Bill Text: TX SB1817 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the Children's Policy Council, including the transfer of the duties and activities of the consortium that oversees the Texas Integrated Funding Initiative to the Children's Policy Council.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-03-24 - Referred to Health & Human Services [SB1817 Detail]

Download: Texas-2011-SB1817-Introduced.html

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82R9789 EES-F
By: Zaffirini S.B. No. 1817

A BILL TO BE ENTITLED
AN ACT
relating to the Children's Policy Council, including the transfer
of the duties and activities of the consortium that oversees the
Texas Integrated Funding Initiative to the Children's Policy
Council.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 22.035(a) through (g) and (i) through
(l), Human Resources Code, are amended to read as follows:
(a) A work group to be known as the Children's Policy
Council shall assist the Department of Aging and Disability
Services [department], the Health and Human Services Commission
[commissioner of health and human services], the [Texas] Department
of State Health Services, the [Texas] Department of Assistive and
Rehabilitative Services [Mental Health and Mental Retardation],
and the Department of Family and Protective [and Regulatory]
Services in developing, implementing, and administering family
support policies for children with disabilities relating to:
(1) [and related] long-term services and supports;
(2) health services; and
(3) mental [care and] health services [programs for
children].
(b) The executive commissioner of the Health and Human
Services Commission [health and human services] shall appoint the
members of the work group, which must include the following:
(1) an individual [a person] who is younger than 25
[22] years of age and who receives [is a consumer of] long-term
services and supports or [care and] health services [programs] for
children with disabilities;
(2) an individual who is younger than 25 years of age
and who receives or has received mental health services;
(3) relatives of children with disabilities who:
(A) receive [consumers of] long-term services
and supports;
(B) receive health services for children with
disabilities; or
(C) receive or have received mental health
services [care and health programs for children];
(4) [(3)] a representative from an organization that
is an advocate for children who receive [consumers of] long-term
services and supports or [care and] health services [programs] for
children with disabilities;
[(4) a representative from a state agency that
provides long-term care and health programs for children;]
(5) a representative from an organization that is an
advocate for children who need mental health services;
(6) an individual [a person] from a private entity
that provides long-term services and supports or [care and] health
services [programs] for children with disabilities;
(7) an individual from a private entity that provides
mental health services for children;
(8) an individual [(6) a person] from a public entity
that provides long-term services and supports or [care and] health
services [programs] for children with disabilities;
(9) an individual from a public entity that provides
mental health services for children;
(10) an individual [(7) a person] with expertise in
the availability of funding and the application of funding formulas
for children's long-term services and support, [care and] health
services for children with disabilities, or mental health services;
(11) an individual representing an organization that
assists families with transitioning children with disabilities
from institutions to families;
(12) [(8)] a representative from a faith-based
organization;
(13) [(9)] a representative from a nonspecialized
community services organization; and
(14) [(10)] a representative from a business that is
not related to providing services to persons with disabilities.
(c) A majority of the members of the work group must be
composed of the individuals described by Subsections (b)(1) and (2)
and the relatives of children with disabilities described by
Subsection (b)(3) [consumers of long-term care and health programs
for children].
(d) An individual [A person] may not be appointed as a
relative of a child with disabilities under Subsection (b)(3)
[consumer of long-term care and health programs for children] if
the individual [person]:
(1) is an employee of a state agency that provides
long-term services and supports, [care or] health services for
children with disabilities, or mental health services for children;
or
(2) contracts with a state agency described by
Subdivision (1) to provide long-term services and supports, [care
or] health services for children with disabilities, or mental
health services.
(e) The Health and Human Services Commission [department
and the Texas Department of Health] shall [equally] provide
administrative support, including staff, to the work group.
(f) A member of the work group serves at the will of the
executive commissioner of the Health and Human Services Commission
[health and human services].
(g) The executive commissioner of the Health and Human
Services Commission [health and human services] shall appoint a
member of the work group to serve as a presiding officer. The
presiding officer must be an individual appointed as a relative of a
child with disabilities under Subsection (b)(3).
(i) A member of the work group receives no additional
compensation for serving on the work group. Individuals described
by Subsections (b)(1) and (2) [Consumers] and relatives of children
with disabilities described by Subsection (b)(3) [consumers]
serving on the work group shall be reimbursed for travel and other
expenses necessary for participation as provided in the General
Appropriations Act. Other members of the work group may not be
reimbursed for travel or other expenses incurred while conducting
the business of the work group. Reimbursement under this
subsection shall be paid equally out of funds appropriated to the
Department of Aging and Disability Services [department] and funds
appropriated to the [Texas] Department of State Health Services.
