Bill Text: TX SB1766 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the criteria and requirements for the closure, consolidation, or consolidation plan of state supported living centers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Health & Human Services [SB1766 Detail]
Download: Texas-2013-SB1766-Introduced.html
| By: Rodriguez | S.B. No. 1766 | |
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| relating to the criteria and requirements for the closure, | ||
| consolidation, or consolidation plan of state supported living | ||
| centers. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 533.083, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 533.083. CRITERIA FOR CREATION, CLOSURE, OR | ||
| CONSOLIDATION OF FACILITY. (a) The department shall establish | ||
| objective criteria for determining when a new, expanded or enhanced | ||
| program, service or facility may be needed and when a facility may | ||
| be closed or consolidated, and shall have authority to create, | ||
| close or consolidate such programs, services or facilities | ||
| accordingly. | ||
| (b) The executive commissioner by rule shall prescribe the | ||
| procedure the department must use in determining when a state | ||
| supported living center may be closed or consolidated with another | ||
| state supported living center. The rules shall require the | ||
| department to use a formula-based approach based on a state | ||
| supported living center's: | ||
| (1) changes in population; | ||
| (2) operating costs; | ||
| (3) costs per resident; and | ||
| (4) compliance with federal law. | ||
| (c) State supported living centers shall at all times be in | ||
| substantial compliance with the United States Department of Justice | ||
| Settlement Agreement Provisions. | ||
| (d) If the department determines that a state supported | ||
| living center must be closed or consolidated, the department shall | ||
| develop: | ||
| (1) a reasonable proposed timetable for actions | ||
| necessary to close or consolidate the center; and | ||
| (2) a strategy to minimize the adverse effects of | ||
| closure on the local community and the employees and residents of | ||
| the center, including job placement assistance. | ||
| SECTION 2. Subchapter D, Chapter 533, Health and Safety | ||
| Code, is amended by adding Section 533.0831 to read as follows: | ||
| Sec. 533.0831. CONSOLIDATION PLAN FOR STATE SUPPORTED | ||
| LIVING CENTERS. (a) Upon the closure of the seventh of the existing | ||
| thirteen state supported living centers, the department shall | ||
| establish a plan for the consolidation of the remaining centers. | ||
| The plan shall factor in: | ||
| (1) the remaining number of residents; | ||
| (2) projected future census; | ||
| (3) projected maintenance and operating budgets of the | ||
| remaining centers. | ||
| (b) The plan shall include a study to determine the most | ||
| appropriate, safe, and cost-effective facilities for remaining | ||
| residents. Consolidation of remaining facilities shall include | ||
| independent community living options information process, | ||
| independent relocation services, and independent ombudsman | ||
| services in all facilities. | ||
| (c) If the study determines that, as part of continuing | ||
| closure and consolidation expanded programs, enhanced services, a | ||
| community residence serving no more than four individuals or a | ||
| facility serving no more than six individuals is necessary, the | ||
| department shall expand, enhance, or establish new community-based | ||
| programs, services or facilities by entering into the following | ||
| contracts: | ||
| (1) one contract with the owner of the new and | ||
| accredited facility; | ||
| (2) one or more contracts with accredited and | ||
| qualified service providers to provide the health services that are | ||
| required by state law in a community-based program or facility; and | ||
| (3) one contract with an outside entity to perform | ||
| licensing, certification, accreditation, clinical and ethical | ||
| reviews of the required contracted services described by Subsection | ||
| (a)(2) and the new facility. | ||
| (d) An entity contracted under Subsection (a)(3) must | ||
| report to the appropriate agency or authority regarding the reviews | ||
| conducted by the entity. | ||
| SECTION 3. As soon as practicable after the effective date | ||
| of this Act, the executive commissioner of the Health and Human | ||
| Services Commission shall adopt rules required by Section | ||
| 533.083(b), Health and Safety Code, as added by this Act. | ||
| SECTION 4. This Act takes effect September 1, 2013. | ||
