Texas 2025 - 89th Regular

Texas Senate Bill SB513 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	By: Sparks, et al. S.B. No. 513
2		-
3		-
	1	+	By: Sparks, Blanco, Perry S.B. No. 513
	2	+	(In the Senate - Filed November 26, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on Health & Human
	4	+	Services; March 24, 2025, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	March 24, 2025, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 513 By: Perry
4	9
5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to a rural community-based care pilot program.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. Chapter 264, Family Code, is amended by adding
11	16		Subchapter B-2 to read as follows:
12	17		SUBCHAPTER B-2. RURAL COMMUNITY-BASED CARE PILOT PROGRAM
13	18		Sec. 264.181. DEFINITIONS. In this subchapter:
14	19		(1) "Catchment area" has the meaning assigned by
15	20		Section 264.152.
16	21		(2) "Community-based care" means the provision of
17	22		child welfare services in accordance with state and federal child
18	23		welfare goals by a community-based nonprofit or local governmental
19	24		entity under the pilot program.
20	25		(3) "Eligible rural region" means a catchment area for
21	26		which the department requested but did not receive bids, proposals,
22	27		or other applicable expressions of interest to implement
23	28		community-based care under Subchapter B-1 in which at least
24	29		two-thirds of the counties comprising the area have a population of
25	30		50,000 or less.
26	31		(4) "Pilot program" means a rural community-based care
27	32		pilot program implemented under this subchapter.
28	33		Sec. 264.182. IMPLEMENTATION OF PILOT PROGRAM. The
29	34		department, in partnership with a lead entity selected under
30	35		Section 264.183, shall develop and implement a rural
31	36		community-based care pilot program in an eligible rural region to:
32	37		(1) implement a community-based model of child welfare
33	38		services and increase community engagement in the child welfare
34	39		system;
35	40		(2) improve outcomes for children and families by
36	41		expanding the availability of child welfare services and promoting
37	42		innovation in the delivery of child welfare services to children
38	43		and families; and
39	44		(3) develop a sustainable, replicable model for the
40	45		provision of child welfare services in rural areas.
41	46		Sec. 264.183. QUALIFICATIONS OF LEAD ENTITY; SELECTION;
42	47		PROCUREMENT. (a) To enter into a contract with the department to
43	48		serve as a lead entity to provide services under this subchapter, an
44	49		entity must be:
45	50		(1) a nonprofit entity that has a board of directors
46	51		composed entirely of residents of the catchment area; or
47	52		(2) a local government entity.
48	53		(b) In selecting a lead entity, the department shall
49	54		consider whether a prospective contractor has:
50	55		(1) strong community support and partnerships;
51	56		(2) demonstrated experience leading collaborative
52	57		initiatives in the region; and
53	58		(3) the capacity to coordinate with local community
54	59		organizations to serve children and families.
55	60		(c) The department shall request local stakeholders in an
56	61		eligible rural region to provide any necessary information about
57	62		the region that will assist the department in:
58	63		(1) preparing the department's request for bids,
59	64		proposals, or other applicable expressions of interest to provide
60	65		community-based care in the eligible rural region; and
61	66		(2) selecting a lead entity to provide community-based
62	67		care in the eligible rural region.
63	68		(d) The department's request for bids, proposals, or other
64	69		applicable expressions of interest to provide community-based care
65	70		in the eligible rural region may include, in a single request,
66	71		services to develop the pilot program model and implement the pilot
67	72		program.
68	73		(e) Notwithstanding any other law and to address the unique
69	74		challenges of providing community-based care to rural areas of this
70	75		state in an efficient manner the department may:
71	76		(1) procure, as a single procurement, services to
72	77		develop a pilot program model under Section 264.184(a) and
73	78		implement the pilot program under Section 264.184(b); and
74	79		(2) separately procure the services of the independent
75	80		evaluator under Section 264.194.
