Bills Considered & Approved by Human Services Committee, Chaired by Rep. Raymond Now Law
Written by Post Public Information Representative, Sep 2, 2015, Comments Off
Courtesy David Leo,
AUSTIN, TX — Chairman Richard Peña Raymond, head of the House Committee on Human Services concluded a busy 84th legislative Session having considered 122 separate bills including 10 major pieces of Sunset legislation. Chairman Raymond and his nine member panel oversee the state’s multi-billion dollar Medicaid program, child and elder care services, foster care services, and state agencies under the committee’s oversight. Today, forty-nine of these proposed measures became law.
Just prior to the start of the recently-completed 84th Legislative Session, the Sunset Commission adopted 315 recommendations on the 20 agencies under review this cycle. These changes were aimed at improving agency operations, creating efficiencies, and improving health necessities for families and Texans across the state. Chairman Raymond and his nine-member panel considered 10 of the 18 separate pieces of Sunset legislation filed this session. These bills directly impacted state agencies and functions which fall under the committee’s oversight.
“I am proud of the work we did on the Sunset Commission and I believe these new laws will help make the following agencies more efficient and more helpful for all Texans,” said Chairman Raymond.
In all, Chairman Raymond and his committee considered 122 separate bills during public hearings held at the capitol. The committee approved 91 for further consideration by the full House–51 of which were ultimately approved by both chambers. Forty-nine of the bills vetted and approved by Chairman Raymond’s committee were signed into law.
“I could not be happier with the work done by this committee and each individual member,” said Chairman Raymond. “The agencies and programs we oversee provide important assistance to some of the most vulnerable Texans of all ages. I have every reason to believe our efforts will result in improved delivery of health necessities for children, parents and grandparents across the state and more efficient and cost-effective use of taxpayer resources.”
Listed below is a complete list of the proposed measures approved by Chairman Raymond’s committee, passed by the House and Senate and signed into law.
CHILDREN AND FAMILIES
SB 1279 (Expanding Safe Havens for Infants)
Approved unanimously by Chairman Raymond’s committee, SB 1279 adds freestanding emergency medical care facilities to the list of Safe Havens–locations at which a parent can leave a newborn and be exempted from criminal prosecution. Emergency medical care facilities that operate 24/7 are well equipped to provide a safe shelter and medical care to any newborn that is left at their doorstep.
HB 781 (Increasing DFPS Efficacy and Accountability)
This legislation empowers the DFPS to evaluate and further promote the effectiveness of residential child-care services by requiring the agency to adopt policies that ensure certain child-placing agencies receive at least 35 hours of pre-service training before being verified as a foster or adoptive home.
HB 418 (Protecting Victims of Child Human Trafficking)
HB 418 provides a safe and therapeutic environment for child victims of human trafficking by authorizing a county to contract with a child-placing agency and therefore provide foster homes for those children. This legislation also requires secure agency foster homes and group homes to operate 24 hours a day to provide the children with mental health counseling, family counseling, mentoring, and a variety of other health care-related resources that would help them cope with trauma.
HB 679 (Studying Homelessness Among Youth)
With the goal of reducing youth homelessness in the state, HB 679 designates the Department of Housing and Community Affairs (TDHCA) and other members of the Texas Interagency Council for the Homeless to perform a study on homeless youth. The agencies would then submit a summarizing report to the legislature that includes legislative recommendations for alleviating homelessness among youth and more efficiently providing them with resources.
HB 3327 (Combatting Domestic Violence)
HB 3327, on which Chairman Raymond was a joint author, creates a grant program for Domestic Violence High Risk Teams (DVHRT), a risk assessment program designed to predict when instances of domestic violence will occur. This legislation is a part of a statewide initiative dedicated to protecting domestic violence victims by uniting law enforcement, advocacy organizations, and medical professionals in the effort to systematically prevent domestic violence from occurring in the first place. Recognizing the success of DVHRT around the country,
| SB 354 (Better Serving Neglected Children) Aiming to more efficiently assist Texas’s most vulnerable children, SB 354 shifts administrative responsibility regarding contracting authority for the Children’s Advocacy Centers and Court Appointed Special Advocates (CASA) from the Texas Attorney General’s Office (OAG) to the Health and Human Services Commission (HHSC). This transfer would better correspond those programs with Texas’s child welfare system, which is within the purview of the HHSC. Believing SB 354 to be a necessary bill that would also help to protect funding for the Children’s Advocacy Centers and CASA. |
SB 1117 (Supporting At-Risk Youth with Housing)
Foster care children who age out of the foster care system are at high risk of becoming homeless. Recognizing the urgency of such a problem, SB 1117 requires the Department of Family and Protective Services (DFPS) to clarify the transition plan for youth 16 years of age or older. Under this legislation, an acceptable transition plan would methodically assist youth with attaining a home and provide them with ample information about how to rent a living space. DFPS would also be responsible for informing youth about living independently and in college dormitories. Ultimately, this legislation re-clarifies one of DFPS’s greatest duties: preventing youth homelessness.
