Bill Text: TX HB3236 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the establishment of the home-delivered meal pilot program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [HB3236 Detail]
Download: Texas-2019-HB3236-Introduced.html
| 86R11568 SCL-F | ||
| By: Landgraf | H.B. No. 3236 | |
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| relating to the establishment of the home-delivered meal pilot | ||
| program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 2, Health and Safety Code, is | ||
| amended by adding Chapter 65 to read as follows: | ||
| CHAPTER 65. HOME-DELIVERED MEAL PILOT PROGRAM | ||
| Sec. 65.0001. DEFINITIONS. In this chapter: | ||
| (1) "Client" means an individual who is elderly or has | ||
| a disability and who receives a meal under the program. | ||
| (2) "Program" means the home-delivered meal pilot | ||
| program established under this chapter. | ||
| (3) "Provider" means a meal provider who contracts | ||
| with the commission to provide and deliver home-delivered meals | ||
| under the program. | ||
| Sec. 65.0002. ESTABLISHMENT. (a) The commission shall | ||
| establish and operate in one or more underserved geographic areas | ||
| of this state the home-delivered meal pilot program to provide meal | ||
| deliveries to individuals who are elderly or have a disability. | ||
| (b) The commission may contract with a meal provider to | ||
| provide home-delivered meals under the program. | ||
| Sec. 65.0003. MEAL REQUIREMENTS. (a) A provider may use a | ||
| hot, frozen, chilled, or shelf-stable meal for the program. | ||
| (b) The provider shall ensure a meal allows a client to | ||
| sanitarily and safely handle, store, thaw, and prepare the meal. | ||
| Sec. 65.0004. 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 | ||
| separately. | ||
| (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 the meal to be maintained at a safe | ||
| temperature during transport; | ||
| (3) includes compartments for separating food items in | ||
| the meal 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: | ||
| (1) below 41 degrees Fahrenheit for cold food items; | ||
| (2) above 140 degrees Fahrenheit for hot food items; | ||
| (3) at or below 20 degrees Fahrenheit for frozen food | ||
| items; and | ||
| (4) in accordance with packaging guidelines for | ||
| shelf-stable food items. | ||
| Sec. 65.0005. DELIVERY REQUIREMENTS. (a) A provider shall | ||
| prepare and package meals in a manner that allows delivery at a | ||
| reasonable time during the day. | ||
| (b) A provider shall provide and deliver meals to each | ||
| client in accordance with the commission contract. The provider | ||
| shall, on a form prescribed by the commission, note whether each | ||
| meal is delivered or undelivered. | ||
| (c) If a client is not present to accept delivery of a meal, | ||
| a provider may not leave the meal unless the provider ensures that | ||
| on the client's acceptance, the meal is within the proper | ||
| temperature requirements described by Section 65.0004(e). | ||
| (d) A provider shall comply with commission policy for | ||
| undelivered meals. For each undelivered meal, the provider must | ||
| state, on a form prescribed by the commission, the reason the meal | ||
| was not delivered. | ||
| (e) If a provider violates this section, the commission may | ||
| consider the provider in breach of the commission contract. | ||
| Sec. 65.0006. CASE MANAGER NOTIFICATION. (a) If a client | ||
| who receives meals from a provider under the program has a case | ||
| manager, and a reasonable time has passed in which the provider has | ||
| not had contact with the client or the client's responsible party, | ||
| the provider shall notify the case manager orally or by e-mail or | ||
| fax of the provider's concerns regarding the lack of contact. | ||
| (b) A provider who orally provides the notification | ||
| required under Subsection (a) shall also provide written notice to | ||
| the case manager not later than the fifth business day after the | ||
| date the provider provides the oral notification. | ||
| Sec. 65.0007. REPORT. The commission shall submit a | ||
| written report to the legislature on the results of the program not | ||
| later than December 1, 2020. | ||
| Sec. 65.0008. EXPIRATION. The program and this chapter | ||
| expire September 1, 2021. | ||
| SECTION 2. The Health and Human Services Commission shall | ||
| establish the home-delivered meal pilot program under Chapter 65, | ||
| Health and Safety Code, as added by this Act, not later than March | ||
| 1, 2020. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
