87R5657 MCF-F
  By: Landgraf H.B. No. 1134
  relating to the home-delivered meal program.
         SECTION 1.  Section 12.042, Agriculture Code, is amended by
  adding Subsection (m) to read as follows:
         (m)  Notwithstanding Subsections (c) and (d) or any other
  provision of this chapter, the department shall allow a
  governmental agency, nonprofit private organization, or for-profit
  private organization to apply to the department for a grant under
  this section if the agency or organization contracts with an area
  agency on aging to deliver meals.
         SECTION 2.  Subtitle C, Title 2, Health and Safety Code, is
  amended by adding Chapter 65 to read as follows:
         Sec. 65.0001.  DEFINITIONS. In this chapter:
               (1)  "Area agency on aging" means:
                     (A)  an area agency on aging designated under 42
  U.S.C. Section 3025(a)(2)(A); or
                     (B)  a state agency performing the functions of an
  area agency on aging under 42 U.S.C. Section 3025(b)(5).
               (2)  "Client" means an individual who is elderly or has
  a disability and who receives a meal under the program.
               (3)  "Program" means the home-delivered meal program
  under this chapter.
               (4)  "Provider" means a meal provider who contracts
  with the commission or an area agency on aging to provide and
  deliver home-delivered meals under the program.
         Sec. 65.0002.  APPLICABILITY.  This chapter does not apply
  to home-delivered meals provided through the Medicaid managed care
  program under Chapter 533, Government Code.
         Sec. 65.0003.  PROGRAM MODERNIZATION. (a) The commission
  shall maintain and revise as necessary operating guidelines for a
  home-delivered meal program to effectively and efficiently provide
  meal deliveries to individuals who are elderly or have a
         (b)  The commission may contract with a meal provider to
  provide home-delivered meals under the program. 
         (c)  In awarding a contract to a provider, the commission or
  area agency on aging shall:
               (1)  prioritize providers who:
                     (A)  conduct a face-to-face client visit; 
                     (B)  deliver hot meals for the program; and
                     (C)  comply with reporting requirements for the
  nutrition services incentive program established under 42 U.S.C.
  Section 3030a;
               (2)  give extra consideration to providers capable of
  delivering meals to clients in both rural and urban areas;
               (3)  give extra consideration to providers with the
  capacity to deliver meals to eligible individuals who are currently
  on an interest or other waiting list for services under the program;
               (4)  consider the individual dietary needs of clients
  through condition-specific menus; and
               (5)  negotiate enhanced meal rates to ensure program
         Sec. 65.0004.  MEAL REQUIREMENTS. A provider may use
  frozen, chilled, or shelf-stable meals if:
               (1)  the provider and the client are capable of
  providing sanitary and safe conditions for storage, thawing, and
  preparation of the meal; and
               (2)  the client, or another available person for the
  client, is capable of safely handling the meal. 
         Sec. 65.0005.  PACKAGING REQUIREMENTS. (a) A provider
  shall use supplies and meal transport carriers that allow hot,
  frozen, chilled, and shelf-stable meals to be packaged and stored
         (b)  For hot, frozen, chilled, or shelf-stable meals that are
  easily damaged, a provider must use an enclosed meal transport
  carrier and trays or other containers necessary to protect the
  meals from contamination, crushing, or spillage during transport.
         (c)  A provider shall equip a meal transport carrier with
  insulation or supplemental hot or cold sources as necessary to
  maintain safe temperatures for meals during transport.
         (d)  A provider shall use meal packaging that:
               (1)  is sealed to prevent moisture loss or spillage;
               (2)  allows preservation of the meal at a safe
  temperature during transport;
               (3)  includes compartments for separating food items to
  increase visual appeal and minimize spillage; and
               (4)  allows easy access by clients.
         (e)  A provider shall maintain the food temperature of meals
  prepared and packaged for delivery in accordance with commission
  rules and area agency on aging requirements for home-delivered
         Sec. 65.0006.  DELIVERY REQUIREMENTS. (a) A provider shall
  deliver meals:
               (1)  at a commercially reasonable time; and
               (2)  on a date on which the provider and client mutually
         (b)  A provider in accordance with the commission or area
  agency on aging contract shall provide and deliver meals to each
  client daily, weekly, or every other week, dependent on the
  acceptable shelf life of the meal. The provider shall document
  whether each meal is delivered or undelivered.  A client's
  statement that the client failed to receive a meal delivery
  constitutes documentation that the meal was not delivered.
         (c)  If a client is not present to accept delivery of a meal,
  a provider may leave the meal only if the provider ensures the meal
  is maintained at a safe temperature.
         (d)  For each undelivered meal, a provider shall document the
  meal as undelivered and the reason the provider was unable to
  deliver the meal.  A provider shall maintain documentation of
  undelivered meals in accordance with the contract.
         (e)  If a provider violates this section, the commission or
  area agency on aging may consider the provider in breach of the
         Sec. 65.0007.  CASE MANAGER NOTIFICATION. A provider who
  has not had contact with the client or the client's responsible
  party within the time agreed by contract shall notify in writing the
  client's case manager, if applicable, of the provider's concerns
  regarding the lack of contact.
         SECTION 3.  (a)  In this section:
               (1)  "Area agency on aging," "client," and "program"
  have the meanings assigned by Section 65.0001, Health and Safety
  Code, as added by this Act.
               (2)  "Commission" means the Health and Human Services
         (b)  The commission shall conduct a study examining the
  interest or other waiting lists of individuals seeking
  home-delivered meals maintained by the commission and each area
  agency on aging in the program.
         (c)  In conducting the study under this section, the
  commission shall identify additional strategies the commission
  could employ to provide home-delivered meal services to additional
  clients and eliminate the interest or other waiting lists,
  including strategies employed by other states and strategies
  through which the program could receive additional funding.
         (d)  Not later than December 1, 2022, the commission shall
  submit to the legislature a written report containing the findings
  of the study conducted under this section and the commission's
  legislative recommendations.
         SECTION 4.  The executive commissioner of the Health and
  Human Services Commission shall adopt rules necessary to implement
  Chapter 65, Health and Safety Code, as added by this Act, and
  modernize the home-delivered meal program under that chapter.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.