| SB 1496 (Strengthening Background Checks to Safeguard Children) A corrective bill that was approved unanimously by Chairman Raymond’s committee, SB 1496 requires the individual in charge of a registered family home or group day-care home to complete a fingerprint background check for certain individuals associated with the child-care facility or home. This legislation emerged in order to align state law with federal law related to background checks for child-care facilities or homes. This correction will help prevent sex offenders from entering into those facilities while making sure that all child-care facilities meet the same high safety standards. |
| SB 1889 (Cleaning Up the Abuse and Neglect Registry)
Another corrective bill, SB 1889 seeks to fix the improper designation of certain parents to Texas’s abuse and neglect registry. Some parents cannot afford mental health counseling and, as a last resort, place their children in CPS protective custody in order to attain mental health services. As a result, the parents’ names are included on the state’s abuse and neglect registry, even though they are not a threat to the wellbeing of their children. This legislation requires the HHSC to prohibit the Department of Family and Protective Services (DFPS) from placing parents on the abuse and neglect registry simply because they were financially unable to obtain mental health services for the child and had no other option but to give up custody to CPS. DFPS must also review the records in the registry and remove the records of such cases. |
SB 1928 (Boosting Community Support for Refugees)
The bill requires the HHSC, which provides resettlement services to refugees, to adopt rules for the inclusion of community participation and input regarding the placement of refugees. This legislation will help HHSC as the agency works with local voluntary resettlement agencies (VOLAGS) to determine and designate resources to refugees.
MEDICAID
HB 3523 (Improving the Quality and Delivery of Medicaid Services and Supports)
A comprehensive and ambitious bill by Chairman Raymond, HB 3523 mainly clarifies the duties of the HHSC and Department of Aging and Disability Services (DADS) to carry out specific responsibilities regarding the delivery of Medicaid acute care and long-term care services, and requires an annual report on the implementation of an acute care and long-term services and supports system for individuals with developmental disabilities. The bill also ensures the continuation of services by delaying the transition to managed care for services provided to patients enrolled in the Texas Home Living Waiver. HB 3523 also delays by at least one year the transition to managed care for services provided to individuals with IDD who receive care in intermediate care facilities.
HB 3823 (Establishing Study to Determine Best Health Program for the Elderly)
PACE is a Medicaid and Medicare program designed to cover the health care needs of seniors while providing access to additional services like therapies and home or day care. The alternative to PACE is the STAR+PLUS managed care program, although some claim that patients enrolled in PACE have better outcomes. Approved by Chairman Raymond’s committee, HB 3823 requires the HHSC to collect data in order to compare the patient outcomes between PACE and STAR+PLUS. The bill also tasks the executive commissioner of HHSC to set sustainable and cost-neutral PACE reimbursement rates.
HB 4001 (Authorizing Home and Community Support Agencies to Provide Habilitation Services)
HB 4001 by Chairman Raymond adds the definition of “habilitation” to statute so that home and community support services agencies are legally authorized to provide habilitation services in the STAR+PLUS Medicaid managed care program. The bill also authorizes the Department of Aging and Disability Services (DADS) to assess and collect administrative penalties from providers participating in the Home and Community-based Services and Texas Home Living waiver programs if they commit violations.
SB 277 (Abolishing, Re-clarifying the Role of Task Force and Advisory Committees)
This bill abolishes certain health-related task forces, advisory committees and workgroups; and requires the Executive Commissioner of the Health and Human Services Commission to adopt rules regarding the purpose, structure and use of advisory committees.