76	81		Sec. 264.184. PILOT PROGRAM MODEL AND IMPLEMENTATION
77	82		SCHEDULE; AUTHORITY. (a) The department, in partnership with the
78	83		lead entity, shall develop a pilot program model that includes a
79	84		timeline, with identified funding, for implementing
80	85		community-based care in the eligible rural region and that
81	86		addresses:
82	87		(1) the following services for families and children:
83	88		(A) family-based services to ensure child safety
84	89		and prevent entry into foster care;
85	90		(B) family preservation services, as defined by
86	91		Section 262.401;
87	92		(C) case management;
88	93		(D) foster care and kinship care services;
89	94		(E) adoption and post-adoption services;
90	95		(F) transition services for youth aging out of
91	96		foster care; and
92	97		(G) any additional services necessary to meet the
93	98		needs of children and families in the region;
94	99		(2) the development of and coordination with a diverse
95	100		network of service providers, including faith-based organizations,
96	101		local mental health authorities, and others to ensure comprehensive
97	102		service delivery;
98	103		(3) the development and implementation of innovative
99	104		approaches to improve outcomes for children and families;
100	105		(4) any identified geographic disparities in service
101	106		availability and access in the region's child welfare system;
102	107		(5) the creation and oversight of a quality assurance
103	108		system; and
104	109		(6) the implementation of a system to manage financial
105	110		risks and resources, including state and federal funds.
106	111		(b) To implement the pilot program model developed under
107	112		Subsection (a), a lead entity may:
108	113		(1) develop and implement policies and procedures
109	114		regarding the provision of community-based care within the scope of
110	115		applicable law and consistent with department policies and
111	116		procedures, unless waived under Section 264.189;
112	117		(2) allocate resources as needed to meet community
113	118		needs; and
114	119		(3) enter into contracts with service providers,
115	120		including contracts for case management services.
116	121		Sec. 264.185. COMMUNITY ALLIANCE. (a) The department and
117	122		lead entity shall establish a community alliance or similar group
118	123		of stakeholders to provide a forum for community participation and
119	124		governance of community-based care under the pilot program. The
120	125		department and lead entity shall collaborate with:
121	126		(1) local families with lived experience in the child
122	127		welfare system;
123	128		(2) local representatives from sectors related to the
124	129		child welfare system, including the judiciary, education, and
125	130		health care; and
126	131		(3) other community stakeholders.
127	132		(b) The duties of the community alliance or similar group of
128	133		stakeholders described by Subsection (a) shall include:
129	134		(1) joint planning with the department and lead entity
130	135		regarding resource utilization in the community, including
131	136		resources appropriated to the department and any funds provided by
132	137		local funding sources for that purpose;
133	138		(2) conducting needs assessments and establishing of
134	139		community priorities for service delivery;
135	140		(3) determining community outcome goals to supplement
136	141		state-required outcomes;
137	142		(4) serving as a catalyst for community resource
138	143		development, including:
139	144		(A) identifying existing programs, services, and
140	145		assistance available from community- and faith-based
141	146		organizations;
142	147		(B) encouraging the development and increased
143	148		availability of programs, services, and assistance available from
144	149		community- and faith-based organizations; and
145	150		(C) informing the department and the lead entity
146	151		of programs, services, and assistance available from community- and
147	152		faith-based organizations and working to facilitate the lead
148	153		entity's use of the available resources;
149	154		(5) providing for community education and advocacy
150	155		regarding issues related to delivery of services; and
151	156		(6) promoting family preservation services.
152	157		Sec. 264.186. DEVELOPMENT OF FUNDING AND RESOURCES. (a)
153	158		The department shall seek input from the lead entity regarding the
154	159		feasibility of a capitated funding model for the provision of
155	160		services under the pilot program. If the department determines
156	161		that a capitated funding model is feasible, the department shall
157	162		develop a capitated funding model that provides a fixed rate of
158	163		funding per child receiving services under the pilot program.
159	164		(b) Regardless of whether the department implements a
160	165		capitated funding model under Subsection (a), the department
161	166		shall ensure that the funding model for the pilot program:
162	167		(1) accounts for the additional costs of providing
163	168		services to geographically dispersed populations in rural areas,
164	169		including:
165	170		(A) increased transportation costs;
166	171		(B) challenges in achieving economies of scale in
167	172		the provision of services;
168	173		(C) increased costs for recruiting and retaining
169	174		qualified staff in rural areas; and
170	175		(D) costs related to building and maintaining
171	176		service provider networks in rural areas;
172	177		(2) includes financial risk-sharing mechanisms;
173	178		(3) incentivizes desired outcomes and cost savings;
174	179		(4) supports innovation;
175	180		(5) allows for the reinvestment of cost savings into
176	181		the program; and
177	182		(6) allows the lead entity to flexibly allocate funds
178	183		within the scope of applicable law.
