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          AN ACT
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        relating to the continuation and functions of the Health and Human  | 
      
      
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        Services Commission and the provision of health and human services  | 
      
      
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        in this state. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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        ARTICLE 1.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM | 
      
      
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               SECTION 1.01.  (a)  Chapter 531, Government Code, is amended  | 
      
      
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        by adding Subchapter A-1 to read as follows: | 
      
      
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        SUBCHAPTER A-1.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM | 
      
      
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               Sec. 531.02001.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES  | 
      
      
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        SYSTEM GENERALLY.  In accordance with this subchapter, the  | 
      
      
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        functions of the health and human services system described under  | 
      
      
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        Sections 531.0201, 531.02011, and 531.02012 are consolidated  | 
      
      
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        through a phased transfer of those functions under which: | 
      
      
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                     (1)  the initial transfers required under Section  | 
      
      
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        531.0201 occur: | 
      
      
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                           (A)  on or after the date on which the executive  | 
      
      
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        commissioner submits the transition plan to the required persons  | 
      
      
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        under Section 531.0204(e); and | 
      
      
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                           (B)  not later than September 1, 2016; | 
      
      
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                     (2)  the final transfers required under Section  | 
      
      
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        531.02011 occur: | 
      
      
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                           (A)  on or after September 1, 2016; and | 
      
      
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                           (B)  not later than September 1, 2017; and | 
      
      
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                     (3)  transfers of administrative support services  | 
      
      
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        functions occur in accordance with Section 531.02012. | 
      
      
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               Sec. 531.02002.  MEANING OF FUNCTION IN RELATION TO  | 
      
      
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        TRANSFERS.  For purposes of the transfers mandated by this  | 
      
      
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        subchapter, "function" includes a power, duty, program, or activity  | 
      
      
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        of a state agency or entity. | 
      
      
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               Sec. 531.0201.  PHASE ONE:  INITIAL TRANSFERS.  (a)  On the  | 
      
      
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        dates specified in the transition plan required under Section  | 
      
      
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        531.0204, the following functions are transferred to the commission  | 
      
      
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        as provided by this subchapter: | 
      
      
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                     (1)  all functions, including any remaining  | 
      
      
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        administrative support services functions, of each state agency and  | 
      
      
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        entity subject to abolition under Section 531.0202(a); and | 
      
      
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                     (2)  except as provided by Section 531.02013, all  | 
      
      
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        client services of the health and human services system, including  | 
      
      
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        client services functions performed by the following: | 
      
      
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                           (A)  the state agency and entity subject to  | 
      
      
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        abolition under Section 531.0202(b); | 
      
      
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                           (B)  the Department of Family and Protective  | 
      
      
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        Services; and | 
      
      
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                           (C)  the Department of State Health Services. | 
      
      
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               (b)  On the dates specified in the transition plan required  | 
      
      
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        under Section 531.0204, all functions in the health and human  | 
      
      
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        services system related to prevention and early intervention  | 
      
      
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        services, including the Nurse-Family Partnership Competitive Grant  | 
      
      
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        Program under Subchapter C, Chapter 265, Family Code, are  | 
      
      
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        transferred to the Department of Family and Protective Services. | 
      
      
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               Sec. 531.02011.  PHASE TWO:  FINAL TRANSFERS TO COMMISSION.   | 
      
      
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        On the dates specified in the transition plan required under  | 
      
      
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        Section 531.0204, the following functions are transferred to the  | 
      
      
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        commission as provided by this subchapter: | 
      
      
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                     (1)  all functions of each state agency and entity  | 
      
      
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        subject to abolition under Section 531.0202(b) that remained with  | 
      
      
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        the agency or entity after the initial transfer of functions under  | 
      
      
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        Section 531.0201 or a transfer of administrative support services  | 
      
      
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        functions under Section 531.02012; | 
      
      
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                     (2)  regulatory functions and functions related to  | 
      
      
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        state-operated institutions of the Department of State Health  | 
      
      
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        Services; and | 
      
      
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                     (3)  regulatory functions of the Department of Family  | 
      
      
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        and Protective Services. | 
      
      
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               Sec. 531.02012.  TRANSFER AND CONSOLIDATION OF  | 
      
      
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        ADMINISTRATIVE SUPPORT SERVICES FUNCTIONS.  (a)  In this section,  | 
      
      
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        "administrative support services" has the meaning assigned under  | 
      
      
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        Section 531.00553. | 
      
      
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               (b)  As soon as practicable after the first day of the period  | 
      
      
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        prescribed by Section 531.02001(1) and not later than the last day  | 
      
      
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        of the period prescribed by Section 531.02001(2), in accordance  | 
      
      
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        with and on the dates specified in the transition plan required  | 
      
      
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        under Section 531.0204, the executive commissioner shall, after  | 
      
      
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        consulting with affected state agencies and divisions, transfer and  | 
      
      
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        consolidate within the commission administrative support services  | 
      
      
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        functions of the health and human services system to the extent  | 
      
      
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        consolidation of those support services functions is feasible and  | 
      
      
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        contributes to the effective performance of the system.   | 
      
      
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        Consolidation of an administrative support services function under  | 
      
      
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        this section must be conducted in accordance with the principles  | 
      
      
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        and requirements for organization of administrative support  | 
      
      
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        services under Section 531.00553(c). | 
      
      
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               (c)  Consultation with affected state agencies and divisions  | 
      
      
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        under Subsection (b) must be conducted in a manner that ensures  | 
      
      
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        client services are, at most, only minimally affected, and must  | 
      
      
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        result in a memorandum of understanding or other agreement between  | 
      
      
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        the commission and each affected agency or division that: | 
      
      
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                     (1)  details measurable performance goals that the  | 
      
      
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        commission is expected to meet; | 
      
      
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                     (2)  identifies a means by which the agency or division  | 
      
      
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        may seek permission from the executive commissioner to find an  | 
      
      
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        alternative way to address the needs of the agency or division, as  | 
      
      
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        appropriate; | 
      
      
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                     (3)  identifies steps to ensure that programs under the  | 
      
      
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        health and human services system, whether large or small, receive  | 
      
      
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        administrative support services that are adequate to meet the  | 
      
      
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        program's needs; and | 
      
      
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                     (4)  if appropriate, specifies that staff responsible  | 
      
      
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        for providing administrative support services consolidated within  | 
      
      
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        the commission are located in the area where persons requiring  | 
      
      
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        those services are located to ensure the staff understands related  | 
      
      
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        program needs and can respond to those needs in a timely manner. | 
      
      
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               Sec. 531.02013.  FUNCTIONS REMAINING WITH CERTAIN AGENCIES.   | 
      
      
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        The following functions are not subject to transfer under Sections  | 
      
      
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        531.0201 and 531.02011: | 
      
      
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                     (1)  the functions of the Department of Family and  | 
      
      
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        Protective Services, including the statewide intake of reports and  | 
      
      
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        other information, related to the following: | 
      
      
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                           (A)  child protective services, including  | 
      
      
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        services that are required by federal law to be provided by this  | 
      
      
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        state's child welfare agency; | 
      
      
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                           (B)  adult protective services, other than  | 
      
      
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        investigations of the alleged abuse, neglect, or exploitation of an  | 
      
      
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        elderly person or person with a disability: | 
      
      
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                                 (i)  in a facility operated, or in a facility  | 
      
      
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        or by a person licensed, certified, or registered, by a state  | 
      
      
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        agency; or | 
      
      
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                                 (ii)  by a provider that has contracted to  | 
      
      
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        provide home and community-based services; and | 
      
      
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                           (C)  prevention and early intervention services;  | 
      
      
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        and | 
      
      
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                     (2)  the public health functions of the Department of  | 
      
      
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        State Health Services, including health care data collection and  | 
      
      
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        maintenance of the Texas Health Care Information Collection  | 
      
      
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        program. | 
      
      
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               Sec. 531.02014.  RELATED TRANSFERS; EFFECT OF  | 
      
      
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        CONSOLIDATION.  (a)  All of the following that relate to a function  | 
      
      
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        that is transferred under Section 531.0201, 531.02011, or 531.02012  | 
      
      
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        are transferred to the commission or the Department of Family and  | 
      
      
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        Protective Services, as applicable, on the date the related  | 
      
      
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        function is transferred as specified in the transition plan  | 
      
      
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        required under Section 531.0204: | 
      
      
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                     (1)  all obligations and contracts, including  | 
      
      
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        obligations and contracts related to a grant program; | 
      
      
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                     (2)  all property and records in the custody of the  | 
      
      
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        state agency or entity from which the function is transferred; | 
      
      
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                     (3)  all funds appropriated by the legislature and  | 
      
      
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        other money; and | 
      
      
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                     (4)  all complaints, investigations, or contested  | 
      
      
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        cases that are pending before the state agency or entity from which  | 
      
      
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        the function is transferred or a governing person or entity of the  | 
      
      
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        state agency or entity, without change in status. | 
      
      
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               (b)  A rule, policy, or form adopted by or on behalf of a  | 
      
      
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        state agency or entity from which functions are transferred under  | 
      
      
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        Section 531.0201, 531.02011, or 531.02012 that relates to a  | 
      
      
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        function that is transferred under one of those sections becomes a  | 
      
      
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        rule, policy, or form of the receiving state agency upon transfer of  | 
      
      
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        the related function and remains in effect: | 
      
      
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                     (1)  until altered by the commission or other receiving  | 
      
      
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        state agency, as applicable; or | 
      
      
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                     (2)  unless it conflicts with a rule, policy, or form of  | 
      
      
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        the receiving state agency. | 
      
      
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               (c)  A license, permit, or certification in effect that was  | 
      
      
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        issued by a state agency or entity from which functions are  | 
      
      
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        transferred under Section 531.0201 or 531.02011 that relates to a  | 
      
      
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        function that is transferred under either of those sections is  | 
      
      
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        continued in effect as a license, permit, or certification of the  | 
      
      
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        commission upon transfer of the related function until the license,  | 
      
      
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        permit, or certification expires, is suspended or revoked, or  | 
      
      
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        otherwise becomes invalid. | 
      
      
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               Sec. 531.0202.  ABOLITION OF STATE AGENCIES AND ENTITIES;  | 
      
      
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        EFFECT OF TRANSFERS.  (a)  Each of the following state agencies and  | 
      
      
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        entities is abolished on a date that is within the period prescribed  | 
      
      
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        by Section 531.02001(1), that is specified in the transition plan  | 
      
      
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        required under Section 531.0204 for the abolition of the agency or  | 
      
      
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        entity, and that occurs after all of the agency's or entity's  | 
      
      
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        functions have been transferred in accordance with Section  | 
      
      
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        531.0201: | 
      
      
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                     (1)  the Department of Assistive and Rehabilitative  | 
      
      
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        Services; | 
      
      
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                     (2)  the Health and Human Services Council; | 
      
      
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                     (3)  the Aging and Disability Services Council; | 
      
      
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                     (4)  the Assistive and Rehabilitative Services  | 
      
      
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        Council; | 
      
      
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                     (5)  the Family and Protective Services Council; | 
      
      
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                     (6)  the State Health Services Council; and | 
      
      
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                     (7)  the Texas Council on Autism and Pervasive  | 
      
      
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        Developmental Disorders. | 
      
      
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               (b)  The following state agency and entity are abolished on a  | 
      
      
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        date that is within the period prescribed by Section 531.02001(2),  | 
      
      
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        that is specified in the transition plan required under Section  | 
      
      
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        531.0204 for the abolition of the state agency or entity, and that  | 
      
      
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        occurs after all of the state agency's or entity's functions have  | 
      
      
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        been transferred to the commission in accordance with Sections  | 
      
      
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        531.0201 and 531.02011: | 
      
      
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                     (1)  the Department of Aging and Disability Services;  | 
      
      
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        and | 
      
      
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                     (2)  the Office for the Prevention of Developmental  | 
      
      
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        Disabilities. | 
      
      
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               (c)  The abolition of a state agency or entity listed in  | 
      
      
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        Subsection (a) or (b) and the transfer of its functions and related  | 
      
      
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        obligations, rights, contracts, records, property, and funds as  | 
      
      
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        provided by this subchapter and the transfer of functions and  | 
      
      
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        related obligations, rights, contracts, records, property, and  | 
      
      
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        funds to or from the Department of Family and Protective Services  | 
      
      
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        and from the Department of State Health Services as provided by this  | 
      
      
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        subchapter do not affect or impair an act done, any obligation,  | 
      
      
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        right, order, permit, certificate, rule, criterion, standard, or  | 
      
      
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        requirement existing, or any penalty accrued under former law, and  | 
      
      
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        that law remains in effect for any action concerning those matters. | 
      
      
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               Sec. 531.0203.  HEALTH AND HUMAN SERVICES TRANSITION  | 
      
      
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        LEGISLATIVE OVERSIGHT COMMITTEE.  (a)  In this section,  | 
      
      
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        "committee" means the Health and Human Services Transition  | 
      
      
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        Legislative Oversight Committee established under this section. | 
      
      
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               (b)  The Health and Human Services Transition Legislative  | 
      
      
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        Oversight Committee is created to facilitate the transfer of  | 
      
      
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        functions under Sections 531.0201, 531.02011, and 531.02012 with  | 
      
      
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        minimal negative effect on the delivery of services to which those  | 
      
      
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        functions relate. | 
      
      
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               (c)  The committee is composed of 11 voting members, as  | 
      
      
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        follows: | 
      
      
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                     (1)  four members of the senate, appointed by the  | 
      
      
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        lieutenant governor; | 
      
      
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                     (2)  four members of the house of representatives,  | 
      
      
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        appointed by the speaker of the house of representatives; and | 
      
      
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                     (3)  three members of the public, appointed by the  | 
      
      
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        governor. | 
      
      
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               (d)  The executive commissioner serves as an ex officio,  | 
      
      
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        nonvoting member of the committee. | 
      
      
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               (e)  A member of the committee serves at the pleasure of the  | 
      
      
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        appointing official. | 
      
      
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               (f)  The lieutenant governor and the speaker of the house of  | 
      
      
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        representatives shall each designate a presiding co-chair from  | 
      
      
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        among their respective appointments. | 
      
      
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               (g)  A member of the committee may not receive compensation  | 
      
      
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        for serving on the committee but is entitled to reimbursement for  | 
      
      
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        travel expenses incurred by the member while conducting the  | 
      
      
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        business of the committee as provided by the General Appropriations  | 
      
      
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        Act. | 
      
      
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               (h)  The committee shall: | 
      