SB 760 (Improving HHSC’s Ability to Supervise Medicaid Contracting)
SB 760 aims to empower the HHSC to better monitor Medicaid contracts with managed care organizations by amending provider access standards under Medicaid managed care, requiring Medicaid managed care organizations (MCOs) to pay liquidated damages if they fail to comply with those standards, and requiring the Health and Human Services Commission (HHSC) to establish minimum provider access standards for the networks of Medicaid MCOs. Additionally, HHSC must submit a publicly accessible biennial report to the legislature regarding access to providers through MCO networks and MCO compliance with the provider access standards.
SB 1385 (Strengthening Penalties Against Non-Compliant Medicaid Providers)
Sponsored by Chairman Raymond, SB 1385 empowers the Department of Aging and Disability Services (DADS) by authorizing it to assess administrative penalties for violations committed by providers participating in the Home and Community-based Services (HCS) and Texas Home Living (TxHmL) waiver programs. As a result, DADS is better able to enforce contract terms and possibly reduce noncompliance.
MENTAL HEALTH
HB 2588 (Fighting Misleading Advertising by Nursing Homes and Assisted Living Facilities)
Some nursing homes and assisted living facilities advertise that they offer specialized care for individuals with Alzheimer’s even if they are not certified to provide such services. In order to protect some of Texas’s most vulnerable citizens, this bill requires those facilities to disclose whether they are certified or licensed to provide specialized services to residents with Alzheimer’s disease and related disorders.
HB 2789 (Reforming Training for Mental Health Professionals)
Trauma-informed care is becoming an increasingly popular treatment method that ameliorates the mental health of those who have experienced trauma. HB 2789, a bill authored by Chairman Raymond, requires the Department of Aging and Disability Services (DADS) to provide train new and current employees in trauma-informed care before or as they work with individuals with intellectual and development disabilities in state supported living centers and intermediate care facilities.
AGENCY OVERSIGHT
SB 200 (Reorganizing the Health and Human Services System)
In an effort to reduce miscommunication and disorganization within the overly confusing health and human services system, SB 200 consolidates the Department of Assistive and Rehabilitative Services (DARS) and Department of Aging and Disability Services (DADS) into HHSC and continues the consolidated agency for 12 years. This bill aims to increase HHSC’s accountability and efficiency, and ultimately benefit Texas patients.
HB 1679 (Securing Funding for Texans With Developmental Disabilities)
In order to receive federal funding for people with developmental disabilities, states must have state councils for those disabled individuals. The Texas Council for Developmental Disabilities (TCDD) fulfills that role, and the highly important HB 1679 authored by Chairman Raymond renews the TCDD for 12 years so that Disabled Texans continue to obtain federal funding. The TCDD advocates for increased awareness, services, support, and education of individuals with developmental disabilities.
HB 1180 (Improving the Childcare Provider Database)
Prior to enactment of HB 1180, the childcare providers database maintained by the Department of Family and Protective Services (DFPS) contained only limited information about those providers. This bill requires the DFPS upgrade their searchable database so that information about childcare providers is more comprehensive.
HB 1337 (Safeguarding Important Guardianship Orders For Seniors and Disabled People)
Court ordered guardianships assist and serve individuals in nursing homes or assisted living facilities. Guardianship orders become especially important in cases of abuse, neglect, or exploitation—when elderly or disabled victims are the most vulnerable. However, nursing homes and assisted living facilities do not have to keep records of guardianship orders, and investigators from the Department of Aging and Disability Services (DADS) are not required to check for those orders. This corrective bill requires nursing homes to request and maintain a copy of a guardianship order for each resident.
HB 1678 (Preserving a Committee Dedicated to Serving Disabled Individuals)
Chairman Raymond’s HB 1678 continues the Governor’s Committee on People with Disabilities for 12 years until 2027. The Committee would be abolished by September 1st of this year had this legislation not passed.
HB 1769 (Lifting Procedural Burdens on Assisted Living Facilities)
In order to relieve an undue burden on assisted living facilities, HB 1769 authorizes the Department of Aging and Disability Services (DADS) to reduce the licensure process issue by allowing an assisted living facility (that has been in good standing for at least six years) to request an initial license that does not require a time-consuming on-site health inspection.
HB 2070 (Supporting Safe Houses for Human Trafficking Victims)
HB 2070 is another bill aimed at protecting human trafficking victims that passed Chairman Raymond’s committee. This legislation exempts certain foster homes, or “safe houses,” providing shelter to human trafficking victims from certain notification and hearing requirements that would reveal information such as its location. It also removes the current childcare regulatory fee cap and clarifies penalties against people who commit violations of the Human Resources Code.