(j) The work group shall study and make recommendations in
the following areas:
(1) [access of a child or a child's family to effective
case management services, including case management services with a
single case manager, parent case managers, or independent case
managers;
[(2)] the transition needs of children who reach an
age at which they are no longer eligible for services at the [Texas
Department of Health, the] Texas Education Agency[,] and other
applicable state agencies;
(2) [(3)] the blending of funds[, including case
management funding,] for children needing long-term services and
supports, [care and] health services, and mental health services;
(3) [(4)] collaboration and coordination of
children's services between the Department of Aging and Disability
Services [department], the [Texas] Department of State Health
Services, the [Texas] Department of Assistive and Rehabilitative
Services, the Department of Family and Protective Services [Mental
Health and Mental Retardation], and any other agency determined to
be applicable by the work group;
(4) [(5)] budgeting and the use of funds appropriated
for children's long-term [care] services and supports, [and
children's] health services, and mental health services;
(5) [(6)] services and supports for families
providing care for children with disabilities;
(6) [(7)] effective permanency planning for children
who reside in institutions or who are at risk of placement in an
institution;
(7) barriers to accessing community services that lead
to the institutionalization of children with disabilities;
(8) barriers to enforcement of regulations regarding
institutions that serve children with disabilities; and
(9) the provision of services under the medical
assistance program to children younger than 22 [23] years of age
with disabilities or special health care needs under a waiver
granted under Section 1915(c) of the federal Social Security Act
(42 U.S.C. Section 1396n(c)).
(k) Not later than September 1 of each even-numbered year,
the work group shall report on its findings and recommendations to
the legislature and the executive commissioner of the Health and
Human Services Commission [health and human services].
(l) After evaluating and considering recommendations
reported under Subsection (k), the executive commissioner of the
Health and Human Services Commission shall adopt rules to implement
guidelines for providing long-term services and supports, [care
and] health services, and mental health services to children with
disabilities.
SECTION 2. Section 531.159(f), Government Code, is amended
to read as follows:
(f) The commission by rule shall develop procedures by which
to conduct the reviews required by Subsections (c), (d), and (e).
In developing the procedures, the commission shall seek input from
the work group on children's long-term services and supports, [care
and] health services, and mental health services [programs]
established under Section 22.035, Human Resources Code.
SECTION 3. Subchapter G-1, Chapter 531, Government Code, is
amended by adding Section 531.2505 to read as follows:
Sec. 531.2505. DEFINITION. In this subchapter, "council"
means the Children's Policy Council established under Section
22.035, Human Resources Code.
SECTION਄. Section 531.251, Government Code, is amended to
read as follows:
Sec. 531.251. [PILOT PROJECT CONSORTIUM;] EXPANSION PLAN.
(a) The council shall establish a subcommittee on the system of
care [commission shall form a consortium] to develop criteria for
and implement the expansion of the Texas Integrated Funding
Initiative [pilot project] and to develop local mental health care
systems in communities for minors who are receiving residential
mental health services or who are at risk of residential placement
to receive mental health services. [The consortium must include
representatives of the Texas Department of Mental Health and Mental
Retardation, Department of Protective and Regulatory Services,
Texas Education Agency, Texas Youth Commission, Texas Juvenile
Probation Commission, and Texas Commission on Alcohol and Drug
Abuse and an equal number of family advocates.]
(b) The commission and the subcommittee on the system of
care [consortium] shall:
(1) develop a model and guidelines for the delivery of
mental health services and support to a minor, initiated before the
person's 18th birthday, including best practices in the financing,
administration, governance, and delivery of those services;
(2) establish a plan to expand the Texas Integrated
Funding Initiative [so that the initiative may operate in up to six
communities]; and
(3) identify appropriate sources of state and federal
funding to finance mental health services under the initiative from
a central fund for expansion communities.
(c) The subcommittee on the system of care must present to
the council each model, guideline, plan, program, or recommendation
the subcommittee develops. A model, guideline, plan, program, or
recommendation may not be disseminated unless it is approved by the
council.
SECTION 5. Sections 531.252(a) and (b), Government Code,
are amended to read as follows:
(a) The commission [by rule] shall establish a
request-for-proposal process to select expansion communities to
participate in the initiative. The commission may work with the
Department of State Health Services to establish this process.
(b) The commission and the council [consortium] shall
develop criteria to evaluate proposals for selecting expansion
communities to participate in the expanded initiative. The
criteria must:
(1) reflect the underlying principles of the Texas
Integrated Funding Initiative;
(2) emphasize services that are culturally competent,
family-centered, and seamless;
(3) identify populations to be served under the
proposals;
(4) establish for the expansion communities service
outcome goals related to minors who are receiving residential
mental health services or who are at risk of residential placement
to receive mental health services, including:
(A) decreasing incidents of abuse or neglect of
the minors;
(B) reducing recidivism rates of juvenile
offenders;
(C) increasing school attendance and progress of
the minors;
(D) reducing the rate of placement of the minors
in residential treatment;
(E) increasing the rate of reunification of the
minors with their families;
(F) improving the emotional, behavioral, and
social adjustment of the minors; and
(G) improving the stability of placements of the
minors;
(5) provide for locations of participating
communities in urban, suburban, and rural settings; and
(6) specify information that must be provided in a
proposal for a community, including:
(A) information on the costs of the activities
proposed; and
(B) the characteristics of minors in the
community who are in residential care for mental health services or
who are at risk of being placed in residential care to receive
mental health services.