179	184		(c) The department shall pursue leveraging various funding
180	185		sources, including state and federal funds, to implement and
181	186		sustain the pilot program.
182	187		Sec. 264.187. DATA MANAGEMENT AND INFORMATION SHARING. (a)
183	188		The department shall determine the feasibility of implementing an
184	189		integrated electronic case management system for community-based
185	190		care provided under the pilot program that:
186	191		(1) allows for real-time case management;
187	192		(2) facilitates coordination among service providers;
188	193		and
189	194		(3) supports outcome tracking and reporting.
190	195		(b) Regardless of whether the department implements an
191	196		integrated electronic case management system, the department
192	197		shall:
193	198		(1) provide to the lead entity technical support and
194	199		access to data as necessary to facilitate implementation of a data
195	200		management system for effective case management and service
196	201		coordination;
197	202		(2) ensure secure and efficient information sharing
198	203		with stakeholders; and
199	204		(3) support outcome tracking and reporting through
200	205		existing or modified systems.
201	206		(c) The department shall establish protocols related to any
202	207		data management and information-sharing systems used for the pilot
203	208		program to ensure:
204	209		(1) privacy and security of data; and
205	210		(2) the efficient sharing of information.
206	211		Sec. 264.188. WORKFORCE DEVELOPMENT. The department, in
207	212		collaboration with the lead entity, shall incorporate into the
208	213		pilot program a workforce development plan that includes:
209	214		(1) strategies that address rural workforce
210	215		challenges, including strategies for recruiting and retaining
211	216		child welfare professionals;
212	217		(2) training programs aligned with best practices in
213	218		child welfare; and
214	219		(3) career advancement opportunities.
215	220		Sec. 264.189. WAIVERS. To implement the pilot program, the
216	221		lead entity may apply to the commissioner of the department for a
217	222		waiver from any department policy or procedure that governs the
218	223		provision of child welfare services. The commissioner shall adopt
219	224		a procedure for the application for a waiver described by this
220	225		section.
221	226		Sec. 264.190. CONFLICT RESOLUTION PROCESS. The department
222	227		and lead entity shall establish a formal process for resolving
223	228		conflicts or disputes that arise related to the pilot program.
224	229		Sec. 264.191. CHANGE ORDER PROCESS. (a) The department
225	230		shall request any change to the contracted scope of work of the lead
226	231		entity related to the pilot program in writing. The request must
227	232		include:
228	233		(1) a detailed explanation of the proposed change and
229	234		reasons for the proposed change; and
230	235		(2) a comprehensive cost analysis for implementing the
231	236		proposed change that includes:
232	237		(A) the source of funding for the proposed
233	238		change; or
234	239		(B) if funding sufficient to implement the change
235	240		is not available, an explanation of how existing requirements will
236	241		be modified for the cost of the proposed change to fit into the
237	242		existing budget.
238	243		(b) A change request under this section is subject to
239	244		negotiation between the lead entity and the department. The lead
240	245		entity may reject any proposed change that is not adequately funded
241	246		or substantially alters the provision of community-based care under
242	247		the contract executed between the department and the entity, unless
243	248		the change is required by federal or state law or court order or is
244	249		necessary to ensure child health or safety. In the event of a
245	250		dispute between the department and the entity regarding a proposed
246	251		change or the funding for the change, the department and lead entity
247	252		shall follow the conflict resolution process described by Section
248	253		264.190.
249	254		(c) This section may not be construed to limit or restrict
250	255		the authority of the department to include necessary oversight
251	256		measures and review processes in a contract under this subchapter
252	257		to maintain compliance with federal and state requirements. The
253	258		department retains responsibility for the quality of contracted
254	259		services and programs and shall ensure that, at a minimum, services
255	260		are delivered in accordance with applicable state and federal law.