      
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                     (1)  facilitate the transfer of functions under  | 
      
      
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        Sections 531.0201, 531.02011, and 531.02012 with minimal negative  | 
      
      
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        effect on the delivery of services to which those functions relate; | 
      
      
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                     (2)  with assistance from the commission and the state  | 
      
      
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        agencies and entities from which functions are transferred under  | 
      
      
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        Sections 531.0201, 531.02011, and 531.02012, advise the executive  | 
      
      
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        commissioner concerning: | 
      
      
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                           (A)  the functions to be transferred under this  | 
      
      
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        subchapter and the funds and obligations that are related to the  | 
      
      
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        functions; | 
      
      
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                           (B)  the transfer of the functions and related  | 
      
      
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        records, property, funds, and obligations by the state agencies and  | 
      
      
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        entities as provided by this subchapter; and | 
      
      
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                           (C)  the reorganization of the commission's  | 
      
      
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        administrative structure in accordance with this subchapter,  | 
      
      
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        Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,  | 
      
      
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        and other provisions enacted by the 84th Legislature that become  | 
      
      
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        law; and | 
      
      
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                     (3)  meet: | 
      
      
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                           (A)  during the period between the establishment  | 
      
      
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        of the committee and September 1, 2017, at least quarterly at the  | 
      
      
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        call of either chair, in addition to meeting at other times as  | 
      
      
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        determined appropriate by either chair; | 
      
      
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                           (B)  during the period between September 2, 2017,  | 
      
      
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        and December 31, 2019, at least semiannually at the call of either  | 
      
      
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        chair, in addition to meeting at other times as determined  | 
      
      
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        appropriate by either chair; and | 
      
      
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                           (C)  during the period between January 1, 2020,  | 
      
      
        | 
           
			 | 
        and August 31, 2023, at least annually at the call of either chair,  | 
      
      
        | 
           
			 | 
        in addition to meeting at other times as determined appropriate by  | 
      
      
        | 
           
			 | 
        either chair. | 
      
      
        | 
           
			 | 
               (i)  Chapter 551 applies to the committee. | 
      
      
        | 
           
			 | 
               (j)  The committee shall submit a report to the governor,  | 
      
      
        | 
           
			 | 
        lieutenant governor, speaker of the house of representatives, and  | 
      
      
        | 
           
			 | 
        legislature not later than December 1 of each even-numbered year.   | 
      
      
        | 
           
			 | 
        The report must include an update on the progress of and issues  | 
      
      
        | 
           
			 | 
        related to: | 
      
      
        | 
           
			 | 
                     (1)  the transfer of functions under Sections 531.0201,  | 
      
      
        | 
           
			 | 
        531.02011, and 531.02012 to the commission and the Department of  | 
      
      
        | 
           
			 | 
        Family and Protective Services, including the need for any  | 
      
      
        | 
           
			 | 
        additional statutory changes required to complete the transfer of  | 
      
      
        | 
           
			 | 
        prevention and early intervention services functions to the  | 
      
      
        | 
           
			 | 
        department in accordance with this subchapter; and | 
      
      
        | 
           
			 | 
                     (2)  the reorganization of the commission's  | 
      
      
        | 
           
			 | 
        administrative structure in accordance with this subchapter,  | 
      
      
        | 
           
			 | 
        Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,  | 
      
      
        | 
           
			 | 
        and other provisions enacted by the 84th Legislature that become  | 
      
      
        | 
           
			 | 
        law. | 
      
      
        | 
           
			 | 
               (k)  The committee is abolished September 1, 2023. | 
      
      
        | 
           
			 | 
               Sec. 531.02031.  STUDY ON CONTINUING NEED FOR CERTAIN STATE  | 
      
      
        | 
           
			 | 
        AGENCIES.  (a)  Not later than September 1, 2018, the executive  | 
      
      
        | 
           
			 | 
        commissioner shall conduct a study and submit a report and  | 
      
      
        | 
           
			 | 
        recommendation to the Health and Human Services Transition  | 
      
      
        | 
           
			 | 
        Legislative Oversight Committee regarding the need to continue the  | 
      
      
        | 
           
			 | 
        Department of Family and Protective Services and the Department of  | 
      
      
        | 
           
			 | 
        State Health Services as state agencies separate from the  | 
      
      
        | 
           
			 | 
        commission. | 
      
      
        | 
           
			 | 
               (b)  Not later than December 1, 2018, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Transition Legislative Oversight Committee shall review  | 
      
      
        | 
           
			 | 
        the report and recommendation submitted under Subsection (a) and  | 
      
      
        | 
           
			 | 
        submit a report and recommendation to the legislature regarding the  | 
      
      
        | 
           
			 | 
        need to continue the Department of Family and Protective Services  | 
      
      
        | 
           
			 | 
        and the Department of State Health Services as state agencies  | 
      
      
        | 
           
			 | 
        separate from the commission. | 
      
      
        | 
           
			 | 
               (c)  The Health and Human Services Transition Legislative  | 
      
      
        | 
           
			 | 
        Oversight Committee shall include the following in the report  | 
      
      
        | 
           
			 | 
        submitted to the legislature under Subsection (b): | 
      
      
        | 
           
			 | 
                     (1)  an evaluation of the transfer of prevention and  | 
      
      
        | 
           
			 | 
        early intervention services functions to the Department of Family  | 
      
      
        | 
           
			 | 
        and Protective Services as provided by this subchapter, including  | 
      
      
        | 
           
			 | 
        an evaluation of: | 
      
      
        | 
           
			 | 
                           (A)  any increased coordination and efficiency in  | 
      
      
        | 
           
			 | 
        the operation of the programs achieved as a result of the transfer; | 
      
      
        | 
           
			 | 
                           (B)  the department's coordination with other  | 
      
      
        | 
           
			 | 
        state agency programs providing similar prevention and early  | 
      
      
        | 
           
			 | 
        intervention services; and | 
      
      
        | 
           
			 | 
                           (C)  the department's interaction with  | 
      
      
        | 
           
			 | 
        stakeholders and other interested parties in performing the  | 
      
      
        | 
           
			 | 
        department's functions; and | 
      
      
        | 
           
			 | 
                     (2)  any recommendations concerning the transfer of  | 
      
      
        | 
           
			 | 
        prevention and early intervention services functions of the  | 
      
      
        | 
           
			 | 
        department to another state agency. | 
      
      
        | 
           
			 | 
               Sec. 531.0204.  TRANSITION PLAN FOR IMPLEMENTATION OF  | 
      
      
        | 
           
			 | 
        CONSOLIDATION.  (a)  The transfers of functions under Sections  | 
      
      
        | 
           
			 | 
        531.0201, 531.02011, and 531.02012 must be accomplished in  | 
      
      
        | 
           
			 | 
        accordance with a transition plan developed by the executive  | 
      
      
        | 
           
			 | 
        commissioner that ensures that the transfers and provision of  | 
      
      
        | 
           
			 | 
        health and human services in this state are accomplished in a  | 
      
      
        | 
           
			 | 
        careful and deliberative manner.  The transition plan must: | 
      
      
        | 
           
			 | 
                     (1)  include an outline of the commission's reorganized  | 
      
      
        | 
           
			 | 
        structure, including its divisions, in accordance with this  | 
      
      
        | 
           
			 | 
        subchapter, Sections 531.00561, 531.00562, and 531.008, and other  | 
      
      
        | 
           
			 | 
        provisions enacted by the 84th Legislature that become law; | 
      
      
        | 
           
			 | 
                     (2)  include details regarding movement of functions  | 
      
      
        | 
           
			 | 
        and a timeline that, subject to the periods prescribed by Section  | 
      
      
        | 
           
			 | 
        531.02001, specifies the dates on which: | 
      
      
        | 
           
			 | 
                           (A)  the transfers under Sections 531.0201,  | 
      
      
        | 
           
			 | 
        531.02011, and 531.02012 are to be made; | 
      
      
        | 
           
			 | 
                           (B)  each state agency or entity subject to  | 
      
      
        | 
           
			 | 
        abolition under Section 531.0202 is abolished; and | 
      
      
        | 
           
			 | 
                           (C)  each division of the commission is created  | 
      
      
        | 
           
			 | 
        and the division's director is appointed; | 
      
      
        | 
           
			 | 
                     (3)  for purposes of Sections 531.0201, 531.02011, and  | 
      
      
        | 
           
			 | 
        531.02013, define: | 
      
      
        | 
           
			 | 
                           (A)  client services functions; | 
      
      
        | 
           
			 | 
                           (B)  regulatory functions; | 
      
      
        | 
           
			 | 
                           (C)  public health functions; and | 
      
      
        | 
           
			 | 
                           (D)  functions related to: | 
      
      
        | 
           
			 | 
                                 (i)  state-operated institutions; | 
      
      
        | 
           
			 | 
                                 (ii)  child protective services; | 
      
      
        | 
           
			 | 
                                 (iii)  adult protective services; and | 
      
      
        | 
           
			 | 
                                 (iv)  prevention and early intervention  | 
      
      
        | 
           
			 | 
        services; and | 
      
      
        | 
           
			 | 
                     (4)  include an evaluation and determination of the  | 
      
      
        | 
           
			 | 
        feasibility and potential effectiveness of consolidating  | 
      
      
        | 
           
			 | 
        administrative support services into the commission in accordance  | 
      
      
        | 
           
			 | 
        with Section 531.02012, including a report of: | 
      
      
        | 
           
			 | 
                           (A)  the specific support services that will be  | 
      
      
        | 
           
			 | 
        consolidated within the commission; | 
      
      
        | 
           
			 | 
                           (B)  a timeline that details when specific support  | 
      
      
        | 
           
			 | 
        services will be consolidated, including a description of the  | 
      
      
        | 
           
			 | 
        support services that will transfer by the last day of each period  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.02001; and | 
      
      
        | 
           
			 | 
                           (C)  measures the commission will take to ensure  | 
      
      
        | 
           
			 | 
        information resources and contracting support services continue to  | 
      
      
        | 
           
			 | 
        operate properly across the health and human services system under  | 
      
      
        | 
           
			 | 
        any consolidation of administrative support services. | 
      
      
        | 
           
			 | 
               (b)  In defining the transferred functions under Subsection  | 
      
      
        | 
           
			 | 
        (a)(3), the executive commissioner shall ensure that: | 
      
      
        | 
           
			 | 
                     (1)  not later than the last day of the period  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.02001(1), all functions of a state agency  | 
      
      
        | 
           
			 | 
        or entity subject to abolition under Section 531.0202(a) are  | 
      
      
        | 
           
			 | 
        transferred to the commission or the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services, as applicable; | 
      
      
        | 
           
			 | 
                     (2)  the transferred prevention and early intervention  | 
      
      
        | 
           
			 | 
        services functions to the Department of Family and Protective  | 
      
      
        | 
           
			 | 
        Services include: | 
      
      
        | 
           
			 | 
                           (A)  prevention and early intervention services  | 
      
      
        | 
           
			 | 
        as defined under Section 265.001, Family Code; and | 
      
      
        | 
           
			 | 
                           (B)  programs that: | 
      
      
        | 
           
			 | 
                                 (i)  provide parent education; | 
      
      
        | 
           
			 | 
                                 (ii)  promote healthier parent-child  | 
      
      
        | 
           
			 | 
        relationships; or | 
      
      
        | 
           
			 | 
                                 (iii)  prevent family violence; and | 
      
      
        | 
           
			 | 
                     (3)  not later than the last day of the period  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.02001(2), all functions of the state  | 
      
      
        | 
           
			 | 
        agency and entity subject to abolition under Section 531.0202(b)  | 
      
      
        | 
           
			 | 
        are transferred to the commission. | 
      
      
        | 
           
			 | 
               (c)  In developing the transition plan, the executive  | 
      
      
        | 
           
			 | 
        commissioner shall, before submitting the plan to the Health and  | 
      
      
        | 
           
			 | 
        Human Services Transition Legislative Oversight Committee, the  | 
      
      
        | 
           
			 | 
        governor, and the Legislative Budget Board as required by  | 
      
      
        | 
           
			 | 
        Subsection (e): | 
      
      
        | 
           
			 | 
                     (1)  hold public hearings in various geographic areas  | 
      
      
        | 
           
			 | 
        in this state regarding the plan; and | 
      
      
        | 
           
			 | 
                     (2)  solicit and consider input from appropriate  | 
      
      
        | 
           
			 | 
        stakeholders. | 
      
      
        | 
           
			 | 
               (d)  Within the periods prescribed by Section 531.02001: | 
      
      
        | 
           
			 | 
                     (1)  the commission shall begin administering the  | 
      
      
        | 
           
			 | 
        respective functions assigned to the commission under Sections  | 
      
      
        | 
           
			 | 
        531.0201 and 531.02011, as applicable; and | 
      
      
        | 
           
			 | 
                     (2)  the Department of Family and Protective Services  | 
      
      
        | 
           
			 | 
        shall begin administering the functions assigned to the department  | 
      
      
        | 
           
			 | 
        under Section 531.0201. | 
      
      
        | 
           
			 | 
               (d-1)  The assumption of the administration of the functions  | 
      
      
        | 
           
			 | 
        transferred to the commission and the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services under Sections 531.0201 and 531.02011, as  | 
      
      
        | 
           
			 | 
        applicable, must be accomplished in accordance with the transition  | 
      
      
        | 
           
			 | 
        plan. | 
      
      
        | 
           
			 | 
               (e)  The executive commissioner shall submit the transition  | 
      
      
        | 
           
			 | 
        plan to the Health and Human Services Transition Legislative  | 
      
      
        | 
           
			 | 
        Oversight Committee, the governor, and the Legislative Budget Board  | 
      
      
        | 
           
			 | 
        not later than March 1, 2016.  The Health and Human Services  | 
      
      
        | 
           
			 | 
        Transition Legislative Oversight Committee shall comment on and  | 
      
      
        | 
           
			 | 
        make recommendations to the executive commissioner regarding any  | 
      
      
        | 
           
			 | 
        concerns or adjustments to the transition plan the committee  | 
      
      
        | 
           
			 | 
        determines appropriate.  The executive commissioner may not  | 
      
      
        | 
           
			 | 
        finalize the transition plan until the executive commissioner has  | 
      
      
        | 
           
			 | 
        reviewed and considered the comments and recommendations of the  | 
      
      
        | 
           
			 | 
        committee regarding the transition plan. | 
      
      
        | 
           
			 | 
               (f)  The executive commissioner shall publish in the Texas  | 
      
      
        | 
           
			 | 
        Register: | 
      
      
        | 
           
			 | 
                     (1)  the transition plan developed under this section; | 
      
      
        | 
           
			 | 
                     (2)  any adjustments to the transition plan recommended  | 
      