HB 2463 (Expanding HHSC’s Scope of Responsibilities)
Authored by Chairman Raymond, HB 2463 adopts the recommendations made by the Sunset Advisory Commission to abolish and transfer the functions of the Department of Assistive and Rehabilitative Services (DARS) to HHSC by September 1, 2016. As included in the bill, a legislative oversight committee will supervise the transition.
HB 2655 (Endeavoring to Keep Foster Children with Family)
This bill requires the Department of Family and Protective Services (DFPS) to study the effectiveness of the relative and other designated caregiver program—also known as “kinship care’’—so that children in the foster system may remain with family members.
| HB 2697 (Expanding Care Alternatives for Seniors) By expanding the definition of “continuing care,” HB 2697 offers senior citizens a continuing care at home program—a cost-effective alternative to the continuing care offered by retirement communities. Those enrolled in the program can remain in the comfort of their own homes and have access to certain wellness and dining centers and special events. |
SB 202 (Improving Functions of the Department of State Health Services)
A comprehensive oversight bill on which Chairman Raymond acted as a joint sponsor, SB 202 adopts the improvement recommendations made by the Sunset Advisory Commission and clarifies the Department of State Health Services’ (DSHS) functions, goals, and public health action plan. It also deregulates certain regulatory programs, helps fight fraud in emergency medical services, and ensures that DSHS and the Texas Department of Licensing and Regulation maintain rules regarding their standards of care and practice.
SB 203 (Continuing the Texas Health Services Authority and Clarifying Its Role)
This bill continues the Texas Health Services Authority (THSA) until 2021, when it will be removed from statute, and ensures its ability to advise the HHSC on health information-related items even after removal from statute.
SB 206 (Supporting CPS Caseworkers)
Not only does this bill continues the Department of Family and Protective Services and its functions until 2027, it relieves Child Protective Services (CPS) caseworkers of bureaucratic burdens and allows them to spend more time with children and families.
SB 207 (Improving Functions of the Office of Inspector General)
One of the solid number of “Sunset” bills, SB 207 strengthens and clarifies the Office of Inspector General’s (OIG) accountability, investigative processes, duties after the Sunset Advisory Commission found that the OIG was unable to effectively find and prevent Medicaid fraud and abuse.
SB 212 (Expanding Functions and Scope of Texas Workforce Commission to Better Serve Individuals with Disabilities)
Sponsored by Chairman Raymond to bolster oversight of the Texas State Use Program, SB 212 abolishes the Texas Council on Purchasing from People with Disabilities (TCPPD) and transfers responsibility for the administration and oversight of the Texas State Use Program from the TCPPD to the Texas Workforce Commission (TWC). The bill also clarifies the program objectives, standards, and other data regarding wages and professional development regarding people with disabilities.
SB 219 (Clarifying Health and Human Services Laws)
In order to make health and human services statutes more easily accessible and understandable to Texans, SB 219 clarifies those statutes and allows legislators to seek policy changes that will continue to improve Texas’s health and human services system.
SB 304 (Strengthening Penalties Against Violations in Nursing Homes)
Aimed at reducing the number of serious violations that take place in nursing homes, SB 304, sponsored by Chairman Raymond and strongly supported in his committee, requires the executive commissioner of the HHSC to revoke a license of any nursing facility (or a related institution) if the Department of Aging and Disability Services (DADS) finds that the license holder has within a 24-month period committed three serious violations that perpetrate abuse or neglect against its residents.
| SB 1540 (Strengthening Background Checks for Assisted Living Facilities Employees) A corrective bill that helps protect residents living in facilities run by Department of Aging and Disability Services (DADS), SB 1540 authorizes the HHSC and the DADS to obtain criminal history record information regarding certain applicants for employment and current employees. Having been unanimously approved by Chairman Raymond’s committee, this bill was also widely supported throughout the legislature.