SECTION 6. Sections 531.253 and 531.254, Government Code,
are amended to read as follows:
Sec. 531.253. SELECTION OF EXPANSION COMMUNITIES. The
commission and the council [consortium] shall develop a process to
review proposals for expansion communities and approve
participation of additional [not more than six] communities to
participate in the initiative. The selected communities must be
those that best meet the criteria developed under Section 531.252.
Sec. 531.254. SYSTEM DEVELOPMENT COLLABORATION. The
commission, the subcommittee on the system of care established by
the council [consortium], and the expansion communities shall
collaborate to develop and shall share technical assistance and
training resources to aid communities in developing local systems
for delivering mental health services to minors.
SECTION 7. Sections 531.255(a), (b), and (c), Government
Code, are amended to read as follows:
(a) The commission and the [Texas] Department of State
[Mental] Health Services [and Mental Retardation] jointly shall
monitor the progress of the expansion communities.
(b) The commission, the subcommittee on the system of care
established by the council [consortium], and the expansion
communities shall collaborate to develop a system to evaluate the
success of the expansion communities in achieving outcome goals for
the minors the communities serve, including outcome goals developed
under Section 531.252. An evaluation under the system must include
information on cost avoidance and net savings that result from
participation in the initiative.
(c) Each expansion community shall identify the baseline
information to compare with the information on outcomes in
evaluating the achievements of the community. A community is
responsible for collecting and reporting outcome information to the
Department of State Health Services [commission] in accordance with
the requirements of the evaluation system developed under
Subsection (b).
SECTION 8. Section 531.421(3), Government Code, is amended
to read as follows:
(3) "Subcommittee on the system of care"
["Consortium"] means the subcommittee on the system of care
established by the Children's Policy Council [consortium] that
oversees the Texas Integrated Funding Initiative under Subchapter
G-1 [G, Chapter 531, as added by Chapter 446, Acts of the 76th
Legislature, Regular Session, 1999].
SECTION 9. Section 531.422(c), Government Code, is amended
to read as follows:
(c) Each community resource coordination group shall submit
the report described by Subsection (b) to the subcommittee on the
system of care [consortium]. The subcommittee [consortium] shall
provide a deadline to each group for submitting the reports. The
time frame for completing the reports must be coordinated with any
regional reviews by the commission of the delivery of related
services.
SECTION 10. Section 531.423, Government Code, is amended to
read as follows:
Sec. 531.423. SUMMARY REPORT BY SUBCOMMITTEE ON THE SYSTEM
OF CARE [TEXAS INTEGRATED FUNDING INITIATIVE CONSORTIUM]. (a) The
subcommittee on the system of care [consortium] shall create a
summary report based on the evaluations in the reports submitted to
the subcommittee [consortium] by community resource coordination
groups under Section 531.422. The subcommittee's [consortium's]
report must include recommendations for policy and statutory
changes at each agency that is involved in the provision of systems
of care services and the outcome expected from implementing each
recommendation.
(b) The subcommittee on the system of care [consortium]
shall coordinate, where appropriate, the recommendations in the
report created under this section with recommendations in the
assessment developed under S.B. No. 491, Acts of the 78th
Legislature, Regular Session, 2003, and with the continuum of care
developed under S.B. No. 490, Acts of the 78th Legislature, Regular
Session, 2003.
(c) The subcommittee on the system of care [consortium] may
include in the report created under this section recommendations
for the statewide expansion of sites participating in the Texas
Integrated Funding Initiative under Subchapter G-1 [G, Chapter 531,
as added by Chapter 446, Acts of the 76th Legislature, Regular
Session, 1999,] and the integration of services provided at those
sites with services provided by community resource coordination
groups.
(d) The subcommittee on the system of care [consortium]
shall provide a copy of a [the] report created under this section
and approved by the Children's Policy Council to each agency for
which the report makes a recommendation and to other agencies as
appropriate.
SECTION 11. Sections 531.256 and 531.257, Government Code,
are repealed.
SECTION 12. (a) Not later than January 1, 2012, the
following are transferred from the consortium that oversees the
Texas Integrated Funding Initiative under Subchapter G-1, Chapter
531, Government Code, to the Children's Policy Council described by
Section 22.035, Human Resources Code:
(1) the powers, duties, functions, programs, and
activities of the consortium;
(2) all obligations and contracts of the consortium
that are related to a power, duty, function, program, or activity
transferred under this subsection;
(3) all property and records in the custody of the
consortium that are related to a power, duty, function, program, or
activity transferred under this subsection and all funds
appropriated by the legislature for that power, duty, function,
program, or activity; and
(4) all personnel of the consortium whose functions
predominantly involve powers, duties, functions, programs, and
activities transferred under this subsection.
(b) A form adopted by the consortium that relates to a
power, duty, function, program, or activity transferred under
Subsection (a) of this section is a form of the Children's Policy
Council and remains in effect until altered by the Children's
Policy Council.
(c) A reference in law to the consortium that relates to a
power, duty, function, program, or activity transferred under
Subsection (a) of this section means the Children's Policy Council.
SECTION 13. This Act takes effect September 1, 2011.