      
        | 
           
			 | 
        by the Health and Human Services Transition Legislative Oversight  | 
      
      
        | 
           
			 | 
        Committee; | 
      
      
        | 
           
			 | 
                     (3)  a statement regarding whether the executive  | 
      
      
        | 
           
			 | 
        commissioner adopted or otherwise incorporated the recommended  | 
      
      
        | 
           
			 | 
        adjustments; and | 
      
      
        | 
           
			 | 
                     (4)  if the executive commissioner did not adopt a  | 
      
      
        | 
           
			 | 
        recommended adjustment, the justification for not adopting the  | 
      
      
        | 
           
			 | 
        adjustment. | 
      
      
        | 
           
			 | 
               Sec. 531.02041.  REQUIRED REPORTS AFTER TRANSITION PLAN  | 
      
      
        | 
           
			 | 
        SUBMISSION.  If, at any time after the executive commissioner  | 
      
      
        | 
           
			 | 
        submits the transition plan in accordance with Section 531.0204(e),  | 
      
      
        | 
           
			 | 
        the executive commissioner proposes to make a substantial  | 
      
      
        | 
           
			 | 
        organizational change to the health and human services system that  | 
      
      
        | 
           
			 | 
        was not included in the transition plan, the executive commissioner  | 
      
      
        | 
           
			 | 
        shall, before implementing the proposed change, submit a report  | 
      
      
        | 
           
			 | 
        detailing the proposed change to the Health and Human Services  | 
      
      
        | 
           
			 | 
        Transition Legislative Oversight Committee. | 
      
      
        | 
           
			 | 
               Sec. 531.0205.  APPLICABILITY OF FORMER LAW.  An action  | 
      
      
        | 
           
			 | 
        brought or proceeding commenced before the date of a transfer  | 
      
      
        | 
           
			 | 
        prescribed by this subchapter in accordance with the transition  | 
      
      
        | 
           
			 | 
        plan required under Section 531.0204, including a contested case or  | 
      
      
        | 
           
			 | 
        a remand of an action or proceeding by a reviewing court, is  | 
      
      
        | 
           
			 | 
        governed by the laws and rules applicable to the action or  | 
      
      
        | 
           
			 | 
        proceeding before the transfer. | 
      
      
        | 
           
			 | 
               Sec. 531.0206.  LIMITED-SCOPE SUNSET REVIEW.  (a)  The  | 
      
      
        | 
           
			 | 
        Sunset Advisory Commission shall conduct a limited-scope review of  | 
      
      
        | 
           
			 | 
        the commission during the state fiscal biennium ending August 31,  | 
      
      
        | 
           
			 | 
        2023, in the manner provided by Chapter 325 (Texas Sunset Act).  The  | 
      
      
        | 
           
			 | 
        review must provide: | 
      
      
        | 
           
			 | 
                     (1)  an update on the commission's progress with  | 
      
      
        | 
           
			 | 
        respect to the consolidation of the health and human services  | 
      
      
        | 
           
			 | 
        system mandated by this subchapter, including the commission's  | 
      
      
        | 
           
			 | 
        compliance with the transition plan required under Section  | 
      
      
        | 
           
			 | 
        531.0204; | 
      
      
        | 
           
			 | 
                     (2)  an evaluation and recommendations regarding the  | 
      
      
        | 
           
			 | 
        need to continue the Department of Family and Protective Services  | 
      
      
        | 
           
			 | 
        and the Department of State Health Services as state agencies  | 
      
      
        | 
           
			 | 
        separate from the commission; and | 
      
      
        | 
           
			 | 
                     (3)  any additional information the Sunset Advisory  | 
      
      
        | 
           
			 | 
        Commission determines appropriate, including information regarding  | 
      
      
        | 
           
			 | 
        any additional organizational changes the Sunset Advisory  | 
      
      
        | 
           
			 | 
        Commission recommends. | 
      
      
        | 
           
			 | 
               (b)  The commission is not abolished solely because the  | 
      
      
        | 
           
			 | 
        commission is not explicitly continued following the review  | 
      
      
        | 
           
			 | 
        required by this section. | 
      
      
        | 
           
			 | 
               Sec. 531.0207.  EXPIRATION OF SUBCHAPTER.  This subchapter  | 
      
      
        | 
           
			 | 
        expires September 1, 2023. | 
      
      
        | 
           
			 | 
               (b)  Not later than October 1, 2015: | 
      
      
        | 
           
			 | 
                     (1)  the lieutenant governor, the speaker of the house  | 
      
      
        | 
           
			 | 
        of representatives, and the governor shall make the appointments to  | 
      
      
        | 
           
			 | 
        the Health and Human Services Transition Legislative Oversight  | 
      
      
        | 
           
			 | 
        Committee as required by Section 531.0203(c), Government Code, as  | 
      
      
        | 
           
			 | 
        added by this article; and | 
      
      
        | 
           
			 | 
                     (2)  the lieutenant governor and the speaker of the  | 
      
      
        | 
           
			 | 
        house of representatives shall each designate a presiding co-chair  | 
      
      
        | 
           
			 | 
        of the Health and Human Services Transition Legislative Oversight  | 
      
      
        | 
           
			 | 
        Committee in accordance with Section 531.0203(f), Government Code,  | 
      
      
        | 
           
			 | 
        as added by this article. | 
      
      
        | 
           
			 | 
               (c)  As soon as appropriate under the consolidation under  | 
      
      
        | 
           
			 | 
        Subchapter A-1, Chapter 531, Government Code, as added by this  | 
      
      
        | 
           
			 | 
        article, and in a manner that minimizes disruption of services, the  | 
      
      
        | 
           
			 | 
        Health and Human Services Commission shall take appropriate action  | 
      
      
        | 
           
			 | 
        to be designated as the state agency responsible under federal law  | 
      
      
        | 
           
			 | 
        for any state or federal program that is transferred to the  | 
      
      
        | 
           
			 | 
        commission in accordance with that subchapter and for which federal  | 
      
      
        | 
           
			 | 
        law requires the designation of a responsible state agency. | 
      
      
        | 
           
			 | 
               (d)  Notwithstanding Section 531.0201, 531.02011, or  | 
      
      
        | 
           
			 | 
        531.02012, Government Code, as added by this article, a power,  | 
      
      
        | 
           
			 | 
        duty, program, function, or activity of the Department of Assistive  | 
      
      
        | 
           
			 | 
        and Rehabilitative Services may not be transferred to the Health  | 
      
      
        | 
           
			 | 
        and Human Services Commission under that section if: | 
      
      
        | 
           
			 | 
                     (1)  H.B. No. 3294 or S.B. No. 208, 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, or similar legislation of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is enacted, becomes law, and  | 
      
      
        | 
           
			 | 
        provides for the transfer of the power, duty, program, function, or  | 
      
      
        | 
           
			 | 
        activity to the Texas Workforce Commission subject to receipt of  | 
      
      
        | 
           
			 | 
        any necessary federal approval or other authorization for the  | 
      
      
        | 
           
			 | 
        transfer to occur; and | 
      
      
        | 
           
			 | 
                     (2)  the Department of Assistive and Rehabilitative  | 
      
      
        | 
           
			 | 
        Services or the Texas Workforce Commission receives the necessary  | 
      
      
        | 
           
			 | 
        federal approval or other authorization to enable the transfer to  | 
      
      
        | 
           
			 | 
        occur not later than September 1, 2016. | 
      
      
        | 
           
			 | 
               (e)  If neither the Department of Assistive and  | 
      
      
        | 
           
			 | 
        Rehabilitative Services nor the Texas Workforce Commission  | 
      
      
        | 
           
			 | 
        receives the federal approval or other authorization described by  | 
      
      
        | 
           
			 | 
        Subsection (d) of this section to enable the transfer of the power,  | 
      
      
        | 
           
			 | 
        duty, program, function, or activity to the Texas Workforce  | 
      
      
        | 
           
			 | 
        Commission to occur not later than September 1, 2016, as provided by  | 
      
      
        | 
           
			 | 
        the legislation described by Subsection (d) of this section, the  | 
      
      
        | 
           
			 | 
        power, duty, program, function, or activity of the Department of  | 
      
      
        | 
           
			 | 
        Assistive and Rehabilitative Services transfers to the Health and  | 
      
      
        | 
           
			 | 
        Human Services Commission in accordance with Section 531.0201,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this article, and the transition plan  | 
      
      
        | 
           
			 | 
        required under Section 531.0204, Government Code, as added by this  | 
      
      
        | 
           
			 | 
        article. | 
      
      
        | 
           
			 | 
               SECTION 1.02.  Subchapter A, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Sections 531.0011 and 531.0012 to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0011.  REFERENCES IN LAW MEANING COMMISSION OR  | 
      
      
        | 
           
			 | 
        APPROPRIATE DIVISION.  (a)  In this code or in any other law, a  | 
      
      
        | 
           
			 | 
        reference to any of the following state agencies or entities in  | 
      
      
        | 
           
			 | 
        relation to a function transferred to the commission under Section  | 
      
      
        | 
           
			 | 
        531.0201, 531.02011, or 531.02012, as applicable, means the  | 
      
      
        | 
           
			 | 
        commission or the division of the commission performing the  | 
      
      
        | 
           
			 | 
        function previously performed by the state agency or entity before  | 
      
      
        | 
           
			 | 
        the transfer, as appropriate: | 
      
      
        | 
           
			 | 
                     (1)  health and human services agency; | 
      
      
        | 
           
			 | 
                     (2)  the Department of State Health Services; | 
      
      
        | 
           
			 | 
                     (3)  the Department of Aging and Disability Services; | 
      
      
        | 
           
			 | 
                     (4)  the Department of Family and Protective Services;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                     (5)  the Department of Assistive and Rehabilitative  | 
      
      
        | 
           
			 | 
        Services. | 
      
      
        | 
           
			 | 
               (b)  In this code or in any other law and notwithstanding any  | 
      
      
        | 
           
			 | 
        other law, a reference to any of the following state agencies or  | 
      
      
        | 
           
			 | 
        entities in relation to a function transferred to the commission  | 
      
      
        | 
           
			 | 
        under Section 531.0201, 531.02011, or 531.02012, as applicable,  | 
      
      
        | 
           
			 | 
        from the state agency that assumed the relevant function in  | 
      
      
        | 
           
			 | 
        accordance with Chapter 198 (H.B. 2292), Acts of the 78th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2003, means the commission or the  | 
      
      
        | 
           
			 | 
        division of the commission performing the function previously  | 
      
      
        | 
           
			 | 
        performed by the agency that assumed the function before the  | 
      
      
        | 
           
			 | 
        transfer, as appropriate: | 
      
      
        | 
           
			 | 
                     (1)  the Texas Department on Aging; | 
      
      
        | 
           
			 | 
                     (2)  the Texas Commission on Alcohol and Drug Abuse; | 
      
      
        | 
           
			 | 
                     (3)  the Texas Commission for the Blind; | 
      
      
        | 
           
			 | 
                     (4)  the Texas Commission for the Deaf and Hard of  | 
      
      
        | 
           
			 | 
        Hearing; | 
      
      
        | 
           
			 | 
                     (5)  the Texas Department of Health; | 
      
      
        | 
           
			 | 
                     (6)  the Texas Department of Human Services; | 
      
      
        | 
           
			 | 
                     (7)  the Texas Department of Mental Health and Mental  | 
      
      
        | 
           
			 | 
        Retardation; | 
      
      
        | 
           
			 | 
                     (8)  the Texas Rehabilitation Commission; | 
      
      
        | 
           
			 | 
                     (9)  the Texas Health Care Information Council; or | 
      
      
        | 
           
			 | 
                     (10)  the Interagency Council on Early Childhood  | 
      
      
        | 
           
			 | 
        Intervention. | 
      
      
        | 
           
			 | 
               (c)  In this code or in any other law and notwithstanding any  | 
      
      
        | 
           
			 | 
        other law, a reference to the Department of Protective and  | 
      
      
        | 
           
			 | 
        Regulatory Services in relation to a function transferred under  | 
      
      
        | 
           
			 | 
        Section 531.0201, 531.02011, or 531.02012, as applicable, from the  | 
      
      
        | 
           
			 | 
        Department of Family and Protective Services means the commission  | 
      
      
        | 
           
			 | 
        or the division of the commission performing the function  | 
      
      
        | 
           
			 | 
        previously performed by the Department of Family and Protective  | 
      
      
        | 
           
			 | 
        Services before the transfer. | 
      
      
        | 
           
			 | 
               (d)  This section applies notwithstanding Section  | 
      
      
        | 
           
			 | 
        531.001(4). | 
      
      
        | 
           
			 | 
               Sec. 531.0012.  REFERENCES IN LAW MEANING EXECUTIVE  | 
      
      
        | 
           
			 | 
        COMMISSIONER OR DESIGNEE.  (a)  In this code or in any other law, a  | 
      
      
        | 
           
			 | 
        reference to any of the following persons in relation to a function  | 
      
      
        | 
           
			 | 
        transferred to the commission under Section 531.0201, 531.02011, or  | 
      
      
        | 
           
			 | 
        531.02012, as applicable, means the executive commissioner, the  | 
      
      
        | 
           
			 | 
        executive commissioner's designee, or the director of the division  | 
      
      
        | 
           
			 | 
        of the commission performing the function previously performed by  | 
      
      
        | 
           
			 | 
        the state agency from which it was transferred and that the person  | 
      
      
        | 
           
			 | 
        represented, as appropriate: | 
      
      
        | 
           
			 | 
                     (1)  the commissioner of aging and disability services; | 
      
      
        | 
           
			 | 
                     (2)  the commissioner of assistive and rehabilitative  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (3)  the commissioner of state health services; or | 
      
      
        | 
           
			 | 
                     (4)  the commissioner of the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services. | 
      
      
        | 
           
			 | 
               (b)  In this code or in any other law and notwithstanding any  | 
      
      
        | 
           
			 | 
        other law, a reference to any of the following persons or entities  | 
      
      
        | 
           
			 | 
        in relation to a function transferred to the commission under  | 
      
      
        | 
           
			 | 
        Section 531.0201, 531.02011, or 531.02012, as applicable, from the  | 
      
      
        | 
           
			 | 
        state agency that assumed or continued to perform the function in  | 
      
      
        | 
           
			 | 
        accordance with Chapter 198 (H.B. 2292), Acts of the 78th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2003, means the executive  | 
      
