining
212171 child welfare professionals;
213172 (2) training programs aligned with best practices in
214173 child welfare; and
215174 (3) career advancement opportunities.
216- Sec. 264.189. WAIVERS. To implement the pilot program, the
217- lead entity may apply to the commissioner of the department for a
218- waiver from any department policy or procedure that governs the
219- provision of child welfare services. The commissioner shall adopt
220- a procedure for the application for a waiver described by this
221- section.
222- Sec. 264.190. CONFLICT RESOLUTION PROCESS. The department
223- and lead entity shall establish a formal process for resolving
224- conflicts or disputes that arise related to the pilot program.
225- Sec. 264.191. CHANGE ORDER PROCESS. (a) The department
226- shall request any change to the contracted scope of work of the lead
227- entity related to the pilot program in writing. The request must
228- include:
229- (1) a detailed explanation of the proposed change and
230- reasons for the proposed change; and
231- (2) a comprehensive cost analysis for implementing the
232- proposed change that includes:
233- (A) the source of funding for the proposed
234- change; or
235- (B) if funding sufficient to implement the change
236- is not available, an explanation of how existing requirements will
237- be modified for the cost of the proposed change to fit into the
238- existing budget.
239- (b) A change request under this section is subject to
240- negotiation between the lead entity and the department. The lead
241- entity may reject any proposed change that is not adequately funded
242- or substantially alters the provision of community-based care under
243- the contract executed between the department and the entity, unless
244- the change is required by federal or state law or court order or is
245- necessary to ensure child health or safety. In the event of a
246- dispute between the department and the entity regarding a proposed
247- change or the funding for the change, the department and lead entity
248- shall follow the conflict resolution process described by Section
249- 264.190.
250- (c) This section may not be construed to limit or restrict
251- the authority of the department to include necessary oversight
252- measures and review processes in a contract under this subchapter
253- to maintain compliance with federal and state requirements. The
254- department retains responsibility for the quality of contracted
255- services and programs and shall ensure that, at a minimum, services
256- are delivered in accordance with applicable state and federal law.
257- (d) A lead entity and its subcontractors must comply with
258- each applicable court order:
259- (1) issued in a suit regarding a child for whom the
260- lead entity or its subcontractors have assumed case management
261- responsibilities; or
262- (2) imposing a requirement on the department that
263- relates to contracted functions assumed by the lead entity or its
264- subcontractors.
265- Sec. 264.192. CONFIDENTIALITY. Subchapter C, Chapter 261,
266- of this code and Chapter 552, Government Code, apply to the records
267- of a lead entity or its subcontractors that relate to the provision
268- of community-based care under the pilot program in the same manner
269- as the records of the department.
270- Sec. 264.193. PRIVILEGED COMMUNICATION. The lead entity
271- and its employees, agents, and representatives are client's
272- representatives of the department for purposes of the
273- attorney-client privilege under Rule 503, Texas Rules of Evidence,
274- as that privilege applies to communications with a prosecuting
275- attorney or other attorney representing the department or that
276- attorney's representative in a proceeding under this subtitle.
277- Sec. 264.194. POST-IMPLEMENTATION INDEPENDENT EVALUATION.
278- (a) The department shall contract with an independent evaluator
279- with expertise in child welfare and the delivery of child welfare
280- services in rural areas to conduct a comprehensive evaluation of
281- the pilot program. The department shall consult with the lead
282- entity and the entities described by Section 264.185(a) when
283- selecting the independent evaluator.
175+ Sec. 264.189. INDEPENDENT EVALUATION. (a) The department
176+ shall contract with an independent evaluator with expertise in
177+ child welfare and the delivery of child welfare services in rural
178+ areas to conduct a comprehensive evaluation of the pilot program.
179+ The department shall consult with the lead entity and the entities
180+ described by Section 264.185(a) when selecting the independent
181+ evaluator.
284182 (b) The independent evaluator shall assess:
285183 (1) the outcomes for children and families receiving
286184 services under the program;
287185 (2) the cost-effectiveness of the program;
288186 (3) the effectiveness of the community-based care
289187 approach to providing child welfare services in rural areas;
290188 (4) community engagement and satisfaction with the
291189 program;
292190 (5) program implementation fidelity; and
293191 (6) any systemic changes made in provision of child
294192 welfare services in the region under the program.
295- (c) The department and the lead entity shall cooperate with
193+ (c) The department and the lead agency shall cooperate with
296194 the evaluation process and provide the independent evaluator all
297195 necessary data and information to conduct the evaluation required
298196 by this section.
299- (d) The department, lead entity, and entities described by
197+ (d) The department, lead agency, and entities described by
300198 Section 264.185(a) shall review the independent evaluator's
301199 findings under Subsection (b) and develop an action plan to address
302200 any areas for improvement identified by the independent evaluator.
303- Sec. 264.195. PROGRAM DEVELOPMENT REPORT. Not later than
304- January 1, 2027, the department shall submit a report to the
305- legislature regarding the pilot program model developed under this
306- subchapter. The department shall implement the pilot program only
307- if the pilot program is sufficiently funded.