SB 1880 (Authorizing the Investigation of Managed Care to Prevent Abuse) |
MISCELLANEOUS
| SB 1664 (Establishing Statewide Tax-Free Savings Account for Disabled Individuals) The U.S. Congress recently passed the Achieving a Better Life Experience (ABLE) Act, which gives disabled individuals the opportunity to have a tax-free savings “ABLE” account. States must pass their own legislation to authorize the ABLE accounts, and SB 1664 does just that. This bill passed unanimously in Chairman Raymond’s committee and was widely supported in both legislative chambers, with the members believing that enabling ABLE accounts for Texans with disabilities will help them live more independent and empowering lives.
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HB 77 (Exploring Innovative Ways to Combat Domestic Violence)
Ever since the establishment of the Dallas Men Against Abuse program, stakeholders have realized a decrease in aggravated assault charges as well as an increase in the number of victims speaking out. HB 77 authorizes the HHSC to collaborate with other organizations fighting domestic violence to study the Dallas Men Against Abuse program and determine whether it should be introduced into school districts and other communities.
HB 2718 (Uniting Faith-Based and Community Organizations Against Homelessness)
Many non-profit faith-based and community organizations are eager to provide assistance to financially vulnerable people who may be at risk of homelessness. HB 2718 capitalizes on the eagerness of these organizations by requiring the HHSC to establish a program under which faith- and community-based organizations may contact and offer additional assistance to people applying for certain public assistance benefits (such as CHIP or SNAP).
HB 3092 (Instigating a Project to Fight Abuse)
Before passage of HB 3092, Adult Protective Services (APS) would only provide services in cases where abuse, neglect, or exploitation is validated. However, the Risk of Recidivism assessment tool is increasingly being seen as a model for determining the need of protective services. One benefit of using the tool is that more clients may have access to protective services. HB 3092 allows for the testing of a pilot project in which APS may provide services through the assessment tool.
SB 37 (Increasing Post-Secondary Study and Employment Opportunities for Disabled Individuals)
A high number of persons with intellectual and developmental disabilities are unable to obtain post-secondary education in Texas, and this problem decreases their chances of finding jobs. SB 37 requires the Texas Higher Education Coordinating Board to study and collect data on the participation of persons with intellectual and developmental disabilities at public institutions of higher education in an effort to enrollment in higher education among individuals with disabilities.
SB 59 (Expediting Funding to Combat Domestic Violence)
Sponsored by Representative Raymond, SB 59 speeds up the released of funds dedicated to family violence services by directing the money straight to Family Violence Program at the HHSC, thereby circumventing a competitive and time-consuming procurement procedure.
SB 125 (Establishing a Comprehensive Assessment for Foster Children)
SB 125 seeks to benefit children in the foster care system by requires the Department of Family and Protective Services (DFPS) to conduct a thorough assessment 45 days after a child enters the conservatorship of DFPS. A comprehensive assessment is necessary for an appropriate first-time placement of a child into a foster care home.
SB 1129 (Correcting Measures of Restraint)
Some drastic restraining practices used on an individual who is under emergency detention places him at high risk of asphyxiation and even death. Recognizing such a risk, Chairman Raymond sponsored SB 1129, which requires a person being restrained to be placed in an upright position so that he or she may breathe properly, and made sure that it successfully progressed through his committee.
SB 1560 (Removing an Unnecessary Burden on Physicians and Detox Facilities)
SB 1560 relieves a burden unintentionally placed on detox facilities by a bill from a previous legislative session that required physicians to be physically present when receiving a patient’s consent for treatment. This requirement is out of line with current practice, which allows for consent without the physical presence of a medical doctor.
SB 1580 (Fighting Homelessness Among Veterans)
Much like HB 679, which tasks the Department of Housing and Community Affairs (TDHCA) and other agencies dedicated to alleviating homelessness with studying youth homelessness and submitting a report with legislative recommendations on how to combat the problem, SB 1580 does the same for homeless veterans. This bill aims to ultimately reduce the rate of homelessness among veterans in Texas, which ranks third among states with the highest number of homeless veterans.
SB 1881 (Empowering Seniors and Disabled Individuals)
Elderly and disabled individuals are sometimes deprived of their independence by being placed into a guardianship by courts. This legislation corrects the problem by defining supported decision-making agreements an alternative to guardianship, thereby honoring the autonomy of seniors and individuals with disabilities.
SB 1999 (Updating the Titles of “Adult Day Care” Facilities)
This corrective bill changes the name of facilities that are called “adult day care” (which is considered archaic and fails to respect the dignity and autonomy elderly and disabled that depend on support service programs) to “day activity and health services” facilities.