      
        | 
           
			 | 
        commissioner or the director of the division of the commission  | 
      
      
        | 
           
			 | 
        performing the function performed before the enactment of Chapter  | 
      
      
        | 
           
			 | 
        198 (H.B. 2292) by the state agency that was abolished or renamed by  | 
      
      
        | 
           
			 | 
        Chapter 198 (H.B. 2292) and that the person or entity represented: | 
      
      
        | 
           
			 | 
                     (1)  an executive director or other chief  | 
      
      
        | 
           
			 | 
        administrative officer of a state agency listed in Section  | 
      
      
        | 
           
			 | 
        531.0011(b) or of the Department of Protective and Regulatory  | 
      
      
        | 
           
			 | 
        Services; or | 
      
      
        | 
           
			 | 
                     (2)  the governing body of a state agency listed in  | 
      
      
        | 
           
			 | 
        Section 531.0011(b) or of the Department of Protective and  | 
      
      
        | 
           
			 | 
        Regulatory Services. | 
      
      
        | 
           
			 | 
               (c)  A reference to any of the following councils means the  | 
      
      
        | 
           
			 | 
        executive commissioner or the executive commissioner's designee,  | 
      
      
        | 
           
			 | 
        as appropriate, and a function of any of the following councils is a  | 
      
      
        | 
           
			 | 
        function of that appropriate person: | 
      
      
        | 
           
			 | 
                     (1)  the Health and Human Services Council; | 
      
      
        | 
           
			 | 
                     (2)  the Aging and Disability Services Council; | 
      
      
        | 
           
			 | 
                     (3)  the Assistive and Rehabilitative Services  | 
      
      
        | 
           
			 | 
        Council; | 
      
      
        | 
           
			 | 
                     (4)  the Family and Protective Services Council; or | 
      
      
        | 
           
			 | 
                     (5)  the State Health Services Council. | 
      
      
        | 
           
			 | 
               SECTION 1.03.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0051 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0051.  HEALTH AND HUMAN SERVICES COMMISSION  | 
      
      
        | 
           
			 | 
        EXECUTIVE COUNCIL.  (a)  The Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        Executive Council is established to receive public input and advise  | 
      
      
        | 
           
			 | 
        the executive commissioner regarding the operation of the  | 
      
      
        | 
           
			 | 
        commission.  The council shall seek and receive public comment on: | 
      
      
        | 
           
			 | 
                     (1)  proposed rules; | 
      
      
        | 
           
			 | 
                     (2)  recommendations of advisory committees; | 
      
      
        | 
           
			 | 
                     (3)  legislative appropriations requests or other  | 
      
      
        | 
           
			 | 
        documents related to the appropriations process; | 
      
      
        | 
           
			 | 
                     (4)  the operation of health and human services  | 
      
      
        | 
           
			 | 
        programs; and | 
      
      
        | 
           
			 | 
                     (5)  other items the executive commissioner determines  | 
      
      
        | 
           
			 | 
        appropriate. | 
      
      
        | 
           
			 | 
               (b)  The council does not have authority to make  | 
      
      
        | 
           
			 | 
        administrative or policy decisions. | 
      
      
        | 
           
			 | 
               (c)  The council is composed of: | 
      
      
        | 
           
			 | 
                     (1)  the executive commissioner; | 
      
      
        | 
           
			 | 
                     (2)  the director of each division established by the  | 
      
      
        | 
           
			 | 
        executive commissioner under Section 531.008(c); | 
      
      
        | 
           
			 | 
                     (3)  the commissioner of a health and human services  | 
      
      
        | 
           
			 | 
        agency; and | 
      
      
        | 
           
			 | 
                     (4)  other individuals appointed by the executive  | 
      
      
        | 
           
			 | 
        commissioner as the executive commissioner determines necessary. | 
      
      
        | 
           
			 | 
               (c-1)  To the extent the executive commissioner appoints  | 
      
      
        | 
           
			 | 
        members to the council under Subsection (c)(4), the executive  | 
      
      
        | 
           
			 | 
        commissioner shall make every effort to ensure that those  | 
      
      
        | 
           
			 | 
        appointments result in a council membership that includes: | 
      
      
        | 
           
			 | 
                     (1)  a balanced representation of a broad range of  | 
      
      
        | 
           
			 | 
        health and human services industry and consumer interests; and | 
      
      
        | 
           
			 | 
                     (2)  representation from broad geographic regions of  | 
      
      
        | 
           
			 | 
        this state. | 
      
      
        | 
           
			 | 
               (d)  The executive commissioner serves as the chair of the  | 
      
      
        | 
           
			 | 
        council and shall adopt rules for the operation of the council. | 
      
      
        | 
           
			 | 
               (e)  Members of the council appointed under Subsection  | 
      
      
        | 
           
			 | 
        (c)(4): | 
      
      
        | 
           
			 | 
                     (1)  are subject to the restrictions applicable to  | 
      
      
        | 
           
			 | 
        service on the council provided by Section 531.006(a-1); and | 
      
      
        | 
           
			 | 
                     (2)  serve at the pleasure of the executive  | 
      
      
        | 
           
			 | 
        commissioner. | 
      
      
        | 
           
			 | 
               (f)  The council shall meet at the call of the executive  | 
      
      
        | 
           
			 | 
        commissioner at least quarterly.  The executive commissioner may  | 
      
      
        | 
           
			 | 
        call additional meetings as the executive commissioner determines  | 
      
      
        | 
           
			 | 
        necessary. | 
      
      
        | 
           
			 | 
               (g)  The council shall give public notice of the date, time,  | 
      
      
        | 
           
			 | 
        and place of each meeting held by the council.  A live video  | 
      
      
        | 
           
			 | 
        transmission of each meeting must be publicly available through the  | 
      
      
        | 
           
			 | 
        Internet. | 
      
      
        | 
           
			 | 
               (h)  A majority of the members of the council constitute a  | 
      
      
        | 
           
			 | 
        quorum for the transaction of business. | 
      
      
        | 
           
			 | 
               (i)  A council member appointed under Subsection (c)(4) may  | 
      
      
        | 
           
			 | 
        not receive compensation for service as a member of the council but  | 
      
      
        | 
           
			 | 
        is entitled to reimbursement for travel expenses incurred by the  | 
      
      
        | 
           
			 | 
        member while conducting the business of the council as provided by  | 
      
      
        | 
           
			 | 
        the General Appropriations Act. | 
      
      
        | 
           
			 | 
               (j)  The executive commissioner shall develop and implement  | 
      
      
        | 
           
			 | 
        policies that provide the public with a reasonable opportunity to  | 
      
      
        | 
           
			 | 
        appear before the council which may include holding meetings in  | 
      
      
        | 
           
			 | 
        various geographic areas across this state, or through allowing  | 
      
      
        | 
           
			 | 
        public comment at teleconferencing centers in various geographic  | 
      
      
        | 
           
			 | 
        areas across this state and to speak on any issue under the  | 
      
      
        | 
           
			 | 
        jurisdiction of the commission. | 
      
      
        | 
           
			 | 
               (k)  A meeting of individual members of the council that  | 
      
      
        | 
           
			 | 
        occurs in the ordinary course of commission operation is not a  | 
      
      
        | 
           
			 | 
        meeting of the council, and the requirements of Subsection (g) do  | 
      
      
        | 
           
			 | 
        not apply. | 
      
      
        | 
           
			 | 
               (l)  This section does not limit the authority of the  | 
      
      
        | 
           
			 | 
        executive commissioner to establish additional advisory committees  | 
      
      
        | 
           
			 | 
        or councils. | 
      
      
        | 
           
			 | 
               (m)  Chapters 551 and 2110 do not apply to the council. | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the executive commissioner of  | 
      
      
        | 
           
			 | 
        the Health and Human Services Commission appoints division  | 
      
      
        | 
           
			 | 
        directors in accordance with Section 531.00561, Government Code, as  | 
      
      
        | 
           
			 | 
        added by this article, the Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        Executive Council established under Section 531.0051, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article, shall begin operation. | 
      
      
        | 
           
			 | 
               SECTION 1.04.  The heading to Section 531.0055, Government  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0055.  EXECUTIVE COMMISSIONER:  GENERAL  | 
      
      
        | 
           
			 | 
        RESPONSIBILITY FOR HEALTH AND HUMAN SERVICES SYSTEM [AGENCIES]. | 
      
      
        | 
           
			 | 
               SECTION 1.05.  Section 531.0055, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by amending Subsection (b), as amended by S.B. 219, Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, and amending Subsections (d),  | 
      
      
        | 
           
			 | 
        (e), (f), (g), (h), (k), and (l) to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The commission shall: | 
      
      
        | 
           
			 | 
                     (1)  supervise the administration and operation of  | 
      
      
        | 
           
			 | 
        Medicaid, including the administration and operation of the  | 
      
      
        | 
           
			 | 
        Medicaid managed care system in accordance with Section 531.021; | 
      
      
        | 
           
			 | 
                     (2)  perform information systems planning and  | 
      
      
        | 
           
			 | 
        management for the health and human services system [agencies]  | 
      
      
        | 
           
			 | 
        under Section 531.0273, with: | 
      
      
        | 
           
			 | 
                           (A)  the provision of information technology  | 
      
      
        | 
           
			 | 
        services for the [at] health and human services system [agencies]  | 
      
      
        | 
           
			 | 
        considered to be a centralized administrative support service  | 
      
      
        | 
           
			 | 
        either performed by commission personnel or performed under a  | 
      
      
        | 
           
			 | 
        contract with the commission; and | 
      
      
        | 
           
			 | 
                           (B)  an emphasis on research and implementation on  | 
      
      
        | 
           
			 | 
        a demonstration or pilot basis of appropriate and efficient uses of  | 
      
      
        | 
           
			 | 
        new and existing technology to improve the operation of the health  | 
      
      
        | 
           
			 | 
        and human services system [agencies] and delivery of health and  | 
      
      
        | 
           
			 | 
        human services; | 
      
      
        | 
           
			 | 
                     (3)  monitor and ensure the effective use of all  | 
      
      
        | 
           
			 | 
        federal funds received for the [by a] health and human services  | 
      
      
        | 
           
			 | 
        system [agency] in accordance with Section 531.028 and the General  | 
      
      
        | 
           
			 | 
        Appropriations Act; | 
      
      
        | 
           
			 | 
                     (4)  implement Texas Integrated Enrollment Services as  | 
      
      
        | 
           
			 | 
        required by Subchapter F, except that notwithstanding Subchapter F,  | 
      
      
        | 
           
			 | 
        determining eligibility for benefits under the following programs  | 
      
      
        | 
           
			 | 
        is the responsibility of and must be centralized by the commission: | 
      
      
        | 
           
			 | 
                           (A)  the child health plan program; | 
      
      
        | 
           
			 | 
                           (B)  the financial assistance program under  | 
      
      
        | 
           
			 | 
        Chapter 31, Human Resources Code; | 
      
      
        | 
           
			 | 
                           (C)  Medicaid; | 
      
      
        | 
           
			 | 
                           (D)  the supplemental nutrition assistance  | 
      
      
        | 
           
			 | 
        program under Chapter 33, Human Resources Code; | 
      
      
        | 
           
			 | 
                           (E)  long-term care services, as defined by  | 
      
      
        | 
           
			 | 
        Section 22.0011, Human Resources Code; | 
      
      
        | 
           
			 | 
                           (F)  community-based support services identified  | 
      
      
        | 
           
			 | 
        or provided in accordance with Section 531.02481; and | 
      
      
        | 
           
			 | 
                           (G)  other health and human services programs, as  | 
      
      
        | 
           
			 | 
        appropriate; and | 
      
      
        | 
           
			 | 
                     (5)  implement programs intended to prevent family  | 
      
      
        | 
           
			 | 
        violence and provide services to victims of family violence. | 
      
      
        | 
           
			 | 
               (d)  After implementation of the commission's duties under  | 
      
      
        | 
           
			 | 
        Subsections (b) and (c), the commission shall implement the powers  | 
      
      
        | 
           
			 | 
        and duties given to the commission under Section 531.0248.  Nothing  | 
      
      
        | 
           
			 | 
        in the priorities established by this section is intended to limit  | 
      
      
        | 
           
			 | 
        the authority of the commission to work simultaneously to achieve  | 
      
      
        | 
           
			 | 
        the multiple tasks assigned to the commission in this section, when  | 
      
      
        | 
           
			 | 
        such an approach is beneficial in the judgment of the commission.   | 
      
      
        | 
           
			 | 
        The commission shall plan and implement an efficient and effective  | 
      
      
        | 
           
			 | 
        centralized system of administrative support services for the  | 
      
      
        | 
           
			 | 
        health and human services system in accordance with Section  | 
      
      
        | 
           
			 | 
        531.00553 [agencies].  [The performance of administrative support 
         | 
      
      
        | 
           
			 | 
        
          services for health and human services agencies is the 
         | 
      
      
        | 
           
			 | 
        
          responsibility of the commission.  The term "administrative support 
         | 
      
      
        | 
           
			 | 
        
          services" includes, but is not limited to, strategic planning and 
         | 
      
      
        | 
           
			 | 
        
          evaluation, audit, legal, human resources, information resources, 
         | 
      
      
        | 
           
			 | 
        
          purchasing, contract management, financial management, and 
         | 
      
      
        | 
           
			 | 
        
          accounting services.] | 
      
      
        | 
           
			 | 
               (e)  Notwithstanding any other law, the executive  | 
      
      
        | 
           
			 | 
        commissioner shall adopt rules and policies for the operation of  | 
      
      
        | 
           
			 | 
        and provision of health and human services by the health and human  | 
      
      
        | 
           
			 | 
        services system [agencies].  In addition, the executive  | 
      
      
        | 
           
			 | 
        commissioner, as necessary to perform the functions described by  | 
      
      
        | 
           
			 | 
        Subsections (b), (c), and (d) and Section 531.00553 in  | 
      
      
        | 
           
			 | 
        implementation of applicable policies established for a health and  | 
      
      
        | 
           
			 | 
        human services system [an] agency or division, as applicable, by  | 
      
      
        | 
           
			 | 
        the executive commissioner, shall: | 
      
      
        | 
           
			 | 
                     (1)  manage and direct the operations of each [health 
         | 
      
      
        | 
           
			 | 
        
          and human services] agency or division, as applicable; | 
      
      
        | 
           
			 | 
                     (2)  supervise and direct the activities of each agency  | 
      