308- Sec. 264.196. ANNUAL IMPLEMENTATION REPORT. Not later than
309- December 1, 2028, and annually thereafter, the department shall
310- submit a report to the legislature relating to the implementation
311- of the pilot program that includes:
201+ Sec. 264.190. WAIVERS. (a) The lead entity may apply to
202+ the commissioner of the department for a waiver from any statutory
203+ or regulatory requirement that governs the provision of child
204+ welfare services.
205+ (b) The waiver request must include an explanation of why
206+ the waiver is necessary to provide the entity with flexibility or
207+ implement innovations in the provision of community-based care
208+ under the pilot program.
209+ (c) The commissioner of the department shall grant a waiver
210+ request under this section if the commissioner determines that:
211+ (1) the waiver:
212+ (A) will not jeopardize the health, safety, or
213+ well-being of children and families receiving services under the
214+ program; and
215+ (B) is likely to improve outcomes for children
216+ and families receiving services under the program; and
217+ (2) the lead entity has a:
218+ (A) clear plan for implementing the change that
219+ requires the waiver; and
220+ (B) method for evaluating the effectiveness of
221+ the change being implemented under the waiver.
222+ (d) Not later than the 30th day after the date the
223+ commissioner of the department receives a waiver request, the
224+ commissioner shall make a determination on the waiver request. If
225+ the commissioner denies a waiver request, the commissioner shall
226+ provide to the lead entity a written explanation of the reason for
227+ the denial.
228+ Sec. 264.191. CONFLICT RESOLUTION PROCESS. (a) The
229+ department and lead entity shall establish a formal process for
230+ resolving conflicts or disputes that arise during the
231+ implementation of the pilot program. The process must prioritize
232+ collaborative problem solving and may include mediation if
233+ necessary.
234+ (b) If a conflict or dispute cannot be resolved through the
235+ process described by Subsection (a), the department or the lead
236+ entity may request a review by an independent panel of residents of
237+ the catchment area appointed by the governor.
238+ Sec. 264.192. CHANGE ORDER PROCESS. (a) Except as provided
239+ by this section, the department may not change any requirement or
240+ responsibility or the scope of work of the lead agency.
241+ (b) The department may request a change in writing by
242+ providing the lead agency with:
243+ (1) a detailed explanation of the proposed change and
244+ reasons for the proposed change; and
245+ (2) a comprehensive cost analysis for implementing the
246+ proposed change that includes:
247+ (A) the source of funding for the proposed
248+ change; or
249+ (B) if funding sufficient to implement the change
250+ is not available, an explanation of how existing requirements will
251+ be modified for the cost of the proposed change to fit into the
252+ existing budget.
253+ (c) A change request under this section is subject to
254+ negotiation between the lead entity and the department. The lead
255+ entity may reject any proposed change that is not adequately funded
256+ or substantially alters the provision of community-based care under
257+ the contract executed between the department and the entity. In the
258+ event of a dispute between the department and the entity regarding a
259+ proposed change or the funding for the change, the department and
260+ lead entity shall follow the conflict resolution process described
261+ by Section 264.191.
262+ (d) An agreed-upon change order must be documented in a
263+ written amendment to the contract between the department and the
264+ entity and executed by both parties.
265+ Sec. 264.193. ANNUAL REPORT. The department shall submit
266+ an annual report to the legislature that includes:
312267 (1) the findings of the independent evaluator under
313- Section 264.194, if applicable, including any recommendations from
314- the independent evaluator for improving and expanding the pilot
268+ Section 264.189, including any recommendations from the
269+ independent evaluator for improving and expanding the pilot
315270 program;
316271 (2) information about each denied waiver under Section
317- 264.189, including the reason for denial; and
272+ 264.190, including the reason for denial; and
318273 (3) a detailed account of each agreed-upon change
319- order under Section 264.191 that includes an explanation of:
274+ order under Section 264.192 that includes an explanation of:
320275 (A) the change and the reason for the change; and
321276 (B) the cost of funding the change and how the
322277 cost was addressed.
323- Sec. 264.197. RULEMAKING. The department may adopt rules
278+ Sec. 264.194. RULEMAKING. The department may adopt rules
324279 necessary to implement this subchapter.
325- Sec. 264.198. PROGRAM REVIEW; EXPIRATION. (a) Not later
326- than September 1, 2031, the legislature shall review the outcomes
327- and effectiveness of the pilot program to determine whether to
328- extend, modify, or conclude the program.
329- (b) This subchapter expires September 1, 2031.
280+ Sec. 264.195. PROGRAM REVIEW; EXPIRATION. (a) Not later
281+ than January 1, 2029, the legislature shall review the outcomes and
282+ effectiveness of the pilot program to determine whether to extend,
283+ modify, or conclude the program.
284+ (b) This subchapter expires September 1, 2029.
330285 SECTION 2. This Act takes effect September 1, 2025.