256	261		(d) A lead entity and its subcontractors must comply with
257	262		each applicable court order:
258	263		(1) issued in a suit regarding a child for whom the
259	264		lead entity or its subcontractors have assumed case management
260	265		responsibilities; or
261	266		(2) imposing a requirement on the department that
262	267		relates to contracted functions assumed by the lead entity or its
263	268		subcontractors.
264	269		Sec. 264.192. CONFIDENTIALITY. Subchapter C, Chapter 261,
265	270		of this code and Chapter 552, Government Code, apply to the records
266	271		of a lead entity or its subcontractors that relate to the provision
267	272		of community-based care under the pilot program in the same manner
268	273		as the records of the department.
269	274		Sec. 264.193. PRIVILEGED COMMUNICATION. The lead entity
270	275		and its employees, agents, and representatives are client's
271	276		representatives of the department for purposes of the
272	277		attorney-client privilege under Rule 503, Texas Rules of Evidence,
273	278		as that privilege applies to communications with a prosecuting
274	279		attorney or other attorney representing the department or that
275	280		attorney's representative in a proceeding under this subtitle.
276	281		Sec. 264.194. POST-IMPLEMENTATION INDEPENDENT EVALUATION.
277	282		(a) The department shall contract with an independent evaluator
278	283		with expertise in child welfare and the delivery of child welfare
279	284		services in rural areas to conduct a comprehensive evaluation of
280	285		the pilot program. The department shall consult with the lead
281	286		entity and the entities described by Section 264.185(a) when
282	287		selecting the independent evaluator.
283	288		(b) The independent evaluator shall assess:
284	289		(1) the outcomes for children and families receiving
285	290		services under the program;
286	291		(2) the cost-effectiveness of the program;
287	292		(3) the effectiveness of the community-based care
288	293		approach to providing child welfare services in rural areas;
289	294		(4) community engagement and satisfaction with the
290	295		program;
291	296		(5) program implementation fidelity; and
292	297		(6) any systemic changes made in provision of child
293	298		welfare services in the region under the program.
294	299		(c) The department and the lead entity shall cooperate with
295	300		the evaluation process and provide the independent evaluator all
296	301		necessary data and information to conduct the evaluation required
297	302		by this section.
298	303		(d) The department, lead entity, and entities described by
299	304		Section 264.185(a) shall review the independent evaluator's
300	305		findings under Subsection (b) and develop an action plan to address
301	306		any areas for improvement identified by the independent evaluator.
302	307		Sec. 264.195. PROGRAM DEVELOPMENT REPORT. Not later than
303	308		January 1, 2027, the department shall submit a report to the
304	309		legislature regarding the pilot program model developed under this
305	310		subchapter. The department shall implement the pilot program only
306	311		if the pilot program is sufficiently funded.
307	312		Sec. 264.196. ANNUAL IMPLEMENTATION REPORT. Not later than
308	313		December 1, 2028, and annually thereafter, the department shall
309	314		submit a report to the legislature relating to the implementation
310	315		of the pilot program that includes:
311	316		(1) the findings of the independent evaluator under
312	317		Section 264.194, if applicable, including any recommendations from
313	318		the independent evaluator for improving and expanding the pilot
314	319		program;
315	320		(2) information about each denied waiver under Section
316	321		264.189, including the reason for denial; and
317	322		(3) a detailed account of each agreed-upon change
318	323		order under Section 264.191 that includes an explanation of:
319	324		(A) the change and the reason for the change; and
320	325		(B) the cost of funding the change and how the
321	326		cost was addressed.
322	327		Sec. 264.197. RULEMAKING. The department may adopt rules
323	328		necessary to implement this subchapter.
324	329		Sec. 264.198. PROGRAM REVIEW; EXPIRATION. (a) Not later
325	330		than September 1, 2031, the legislature shall review the outcomes
326	331		and effectiveness of the pilot program to determine whether to
327	332		extend, modify, or conclude the program.
328	333		(b) This subchapter expires September 1, 2031.
329	334		SECTION 2. This Act takes effect September 1, 2025.
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