      
        | 
           
			 | 
        or division director, as applicable; and | 
      
      
        | 
           
			 | 
                     (3)  be responsible for the administrative supervision  | 
      
      
        | 
           
			 | 
        of the internal audit program for the [all] health and human  | 
      
      
        | 
           
			 | 
        services system agencies, including: | 
      
      
        | 
           
			 | 
                           (A)  selecting the director of internal audit; | 
      
      
        | 
           
			 | 
                           (B)  ensuring that the director of internal audit  | 
      
      
        | 
           
			 | 
        reports directly to the executive commissioner; and | 
      
      
        | 
           
			 | 
                           (C)  ensuring the independence of the internal  | 
      
      
        | 
           
			 | 
        audit function. | 
      
      
        | 
           
			 | 
               (f)  The operational authority and responsibility of the  | 
      
      
        | 
           
			 | 
        executive commissioner for purposes of Subsection (e) for [at] each  | 
      
      
        | 
           
			 | 
        health and human services system agency or division, as applicable,  | 
      
      
        | 
           
			 | 
        includes authority over and responsibility for the: | 
      
      
        | 
           
			 | 
                     (1)  management of the daily operations of the agency  | 
      
      
        | 
           
			 | 
        or division, including the organization and management of the  | 
      
      
        | 
           
			 | 
        agency or division and its [agency] operating procedures; | 
      
      
        | 
           
			 | 
                     (2)  allocation of resources within the agency or  | 
      
      
        | 
           
			 | 
        division, including use of federal funds received by the agency or  | 
      
      
        | 
           
			 | 
        division; | 
      
      
        | 
           
			 | 
                     (3)  personnel and employment policies; | 
      
      
        | 
           
			 | 
                     (4)  contracting, purchasing, and related policies,  | 
      
      
        | 
           
			 | 
        subject to this chapter and other laws relating to contracting and  | 
      
      
        | 
           
			 | 
        purchasing by a state agency; | 
      
      
        | 
           
			 | 
                     (5)  information resources systems used by the agency  | 
      
      
        | 
           
			 | 
        or division; | 
      
      
        | 
           
			 | 
                     (6)  location of [agency] facilities; and | 
      
      
        | 
           
			 | 
                     (7)  coordination of agency or division activities with  | 
      
      
        | 
           
			 | 
        activities of other components of the health and human services  | 
      
      
        | 
           
			 | 
        system and state agencies[, including other health and human 
         | 
      
      
        | 
           
			 | 
        
          services agencies]. | 
      
      
        | 
           
			 | 
               (g)  Notwithstanding any other law, the operational  | 
      
      
        | 
           
			 | 
        authority and responsibility of the executive commissioner for  | 
      
      
        | 
           
			 | 
        purposes of Subsection (e) for [at] each health and human services  | 
      
      
        | 
           
			 | 
        system agency or division, as applicable, includes the authority  | 
      
      
        | 
           
			 | 
        and responsibility to adopt or approve, subject to applicable  | 
      
      
        | 
           
			 | 
        limitations, any rate of payment or similar provision required by  | 
      
      
        | 
           
			 | 
        law to be adopted or approved by a health and human services system  | 
      
      
        | 
           
			 | 
        [the] agency. | 
      
      
        | 
           
			 | 
               (h)  For each health and human services system agency and  | 
      
      
        | 
           
			 | 
        division, as applicable, the executive commissioner shall  | 
      
      
        | 
           
			 | 
        implement a program to evaluate and supervise [the] daily  | 
      
      
        | 
           
			 | 
        operations [of the agency].  The program must include measurable  | 
      
      
        | 
           
			 | 
        performance objectives for each agency or division director and  | 
      
      
        | 
           
			 | 
        adequate reporting requirements to permit the executive  | 
      
      
        | 
           
			 | 
        commissioner to perform the duties assigned to the executive  | 
      
      
        | 
           
			 | 
        commissioner under this section. | 
      
      
        | 
           
			 | 
               (k)  The executive commissioner and each agency director  | 
      
      
        | 
           
			 | 
        shall enter into a memorandum of understanding in the manner  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.0163 that: | 
      
      
        | 
           
			 | 
                     (1)  clearly defines the responsibilities of the agency  | 
      
      
        | 
           
			 | 
        director and the executive commissioner, including: | 
      
      
        | 
           
			 | 
                           (A)  the responsibility of the agency director to  | 
      
      
        | 
           
			 | 
        report to the governor and to report to and implement policies of  | 
      
      
        | 
           
			 | 
        the executive commissioner; and | 
      
      
        | 
           
			 | 
                           (B)  the extent to which the agency director acts  | 
      
      
        | 
           
			 | 
        as a liaison between the agency and the commission; | 
      
      
        | 
           
			 | 
                     (2)  establishes the program of evaluation and  | 
      
      
        | 
           
			 | 
        supervision of daily operations required by Subsection (h); [and] | 
      
      
        | 
           
			 | 
                     (3)  describes each delegation of a power or duty made  | 
      
      
        | 
           
			 | 
        to an agency director; and | 
      
      
        | 
           
			 | 
                     (4)  ensures that the commission and each health and  | 
      
      
        | 
           
			 | 
        human services agency has access to databases or other information  | 
      
      
        | 
           
			 | 
        maintained or kept by each other agency that is necessary for the  | 
      
      
        | 
           
			 | 
        operation of a function performed by the commission or the health  | 
      
      
        | 
           
			 | 
        and human services agency, to the extent not prohibited by other law  | 
      
      
        | 
           
			 | 
        [under Subsection (i) or other law]. | 
      
      
        | 
           
			 | 
               (l)  Notwithstanding any other law, the executive  | 
      
      
        | 
           
			 | 
        commissioner has the authority to adopt policies and rules  | 
      
      
        | 
           
			 | 
        governing the delivery of services to persons who are served by the  | 
      
      
        | 
           
			 | 
        [each] health and human services system [agency] and the rights and  | 
      
      
        | 
           
			 | 
        duties of persons who are served or regulated by the system [each 
         | 
      
      
        | 
           
			 | 
        
          agency]. | 
      
      
        | 
           
			 | 
               SECTION 1.06.  Subchapter A, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 531.00553 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.00553.  ADMINISTRATIVE SUPPORT SERVICES.  (a)  In  | 
      
      
        | 
           
			 | 
        this section, the term "administrative support services" includes  | 
      
      
        | 
           
			 | 
        strategic planning and evaluation, audit, legal, human resources,  | 
      
      
        | 
           
			 | 
        information resources, purchasing, contracting, financial  | 
      
      
        | 
           
			 | 
        management, and accounting services. | 
      
      
        | 
           
			 | 
               (b)  Subject to Subsection (c), the executive commissioner  | 
      
      
        | 
           
			 | 
        shall plan and implement an efficient and effective centralized  | 
      
      
        | 
           
			 | 
        system of administrative support services for the health and human  | 
      
      
        | 
           
			 | 
        services system.  The performance of administrative support  | 
      
      
        | 
           
			 | 
        services for the health and human services system is the  | 
      
      
        | 
           
			 | 
        responsibility of the commission. | 
      
      
        | 
           
			 | 
               (c)  The executive commissioner shall plan and implement the  | 
      
      
        | 
           
			 | 
        centralized system of administrative support services in  | 
      
      
        | 
           
			 | 
        accordance with the following principles and requirements: | 
      
      
        | 
           
			 | 
                     (1)  the executive commissioner shall consult with the  | 
      
      
        | 
           
			 | 
        commissioner of each agency and with the director of each division  | 
      
      
        | 
           
			 | 
        within the health and human services system to ensure the  | 
      
      
        | 
           
			 | 
        commission is responsive to and addresses agency or division needs; | 
      
      
        | 
           
			 | 
                     (2)  consolidation of staff providing the support  | 
      
      
        | 
           
			 | 
        services must be done in a manner that ensures each agency or  | 
      
      
        | 
           
			 | 
        division within the health and human services system that loses  | 
      
      
        | 
           
			 | 
        staff as a result of the centralization of support services has  | 
      
      
        | 
           
			 | 
        adequate resources to carry out functions of the agency or  | 
      
      
        | 
           
			 | 
        division, as appropriate; and | 
      
      
        | 
           
			 | 
                     (3)  the commission and each agency or division within  | 
      
      
        | 
           
			 | 
        the health and human services system shall, as appropriate, enter  | 
      
      
        | 
           
			 | 
        into a memorandum of understanding or other written agreement for  | 
      
      
        | 
           
			 | 
        the purpose of ensuring accountability for the provision of  | 
      
      
        | 
           
			 | 
        administrative services by clearly detailing: | 
      
      
        | 
           
			 | 
                           (A)  the responsibilities of each agency or  | 
      
      
        | 
           
			 | 
        division and the commission; | 
      
      
        | 
           
			 | 
                           (B)  the points of contact for each agency or  | 
      
      
        | 
           
			 | 
        division and the commission; | 
      
      
        | 
           
			 | 
                           (C)  the transfer of personnel among each agency  | 
      
      
        | 
           
			 | 
        or division and the commission; | 
      
      
        | 
           
			 | 
                           (D)  the budgetary effect the agreement has on  | 
      
      
        | 
           
			 | 
        each agency or division and the commission; and | 
      
      
        | 
           
			 | 
                           (E)  any other item determined by the executive  | 
      
      
        | 
           
			 | 
        commissioner to be critical for maintaining accountability. | 
      
      
        | 
           
			 | 
               (d)  The memorandum of understanding or other agreement  | 
      
      
        | 
           
			 | 
        required under Subsection (c), if appropriate, may be combined with  | 
      
      
        | 
           
			 | 
        the memorandum of understanding required under Section  | 
      
      
        | 
           
			 | 
        531.0055(k). | 
      
      
        | 
           
			 | 
               SECTION 1.07.  Section 531.0056, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Subsection (g) to read as follows: | 
      
      
        | 
           
			 | 
               (g)  The requirements of this section apply with respect to a  | 
      
      
        | 
           
			 | 
        state agency listed in Section 531.001(4) only until the agency is  | 
      
      
        | 
           
			 | 
        abolished under Section 531.0202. | 
      
      
        | 
           
			 | 
               SECTION 1.08.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Sections 531.00561 and 531.00562 to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.00561.  APPOINTMENT AND QUALIFICATIONS OF DIVISION  | 
      
      
        | 
           
			 | 
        DIRECTORS.  (a)  The executive commissioner shall appoint a  | 
      
      
        | 
           
			 | 
        director for each division established within the commission under  | 
      
      
        | 
           
			 | 
        Section 531.008, except that the director of the office of  | 
      
      
        | 
           
			 | 
        inspector general is appointed in accordance with Section  | 
      
      
        | 
           
			 | 
        531.102(a-1). | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner shall: | 
      
      
        | 
           
			 | 
                     (1)  develop clear qualifications for the director of  | 
      
      
        | 
           
			 | 
        each division appointed under this section that ensure that an  | 
      
      
        | 
           
			 | 
        individual appointed director has: | 
      
      
        | 
           
			 | 
                           (A)  demonstrated experience in fields relevant  | 
      
      
        | 
           
			 | 
        to the director position; and | 
      
      
        | 
           
			 | 
                           (B)  executive-level administrative and  | 
      
      
        | 
           
			 | 
        leadership experience; and | 
      
      
        | 
           
			 | 
                     (2)  ensure the qualifications developed under  | 
      
      
        | 
           
			 | 
        Subdivision (1) are publicly available. | 
      
      
        | 
           
			 | 
               Sec. 531.00562.  DIVISION DIRECTOR DUTIES.  (a)  The  | 
      
      
        | 
           
			 | 
        executive commissioner shall clearly define the duties and  | 
      
      
        | 
           
			 | 
        responsibilities of a division director and develop clear policies  | 
      
      
        | 
           
			 | 
        for the delegation of specific decision-making authority,  | 
      
      
        | 
           
			 | 
        including budget authority, to division directors. | 
      
      
        | 
           
			 | 
               (b)  The delegation of decision-making authority should be  | 
      
      
        | 
           
			 | 
        significant enough to ensure the efficient administration of the  | 
      
      
        | 
           
			 | 
        commission's programs and services. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall implement Sections 531.00561 and  | 
      
      
        | 
           
			 | 
        531.00562, Government Code, as added by this article, on the date  | 
      
      
        | 
           
			 | 
        specified in the transition plan required under Section 531.0204,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.09.  (a)  Section 531.008, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.008.  DIVISIONS OF COMMISSION.  (a)  The [Subject 
         | 
      
      
        | 
           
			 | 
        
          to Subsection (c), the] executive commissioner shall [may]  | 
      
      
        | 
           
			 | 
        establish divisions within the commission along functional lines as  | 
      
      
        | 
           
			 | 
        necessary for effective administration and for the discharge of the  | 
      
      
        | 
           
			 | 
        commission's functions. | 
      
      
        | 
           
			 | 
               (b)  The [Subject to Subsection (c), the] executive  | 
      
      
        | 
           
			 | 
        commissioner may allocate and reallocate functions among the  | 
      
      
        | 
           
			 | 
        commission's divisions. | 
      
      
        | 
           
			 | 
               (c)  Notwithstanding Subsections (a) and (b), the [The]  | 
      
      
        | 
           
			 | 
        executive commissioner shall establish the following divisions and  | 
      
      
        | 
           
			 | 
        offices within the commission: | 
      
      
        | 
           
			 | 
                     (1)  a medical and social services division [the 
         | 
      
      
        | 
           
			 | 
        
          eligibility services division to make eligibility determinations 
         | 
      
      
        | 
           
			 | 
        
          for services provided through the commission or a health and human 
         | 
      
      
        | 
           
			 | 
        
          services agency related to:
         | 
      
      
        | 
           
			 | 
                           [(A)  the child health plan program;
         | 
      
      
        | 
           
			 | 
                           [(B)
           
           
          the financial assistance program under 
         | 
      
      
        | 
           
			 | 
        
          Chapter 31, Human Resources Code;
         | 
      
      
        | 
           
			 | 
                           [(C)  Medicaid;
         | 
      
      
        | 
           
			 | 
                           [(D)
           
           
          the supplemental nutrition assistance 
         | 
      
      
        | 
           
			 | 
        
          program under Chapter 33, Human Resources Code;
         | 
      
      
        | 
           
			 | 
                           [(E)
           
           
          long-term care services, as defined by 
         | 
      
      
        | 
           
			 | 
        
          Section 22.0011, Human Resources Code;
         | 
      
      
        | 
           
			 | 
                           [(F)
           
           
          community-based support services identified 
         | 
      
      
        | 
           
			 | 
        
          or provided in accordance with Section 531.02481; and
         | 
      
      
        | 
           
			 | 
                           [(G)
           
           
          other health and human services programs, as 
         | 
      
      
        | 
           
			 | 
        
          appropriate]; | 
      
      
        | 
           
			 | 
                     (2)  the office of inspector general to perform fraud  | 
      
      
        | 
           
			 | 
        and abuse investigation and enforcement functions as provided by  | 
      
      
        | 
           
			 | 
        Subchapter C and other law; | 
      
      
        | 
           
			 | 
                     (3)  a regulatory division [the office of the ombudsman 
         | 
      
      
        | 
           
			 | 
        
          to:
         | 
      
      
        | 
           
			 | 
                           [(A)
           
           
          provide dispute resolution services for the 
         | 
      
      
        | 
           
			 | 
        
          commission and the health and human services agencies; and
         | 
      
      
        | 
           
			 | 
                           [(B)
           
           
          perform consumer protection functions 
         | 
      
      
        | 
           
			 | 
        
          related to health and human services]; | 
      
      
        | 
           
			 | 
                     (4)  an administrative division [a purchasing division 
         | 
      
      
        | 
           
			 | 
        
          as provided by Section 531.017]; and | 
      
      
        | 
           
			 | 
                     (5)  a facilities division for the purpose of  | 
      
      
        | 
           
			 | 
        administering state facilities, including state hospitals and  | 
      
      
        | 
           
			 | 
        state supported living centers [an internal audit division to 
         | 
      
      
        | 
           
			 | 
        
          conduct a program of internal auditing in accordance with Chapter 
         | 
      
      
        | 
           
			 | 
        
          2102]. | 
      
      
        | 
           
			 | 
               (d)  Subsection (c) does not prohibit the executive  | 
      
      
        | 
           
			 | 
        commissioner from establishing additional divisions under  | 
      
      
        | 
           
			 | 
        Subsection (a) as the executive commissioner determines  | 
      
      
        | 
           
			 | 
        appropriate.  This subsection and Subsection (c) expire September  | 
      
      
        | 
           
			 | 
        1, 2023. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall establish divisions within the  | 
      
      
        | 
           
			 | 
        commission as required under Section 531.008, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by this article, on the date specified in the transition  | 
      
      
        | 
           
			 | 
        plan required under Section 531.0204, Government Code, as added by  | 
      
      
        | 
           
			 | 
        this article. | 
      
      
        | 
           
			 | 
               SECTION 1.10.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0083 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0083.  OFFICE OF POLICY AND PERFORMANCE.  (a)  In  | 
      
      
        | 
           
			 | 
        this section, "office" means the office of policy and performance  | 
      
      
        | 
           
			 | 
        established by this section. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner shall establish the office  | 
      
      
        | 
           
			 | 
        of policy and performance as an executive-level office designed to  | 
      
      
        | 
           
			 | 
        coordinate policy and performance efforts across the health and  | 
      
      
        | 
           
			 | 
        human services system.  To coordinate those efforts, the office  | 
      
      
        | 
           
			 | 
        shall: | 
      
      
        | 
           
			 | 
                     (1)  develop a performance management system; | 
      
      
        | 
           
			 | 
                     (2)  take the lead in supporting and providing  | 
      
      
        | 
           
			 | 
        oversight for the implementation of major policy changes and in  | 
      
      
        | 
           
			 | 
        managing organizational changes; and | 
      
      
        | 
           
			 | 
                     (3)  act as a centralized body of experts within the  | 
      
      
        | 
           
			 | 
        commission that offers program evaluation and process improvement  | 
      
      
        | 
           
			 | 
        expertise. | 
      
      
        | 
           
			 | 
               (c)  In developing a performance management system under  | 
      
      
        | 
           
			 | 
        Subsection (b)(1), the office shall: | 
      
      
        | 
           
			 | 
                     (1)  gather, measure, and evaluate performance  | 
      
      
        | 
           
			 | 
        measures and accountability systems used by the health and human  | 
      
      
        | 
           
			 | 
        services system; | 
      
      
        | 
           
			 | 
                     (2)  develop new and refined performance measures as  | 
      
      
        | 
           
			 | 
        appropriate; and | 
      
      
        | 
           
			 | 
                     (3)  establish targeted, high-level system metrics  | 
      
      
        | 
           
			 | 
        that are capable of measuring and communicating overall performance  | 
      
      
        | 
           
			 | 
        and achievement of goals by the health and human services system to  | 
      
      
        | 
           
			 | 
        both internal and public audiences through various mechanisms,  | 
      
      
        | 
           
			 | 
        including the Internet. | 
      
      
        | 
           
			 | 
               (d)  In providing support and oversight for the  | 
      
      
        | 
           
			 | 
        implementation of policy or organizational changes within the  | 
      
      
        | 
           
			 | 
        health and human services system under Subsection (b)(2), the  | 
      
      
        | 
           
			 | 
        office shall: | 
      
      
        | 
           
			 | 
                     (1)  ensure individuals receiving services from or  | 
      
      
        | 
           
			 | 
        participating in programs administered through the health and human  | 
      
      
        | 
           
			 | 
        services system do not lose visibility or attention during the  | 
      
      
        | 
           
			 | 
        implementation of any new policy or organizational change by: | 
      
      
        | 
           
			 | 
                           (A)  establishing timelines and milestones for  | 
      
      
        | 
           
			 | 
        any transition; | 
      
      
        | 
           
			 | 
                           (B)  supporting staff of the health and human  | 
      
      
        | 
           
			 | 
        services system in any change between service delivery methods; and | 
      
      
        | 
           
			 | 
                           (C)  providing feedback to executive management  | 
      
      
        | 
           
			 | 
        on technical assistance and other support needed to achieve a  | 
      
      
        | 
           
			 | 
        successful transition; | 
      
      
        | 
           
			 | 
                     (2)  address cultural differences among staff of the  | 
      
      
        | 
           
			 | 
        health and human services system; and | 
      
      
        | 
           
			 | 
                     (3)  track and oversee changes in policy or  | 
      
      
        | 
           
			 | 
        organization mandated by legislation or administrative rule. | 
      
      
        | 
           
			 | 
               (e)  In acting as a centralized body of experts under  | 
      
      
        | 
           
			 | 
        Subsection (b)(3), the office shall: | 
      
      
        | 
           
			 | 
                     (1)  for the health and human services system, provide  | 
      
      
        | 
           
			 | 
        program evaluation and process improvement guidance both generally  | 
      
      
        | 
           
			 | 
        and for specific projects identified with executive or stakeholder  | 
      
      
        | 
           
			 | 
        input or through risk analysis; and | 
      
      
        | 
           
			 | 
                     (2)  identify and monitor cross-functional efforts  | 
      
      
        | 
           
			 | 
        involving different administrative components within the health  | 
      
      
        | 
           
			 | 
        and human services system and the establishment of cross-functional  | 
      
      
        | 
           
			 | 
        teams when necessary to improve the coordination of services  | 
      
      
        | 
           
			 | 
        provided through the system. | 
      
      
        | 
           
			 | 
               (f)  The executive commissioner may otherwise develop the  | 
      
      
        | 
           
			 | 
        office's structure and duties as the executive commissioner  | 
      
      
        | 
           
			 | 
        determines appropriate. | 
      
      
        | 
           
			 | 
               (b)  As soon as practicable after the effective date of this  | 
      
      
        | 
           
			 | 
        article but not later than October 1, 2015, the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission shall  | 
      
      
        | 
           
			 | 
        establish the office of policy and performance as an executive  | 
      
      
        | 
           
			 | 
        office within the commission as required under Section 531.0083,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (c)  The office of policy and performance required under  | 
      
      
        | 
           
			 | 
        Section 531.0083, Government Code, as added by this article, shall  | 
      
      
        | 
           
			 | 
        assist the Health and Human Services Transition Legislative  | 
      
      
        | 
           
			 | 
        Oversight Committee created under Section 531.0203, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article, by performing the functions  | 
      
      
        | 
           
			 | 
        required of the office under Section 531.0083(b)(2), Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article, with respect to the consolidation  | 
      
      
        | 
           
			 | 
        mandated by Subchapter A-1, Chapter 531, Government Code, as added  | 
      
      
        | 
           
			 | 
        by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.11.  Section 531.017, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.017.  PURCHASING UNIT [DIVISION].  (a)  The  | 
      
      
        | 
           
			 | 
        commission shall establish a purchasing unit [division] for the  | 
      
      
        | 
           
			 | 
        management of administrative activities related to the purchasing  | 
      
      
        | 
           
			 | 
        functions within [of the commission and] the health and human  | 
      
      
        | 
           
			 | 
        services system [agencies]. | 
      
      
        | 
           
			 | 
               (b)  The purchasing unit [division] shall: | 
      
      
        | 
           
			 | 
                     (1)  seek to achieve targeted cost reductions, increase  | 
      
      
        | 
           
			 | 
        process efficiencies, improve technological support and customer  | 
      
      
        | 
           
			 | 
        services, and enhance purchasing support within the [for each]  | 
      
      
        | 
           
			 | 
        health and human services system [agency]; and | 
      
      
        | 
           
			 | 
                     (2)  if cost-effective, contract with private entities  | 
      
      
        | 
           
			 | 
        to perform purchasing functions for the [commission and the] health  | 
      
      
        | 
           
			 | 
        and human services system [agencies]. | 
      
      
        | 
           
			 | 
               SECTION 1.12.  Chapter 265, Family Code, is amended by  | 
      
      
        | 
           
			 | 
        designating Sections 265.001 through 265.004 as Subchapter A and  | 
      
      
        | 
           
			 | 
        adding a subchapter heading to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER A.  PREVENTION AND EARLY INTERVENTION SERVICES | 
      
      
        | 
           
			 | 
               SECTION 1.13.  Section 265.002, Family Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 265.002.  PREVENTION AND EARLY INTERVENTION SERVICES  | 
      
      
        | 
           
			 | 
        DIVISION.  (a)  The department shall operate a division to provide  | 
      
      
        | 
           
			 | 
        services for children in at-risk situations and for the families of  | 
      
      
        | 
           
			 | 
        those children and to achieve the consolidation of prevention and  | 
      
      
        | 
           
			 | 
        early intervention services within the jurisdiction of a single  | 
      
      
        | 
           
			 | 
        agency in order to avoid fragmentation and duplication of services  | 
      
      
        | 
           
			 | 
        and to increase the accountability for the delivery and  | 
      
      
        | 
           
			 | 
        administration of these services.  The division shall be called the  | 
      
      
        | 
           
			 | 
        prevention and early intervention services division and shall have  | 
      
      
        | 
           
			 | 
        the following duties: | 
      
      
        | 
           
			 | 
                     (1)  to plan, develop, and administer a comprehensive  | 
      
      
        | 
           
			 | 
        and unified delivery system of prevention and early intervention  | 
      
      
        | 
           
			 | 
        services to children and their families in at-risk situations; | 
      
      
        | 
           
			 | 
                     (2)  to improve the responsiveness of services for  | 
      
      
        | 
           
			 | 
        at-risk children and their families by facilitating greater  | 
      
      
        | 
           
			 | 
        coordination and flexibility in the use of funds by state and local  | 
      
      
        | 
           
			 | 
        service providers; | 
      
      
        | 
           
			 | 
                     (3)  to provide greater accountability for prevention  | 
      
      
        | 
           
			 | 
        and early intervention services in order to demonstrate the impact  | 
      
      
        | 
           
			 | 
        or public benefit of a program by adopting outcome measures; and | 
      
      
        | 
           
			 | 
                     (4)  to assist local communities in the coordination  | 
      
      
        | 
           
			 | 
        and development of prevention and early intervention services in  | 
      
      
        | 
           
			 | 
        order to maximize federal, state, and local resources. | 
      
      
        | 
           
			 | 
               (b)  The department's prevention and early intervention  | 
      
      
        | 
           
			 | 
        services division must be organizationally separate from the  | 
      
      
        | 
           
			 | 
        department's divisions performing child protective services and  | 
      
      
        | 
           
			 | 
        adult protective services functions. | 
      
      
        | 
           
			 | 
               SECTION 1.14.  Subchapter A, Chapter 265, Family Code, as  | 
      
      
        | 
           
			 | 
        added by this article, is amended by adding Section 265.006 to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 265.006.  PROHIBITION ON USE OF AGENCY NAME OR LOGO.   | 
      
      
        | 
           
			 | 
        The department may not allow the use of the department's name or  | 
      
      
        | 
           
			 | 
        identifying logo or insignia on forms or other materials related to  | 
      
      
        | 
           
			 | 
        the department's prevention and early intervention services that  | 
      
      
        | 
           
			 | 
        are: | 
      
      
        | 
           
			 | 
                     (1)  provided by the department's contractors; or | 
      
      
        | 
           
			 | 
                     (2)  distributed by the department's contractors to the  | 
      
      
        | 
           
			 | 
        department's clients. | 
      
      
        | 
           
			 | 
               SECTION 1.15.  (a)  Subchapter Q, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, including provisions amended by S.B. No. 219, Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is transferred to Chapter 265,  | 
      
      
        | 
           
			 | 
        Family Code, redesignated as Subchapter C, Chapter 265, Family  | 
      
      
        | 
           
			 | 
        Code, and amended to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER C [Q].  NURSE-FAMILY PARTNERSHIP COMPETITIVE  | 
      
      
        | 
           
			 | 
        GRANT PROGRAM | 
      
      
        | 
           
			 | 
               Sec. 265.101 [531.651].  DEFINITIONS.  In this subchapter: | 
      
      
        | 
           
			 | 
                     (1)  "Competitive grant program" means the  | 
      
      
        | 
           
			 | 
        nurse-family partnership competitive grant program established  | 
      
      
        | 
           
			 | 
        under this subchapter. | 
      
      
        | 
           
			 | 
                     (2)  "Partnership program" means a nurse-family  | 
      
      
        | 
           
			 | 
        partnership program. | 
      
      
        | 
           
			 | 
               Sec. 265.102 [531.652].  OPERATION OF NURSE-FAMILY  | 
      
      
        | 
           
			 | 
        PARTNERSHIP COMPETITIVE GRANT PROGRAM.  (a)  The department  | 
      
      
        | 
           
			 | 
        [commission] shall operate a nurse-family partnership competitive  | 
      
      
        | 
           
			 | 
        grant program through which the department [commission] will award  | 
      
      
        | 
           
			 | 
        grants for the implementation of nurse-family partnership  | 
      
      
        | 
           
			 | 
        programs, or the expansion of existing programs, and for the  | 
      
      
        | 
           
			 | 
        operation of those programs for a period of not less than two years. | 
      
      
        | 
           
			 | 
               (b)  The department [commission] shall award grants under  | 
      
      
        | 
           
			 | 
        the program to applicants, including applicants operating existing  | 
      
      
        | 
           
			 | 
        programs, in a manner that ensures that the partnership programs  | 
      
      
        | 
           
			 | 
        collectively: | 
      
      
        | 
           
			 | 
                     (1)  operate in multiple communities that are  | 
      
      
        | 
           
			 | 
        geographically distributed throughout this state; and | 
      
      
        | 
           
			 | 
                     (2)  provide program services to approximately 2,000  | 
      
      
        | 
           
			 | 
        families. | 
      
      
        | 
           
			 | 
               Sec. 265.103 [531.653].  PARTNERSHIP PROGRAM REQUIREMENTS.   | 
      
      
        | 
           
			 | 
        A partnership program funded through a grant awarded under this  | 
      
      
        | 
           
			 | 
        subchapter must: | 
      
      
        | 
           
			 | 
                     (1)  strictly adhere to the program model developed by  | 
      
      
        | 
           
			 | 
        the Nurse-Family Partnership National Service Office, including  | 
      
      
        | 
           
			 | 
        any clinical, programmatic, and data collection requirements of  | 
      
      
        | 
           
			 | 
        that model; | 
      
      
        | 
           
			 | 
                     (2)  require that registered nurses regularly visit the  | 
      
      
        | 
           
			 | 
        homes of low-income, first-time mothers participating in the  | 
      
      
        | 
           
			 | 
        program to provide services designed to: | 
      
      
        | 
           
			 | 
                           (A)  improve pregnancy outcomes; | 
      
      
        | 
           
			 | 
                           (B)  improve child health and development; | 
      
      
        | 
           
			 | 
                           (C)  improve family economic self-sufficiency and  | 
      
      
        | 
           
			 | 
        stability; and | 
      
      
        | 
           
			 | 
                           (D)  reduce the incidence of child abuse and  | 
      
      
        | 
           
			 | 
        neglect; | 
      
      
        | 
           
			 | 
                     (3)  require that nurses who provide services through  | 
      
      
        | 
           
			 | 
        the program: | 
      
      
        | 
           
			 | 
                           (A)  receive training from the office of the  | 
      
      
        | 
           
			 | 
        attorney general at least once each year on procedures by which a  | 
      
      
        | 
           
			 | 
        person may voluntarily acknowledge the paternity of a child and on  | 
      
      
        | 
           
			 | 
        the availability of child support services from the office; | 
      
      
        | 
           
			 | 
                           (B)  provide a mother with information about the  | 
      
      
        | 
           
			 | 
        rights, responsibilities, and benefits of establishing the  | 
      
      
        | 
           
			 | 
        paternity of her child, if appropriate; | 
      
      
        | 
           
			 | 
                           (C)  provide assistance to a mother and the  | 
      
      
        | 
           
			 | 
        alleged father of her child if the mother and alleged father seek to  | 
      
      
        | 
           
			 | 
        voluntarily acknowledge paternity of the child, if appropriate; and | 
      
      
        | 
           
			 | 
                           (D)  provide information to a mother about the  | 
      
      
        | 
           
			 | 
        availability of child support services from the office of the  | 
      
      
        | 
           
			 | 
        attorney general; and | 
      
      
        | 
           
			 | 
                     (4)  require that the regular nurse visits described by  | 
      
      
        | 
           
			 | 
        Subdivision (2) begin not later than a mother's 28th week of  | 
      
      
        | 
           
			 | 
        gestation and end when her child reaches two years of age. | 
      
      
        | 
           
			 | 
               Sec. 265.104 [531.654].  APPLICATION.  (a)  A public or  | 
      
      
        | 
           
			 | 
        private entity, including a county, municipality, or other  | 
      
      
        | 
           
			 | 
        political subdivision of this state, may apply for a grant under  | 
      
      
        | 
           
			 | 
        this subchapter. | 
      
      
        | 
           
			 | 
               (b)  To apply for a grant, an applicant must submit a written  | 
      
      
        | 
           
			 | 
        application to the department [commission] on a form prescribed by  | 
      
      
        | 
           
			 | 
        the department [commission] in consultation with the Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership National Service Office. | 
      
      
        | 
           
			 | 
               (c)  The application prescribed by the department  | 
      
      
        | 
           
			 | 
        [commission] must: | 
      
      
        | 
           
			 | 
                     (1)  require the applicant to provide data on the  | 
      
      
        | 
           
			 | 
        number of low-income, first-time mothers residing in the community  | 
      
      
        | 
           
			 | 
        in which the applicant proposes to operate or expand a partnership  | 
      
      
        | 
           
			 | 
        program and provide a description of existing services available to  | 
      
      
        | 
           
			 | 
        those mothers; | 
      
      
        | 
           
			 | 
                     (2)  describe the ongoing monitoring and evaluation  | 
      
      
        | 
           
			 | 
        process to which a grant recipient is subject under Section 265.109  | 
      
      
        | 
           
			 | 
        [531.659], including the recipient's obligation to collect and  | 
      
      
        | 
           
			 | 
        provide information requested by the department [commission] under  | 
      
      
        | 
           
			 | 
        Section 265.109(c) [531.659(c)]; and | 
      
      
        | 
           
			 | 
                     (3)  require the applicant to provide other relevant  | 
      
      
        | 
           
			 | 
        information as determined by the department [commission]. | 
      
      
        | 
           
			 | 
               Sec. 265.105 [531.655].  ADDITIONAL CONSIDERATIONS IN  | 
      
      
        | 
           
			 | 
        AWARDING GRANTS.  In addition to the factors described by Sections  | 
      
      
        | 
           
			 | 
        265.102(b) [531.652(b)] and 265.103 [531.653], in determining  | 
      
      
        | 
           
			 | 
        whether to award a grant to an applicant under this subchapter, the  | 
      
      
        | 
           
			 | 
        department [commission] shall consider: | 
      
      
        | 
           
			 | 
                     (1)  the demonstrated need for a partnership program in  | 
      
      
        | 
           
			 | 
        the community in which the applicant proposes to operate or expand  | 
      
      
        | 
           
			 | 
        the program, which may be determined by considering: | 
      
      
        | 
           
			 | 
                           (A)  the poverty rate, the crime rate, the number  | 
      
      
        | 
           
			 | 
        of births to Medicaid recipients, the rate of poor birth outcomes,  | 
      
      
        | 
           
			 | 
        and the incidence of child abuse and neglect during a prescribed  | 
      
      
        | 
           
			 | 
        period in the community; and | 
      
      
        | 
           
			 | 
                           (B)  the need to enhance school readiness in the  | 
      
      
        | 
           
			 | 
        community; | 
      
      
        | 
           
			 | 
                     (2)  the applicant's ability to participate in ongoing  | 
      
      
        | 
           
			 | 
        monitoring and performance evaluations under Section 265.109  | 
      
      
        | 
           
			 | 
        [531.659], including the applicant's ability to collect and provide  | 
      
      
        | 
           
			 | 
        information requested by the department [commission] under Section  | 
      
      
        | 
           
			 | 
        265.109(c) [531.659(c)]; | 
      
      
        | 
           
			 | 
                     (3)  the applicant's ability to adhere to the  | 
      
      
        | 
           
			 | 
        partnership program standards adopted under Section 265.106  | 
      
      
        | 
           
			 | 
        [531.656]; | 
      
      
        | 
           
			 | 
                     (4)  the applicant's ability to develop broad-based  | 
      
      
        | 
           
			 | 
        community support for implementing or expanding a partnership  | 
      
      
        | 
           
			 | 
        program, as applicable; and | 
      
      
        | 
           
			 | 
                     (5)  the applicant's history of developing and  | 
      
      
        | 
           
			 | 
        sustaining innovative, high-quality programs that meet the needs of  | 
      
      
        | 
           
			 | 
        families and communities. | 
      
      
        | 
           
			 | 
               Sec. 265.106 [531.656].  PARTNERSHIP PROGRAM STANDARDS.   | 
      
      
        | 
           
			 | 
        The executive commissioner, with the assistance of the Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership National Service Office, shall adopt standards for the  | 
      
      
        | 
           
			 | 
        partnership programs funded under this subchapter.  The standards  | 
      
      
        | 
           
			 | 
        must adhere to the Nurse-Family Partnership National Service Office  | 
      
      
        | 
           
			 | 
        program model standards and guidelines that were developed in  | 
      
      
        | 
           
			 | 
        multiple, randomized clinical trials and have been tested and  | 
      
      
        | 
           
			 | 
        replicated in multiple communities. | 
      
      
        | 
           
			 | 
               Sec. 265.107 [531.657].  USE OF AWARDED GRANT FUNDS.  The  | 
      
      
        | 
           
			 | 
        grant funds awarded under this subchapter may be used only to cover  | 
      
      
        | 
           
			 | 
        costs related to implementing or expanding and operating a  | 
      
      
        | 
           
			 | 
        partnership program, including costs related to: | 
      
      
        | 
           
			 | 
                     (1)  administering the program; | 
      
      
        | 
           
			 | 
                     (2)  training and managing registered nurses who  | 
      
      
        | 
           
			 | 
        participate in the program; | 
      
      
        | 
           
			 | 
                     (3)  paying the salaries and expenses of registered  | 
      
      
        | 
           
			 | 
        nurses who participate in the program; | 
      
      
        | 
           
			 | 
                     (4)  paying for facilities and equipment for the  | 
      
      
        | 
           
			 | 
        program; and | 
      
      
        | 
           
			 | 
                     (5)  paying for services provided by the Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership National Service Office to ensure a grant recipient  | 
      
      
        | 
           
			 | 
        adheres to the organization's program model. | 
      
      
        | 
           
			 | 
               Sec. 265.108 [531.658].  STATE NURSE CONSULTANT.  Using  | 
      
      
        | 
           
			 | 
        money appropriated for the competitive grant program, the  | 
      
      
        | 
           
			 | 
        department [commission] shall hire or contract with a state nurse  | 
      
      
        | 
           
			 | 
        consultant to assist grant recipients with implementing or  | 
      
      
        | 
           
			 | 
        expanding and operating the partnership programs in the applicable  | 
      
      
        | 
           
			 | 
        communities. | 
      
      
        | 
           
			 | 
               Sec. 265.109 [531.659].  PROGRAM MONITORING AND EVALUATION;  | 
      
      
        | 
           
			 | 
        ANNUAL COMMITTEE REPORTS.  (a)  The department [commission], with  | 
      
      
        | 
           
			 | 
        the assistance of the Nurse-Family Partnership National Service  | 
      
      
        | 
           
			 | 
        Office, shall: | 
      
      
        | 
           
			 | 
                     (1)  adopt performance indicators that are designed to  | 
      
      
        | 
           
			 | 
        measure a grant recipient's performance with respect to the  | 
      
      
        | 
           
			 | 
        partnership program standards adopted by the executive  | 
      
      
        | 
           
			 | 
        commissioner under Section 265.106 [531.656]; | 
      
      
        | 
           
			 | 
                     (2)  use the performance indicators to continuously  | 
      
      
        | 
           
			 | 
        monitor and formally evaluate on an annual basis the performance of  | 
      
      
        | 
           
			 | 
        each grant recipient; and | 
      
      
        | 
           
			 | 
                     (3)  prepare and submit an annual report, not later  | 
      
      
        | 
           
			 | 
        than December 1 of each year, to the Senate Health and Human  | 
      
      
        | 
           
			 | 
        Services Committee, or its successor, and the House Human Services  | 
      
      
        | 
           
			 | 
        Committee, or its successor, regarding the performance of each  | 
      
      
        | 
           
			 | 
        grant recipient during the preceding state fiscal year with respect  | 
      
      
        | 
           
			 | 
        to providing partnership program services. | 
      
      
        | 
           
			 | 
               (b)  The report required under Subsection (a)(3) must  | 
      
      
        | 
           
			 | 
        include: | 
      
      
        | 
           
			 | 
                     (1)  the number of low-income, first-time mothers to  | 
      
      
        | 
           
			 | 
        whom each grant recipient provided partnership program services  | 
      
      
        | 
           
			 | 
        and, of that number, the number of mothers who established the  | 
      
      
        | 
           
			 | 
        paternity of an alleged father as a result of services provided  | 
      
      
        | 
           
			 | 
        under the program; | 
      
      
        | 
           
			 | 
                     (2)  the extent to which each grant recipient made  | 
      
      
        | 
           
			 | 
        regular visits to mothers during the period described by Section  | 
      
      
        | 
           
			 | 
        265.103(4) [531.653(4)]; and | 
      
      
        | 
           
			 | 
                     (3)  the extent to which each grant recipient adhered  | 
      
      
        | 
           
			 | 
        to the Nurse-Family Partnership National Service Office's program  | 
      
      
        | 
           
			 | 
        model, including the extent to which registered nurses: | 
      
      
        | 
           
			 | 
                           (A)  conducted home visitations comparable in  | 
      
      
        | 
           
			 | 
        frequency, duration, and content to those delivered in Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership National Service Office clinical trials; and | 
      
      
        | 
           
			 | 
                           (B)  assessed the health and well-being of mothers  | 
      
      
        | 
           
			 | 
        and children participating in the partnership programs in  | 
      
      
        | 
           
			 | 
        accordance with indicators of maternal, child, and family health  | 
      
      
        | 
           
			 | 
        defined by the department [commission] in consultation with the  | 
      
      
        | 
           
			 | 
        Nurse-Family Partnership National Service Office. | 
      
      
        | 
           
			 | 
               (c)  On request, each grant recipient shall timely collect  | 
      
      
        | 
           
			 | 
        and provide data and any other information required by the  | 
      
      
        | 
           
			 | 
        department [commission] to monitor and evaluate the recipient or to  | 
      
      
        | 
           
			 | 
        prepare the report required by this section. | 
      
      
        | 
           
			 | 
               Sec. 265.110 [531.660].  COMPETITIVE GRANT PROGRAM FUNDING.   | 
      
      
        | 
           
			 | 
        (a)  The department [commission] shall actively seek and apply for  | 
      
      
        | 
           
			 | 
        any available federal funds, including federal Medicaid and  | 
      
      
        | 
           
			 | 
        Temporary Assistance for Needy Families (TANF) funds, to assist in  | 
      
      
        | 
           
			 | 
        financing the competitive grant program established under this  | 
      
      
        | 
           
			 | 
        subchapter. | 
      
      
        | 
           
			 | 
               (b)  The department [commission] may use appropriated funds  | 
      
      
        | 
           
			 | 
        from the state government and may accept gifts, donations, and  | 
      
      
        | 
           
			 | 
        grants of money from the federal government, local governments,  | 
      
      
        | 
           
			 | 
        private corporations, or other persons to assist in financing the  | 
      
      
        | 
           
			 | 
        competitive grant program. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding the transfer of Subchapter Q, Chapter  | 
      
      
        | 
           
			 | 
        531, Government Code, to Chapter 265, Family Code, and  | 
      
      
        | 
           
			 | 
        redesignation as Subchapter C of that chapter, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall continue to administer the Nurse-Family  | 
      
      
        | 
           
			 | 
        Partnership Competitive Grant Program under that subchapter until  | 
      
      
        | 
           
			 | 
        the date the program transfers to the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services in accordance with Section 531.0201,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this article, and the transition plan  | 
      
      
        | 
           
			 | 
        under Section 531.0204, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.16.  Effective September 1, 2017, Section  | 
      
      
        | 
           
			 | 
        1001.002, Health and Safety Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1001.002.  AGENCY AND AGENCY FUNCTIONS.  (a)  In this  | 
      
      
        | 
           
			 | 
        section, "function" includes a power, duty, program, or activity  | 
      
      
        | 
           
			 | 
        and an administrative support services function associated with the  | 
      
      
        | 
           
			 | 
        power, duty, program, or activity, unless consolidated under  | 
      
      
        | 
           
			 | 
        Section 531.02012, Government Code. | 
      
      
        | 
           
			 | 
               (b)  The department is an agency of the state. | 
      
      
        | 
           
			 | 
               (c)  In accordance with Subchapter A-1, Chapter 531,  | 
      
      
        | 
           
			 | 
        Government Code, and notwithstanding any other law, the department  | 
      
      
        | 
           
			 | 
        performs only functions related to public health, including health  | 
      
      
        | 
           
			 | 
        care data collection and maintenance of the Texas Health Care  | 
      
      
        | 
           
			 | 
        Information Collection program. | 
      
      
        | 
           
			 | 
               SECTION 1.17.  Effective September 1, 2017, Subchapter A,  | 
      
      
        | 
           
			 | 
        Chapter 1001, Health and Safety Code, is amended by adding Sections  | 
      
      
        | 
           
			 | 
        1001.004 and 1001.005 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1001.004.  REFERENCES IN LAW MEANING DEPARTMENT.  In  | 
      
      
        | 
           
			 | 
        this code or any other law, a reference to the department in  | 
      
      
        | 
           
			 | 
        relation to a function described by Section 1001.002(c) means the  | 
      
      
        | 
           
			 | 
        department.  A reference in law to the department in relation to any  | 
      
      
        | 
           
			 | 
        other function has the meaning assigned by Section 531.0011,  | 
      
      
        | 
           
			 | 
        Government Code. | 
      
      
        | 
           
			 | 
               Sec. 1001.005.  REFERENCES IN LAW MEANING COMMISSIONER OR  | 
      
      
        | 
           
			 | 
        DESIGNEE.  In this code or in any other law, a reference to the  | 
      
      
        | 
           
			 | 
        commissioner in relation to a function described by Section  | 
      
      
        | 
           
			 | 
        1001.002(c) means the commissioner.  A reference in law to the  | 
      
      
        | 
           
			 | 
        commissioner in relation to any other function has the meaning  | 
      
      
        | 
           
			 | 
        assigned by Section 531.0012, Government Code. | 
      
      
        | 
           
			 | 
               SECTION 1.18.  Effective September 1, 2017, Section  | 
      
      
        | 
           
			 | 
        40.002(b), Human Resources Code, as amended by S.B. 219, Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, is amended to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Section 40.0025 [Notwithstanding 
         | 
      
      
        | 
           
			 | 
        
          any other law], the department shall: | 
      
      
        | 
           
			 | 
                     (1)  provide protective services for children and  | 
      
      
        | 
           
			 | 
        elderly persons and persons with disabilities, including  | 
      
      
        | 
           
			 | 
        investigations of alleged abuse, neglect, or exploitation in  | 
      
      
        | 
           
			 | 
        facilities of the Department of State Health Services and the  | 
      
      
        | 
           
			 | 
        Department of Aging and Disability Services or the successor agency  | 
      
      
        | 
           
			 | 
        for either of those agencies; | 
      
      
        | 
           
			 | 
                     (2)  provide family support and family preservation  | 
      
      
        | 
           
			 | 
        services that respect the fundamental right of parents to control  | 
      
      
        | 
           
			 | 
        the education and upbringing of their children; | 
      
      
        | 
           
			 | 
                     (3)  license, register, and enforce regulations  | 
      
      
        | 
           
			 | 
        applicable to child-care facilities, child-care administrators,  | 
      
      
        | 
           
			 | 
        and child-placing agency administrators; and | 
      
      
        | 
           
			 | 
                     (4)  implement and manage programs intended to provide  | 
      
      
        | 
           
			 | 
        early intervention or prevent at-risk behaviors that lead to child  | 
      
      
        | 
           
			 | 
        abuse, delinquency, running away, truancy, and dropping out of  | 
      
      
        | 
           
			 | 
        school. | 
      
      
        | 
           
			 | 
               SECTION 1.19.  Effective September 1, 2017, Subchapter A,  | 
      
      
        | 
           
			 | 
        Chapter 40, Human Resources Code, is amended by adding Sections  | 
      
      
        | 
           
			 | 
        40.0025, 40.0026, and 40.0027 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 40.0025.  AGENCY FUNCTIONS.  (a)  In this section,  | 
      
      
        | 
           
			 | 
        "function" includes a power, duty, program, or activity and an  | 
      
      
        | 
           
			 | 
        administrative support services function associated with the  | 
      
      
        | 
           
			 | 
        power, duty, program, or activity, unless consolidated under  | 
      
      
        | 
           
			 | 
        Section 531.02012, Government Code. | 
      
      
        | 
           
			 | 
               (b)  In accordance with Subchapter A-1, Chapter 531,  | 
      
      
        | 
           
			 | 
        Government Code, and notwithstanding any other law, the department  | 
      
      
        | 
           
			 | 
        performs only functions, including the statewide intake of reports  | 
      
      
        | 
           
			 | 
        and other information, related to the following services: | 
      
      
        | 
           
			 | 
                     (1)  child protective services, including services  | 
      
      
        | 
           
			 | 
        that are required by federal law to be provided by this state's  | 
      
      
        | 
           
			 | 
        child welfare agency; | 
      
      
        | 
           
			 | 
                     (2)  adult protective services, other than  | 
      
      
        | 
           
			 | 
        investigations of the alleged abuse, neglect, or exploitation of an  | 
      
      
        | 
           
			 | 
        elderly person or person with a disability: | 
      
      
        | 
           
			 | 
                           (A)  in a facility operated, or in a facility or by  | 
      
      
        | 
           
			 | 
        a person licensed, certified, or registered, by a state agency; or | 
      
      
        | 
           
			 | 
                           (B)  by a provider that has contracted to provide  | 
      
      
        | 
           
			 | 
        home and community-based services; and | 
      
      
        | 
           
			 | 
                     (3)  prevention and early intervention services  | 
      
      
        | 
           
			 | 
        functions, including: | 
      
      
        | 
           
			 | 
                           (A)  prevention and early intervention services  | 
      
      
        | 
           
			 | 
        as defined under Section 265.001, Family Code; and | 
      
      
        | 
           
			 | 
                           (B)  programs that: | 
      
      
        | 
           
			 | 
                                 (i)  provide parent education; | 
      
      
        | 
           
			 | 
                                 (ii)  promote healthier parent-child  | 
      
      
        | 
           
			 | 
        relationships; or | 
      
      
        | 
           
			 | 
                                 (iii)  prevent family violence. | 
      
      
        | 
           
			 | 
               Sec. 40.0026.  REFERENCES IN LAW MEANING DEPARTMENT.  In  | 
      
      
        | 
           
			 | 
        this code or any other law, a reference to the department in  | 
      
      
        | 
           
			 | 
        relation to a function described by Section 40.0025(b) means the  | 
      
      
        | 
           
			 | 
        department.  A reference in law to the department in relation to any  | 
      
      
        | 
           
			 | 
        other function has the meaning assigned by Section 531.0011,  | 
      
      
        | 
           
			 | 
        Government Code. | 
      
      
        | 
           
			 | 
               Sec. 40.0027.  REFERENCES IN LAW MEANING COMMISSIONER OR  | 
      
      
        | 
           
			 | 
        DESIGNEE.  In this code or in any other law, a reference to the  | 
      
      
        | 
           
			 | 
        commissioner in relation to a function described by Section  | 
      
      
        | 
           
			 | 
        40.0025(b) means the commissioner.  A reference in law to the  | 
      
      
        | 
           
			 | 
        commissioner in relation to any other function has the meaning  | 
      
      
        | 
           
			 | 
        assigned by Section 531.0012, Government Code. | 
      
      
        | 
           
			 | 
               SECTION 1.20.  Sections 40.0515(d) and (e), Human Resources  | 
      
      
        | 
           
			 | 
        Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  A performance review conducted under Subsection (b)(3)  | 
      
      
        | 
           
			 | 
        is considered a performance evaluation for purposes of Section  | 
      
      
        | 
           
			 | 
        40.032(c) of this code or Section 531.009(c), Government Code, as  | 
      
      
        | 
           
			 | 
        applicable.  The department shall ensure that disciplinary or other  | 
      
      
        | 
           
			 | 
        corrective action is taken against a supervisor or other managerial  | 
      
      
        | 
           
			 | 
        employee who is required to conduct a performance evaluation for  | 
      
      
        | 
           
			 | 
        adult protective services personnel under Section 40.032(c) of this  | 
      
      
        | 
           
			 | 
        code or Section 531.009(c), Government Code, as applicable, or a  | 
      
      
        | 
           
			 | 
        performance review under Subsection (b)(3) and who fails to  | 
      
      
        | 
           
			 | 
        complete that evaluation or review in a timely manner. | 
      
      
        | 
           
			 | 
               (e)  The annual performance evaluation required under  | 
      
      
        | 
           
			 | 
        Section 40.032(c) of this code or Section 531.009(c), Government  | 
      
      
        | 
           
			 | 
        Code, as applicable, of the performance of a supervisor in the adult  | 
      
      
        | 
           
			 | 
        protective services division must: | 
      
      
        | 
           
			 | 
                     (1)  be performed by an appropriate program  | 
      
      
        | 
           
			 | 
        administrator; and | 
      
      
        | 
           
			 | 
                     (2)  include: | 
      
      
        | 
           
			 | 
                           (A)  an evaluation of the supervisor with respect  | 
      
      
        | 
           
			 | 
        to the job performance standards applicable to the supervisor's  | 
      
      
        | 
           
			 | 
        assigned duties; and | 
      
      
        | 
           
			 | 
                           (B)  an evaluation of the supervisor with respect  | 
      
      
        | 
           
			 | 
        to the compliance of employees supervised by the supervisor with  | 
      
      
        | 
           
			 | 
        the job performance standards applicable to those employees'  | 
      
      
        | 
           
			 | 
        assigned duties. | 
      
      
        | 
           
			 | 
               SECTION 1.21.  (a)  The heading to Subchapter C, Chapter  | 
      
      
        | 
           
			 | 
        112, Human Resources Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER C.  [OFFICE FOR THE] PREVENTION OF DEVELOPMENTAL  | 
      
      
        | 
           
			 | 
        DISABILITIES | 
      
      
        | 
           
			 | 
               (b)  Section 112.042, Human Resources Code, is amended by  | 
      
      
        | 
           
			 | 
        amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
                     (1)  "Commission" means the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission. | 
      
      
        | 
           
			 | 
                     (1-a)  "Developmental disability" means a severe,  | 
      
      
        | 
           
			 | 
        chronic disability that: | 
      
      
        | 
           
			 | 
                           (A)  is attributable to a mental or physical  | 
      
      
        | 
           
			 | 
        impairment or to a combination of a mental and physical impairment; | 
      
      
        | 
           
			 | 
                           (B)  is manifested before a person reaches the age  | 
      
      
        | 
           
			 | 
        of 22; | 
      
      
        | 
           
			 | 
                           (C)  is likely to continue indefinitely; | 
      
      
        | 
           
			 | 
                           (D)  results in substantial functional  | 
      
      
        | 
           
			 | 
        limitations in three or more major life activities, including: | 
      
      
        | 
           
			 | 
                                 (i)  self-care; | 
      
      
        | 
           
			 | 
                                 (ii)  receptive and expressive language; | 
      
      
        | 
           
			 | 
                                 (iii)  learning; | 
      
      
        | 
           
			 | 
                                 (iv)  mobility; | 
      
      
        | 
           
			 | 
                                 (v)  self-direction; | 
      
      
        | 
           
			 | 
                                 (vi)  capacity for independent living; and | 
      
      
        | 
           
			 | 
                                 (vii)  economic sufficiency; and | 
      
      
        | 
           
			 | 
                           (E)  reflects the person's needs for a combination  | 
      
      
        | 
           
			 | 
        and sequence of special interdisciplinary or generic care,  | 
      
      
        | 
           
			 | 
        treatment, or other lifelong or extended services that are  | 
      
      
        | 
           
			 | 
        individually planned and coordinated. | 
      
      
        | 
           
			 | 
                     (1-b)  "Executive commissioner" means the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission. | 
      
      
        | 
           
			 | 
               (c)  Subchapter C, Chapter 112, Human Resources Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Sections 112.0421 and 112.0431  to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 112.0421.  APPLICABILITY AND EXPIRATION OF CERTAIN  | 
      
      
        | 
           
			 | 
        PROVISIONS.  (a)  Sections 112.041(a), 112.043, 112.045, 112.0451,  | 
      
      
        | 
           
			 | 
        112.0452, 112.0453, 112.0454, 112.046, 112.047, 112.0471, and  | 
      
      
        | 
           
			 | 
        112.0472 apply only until the date the executive commissioner  | 
      
      
        | 
           
			 | 
        begins to administer this subchapter and the commission assumes the  | 
      
      
        | 
           
			 | 
        duties and functions of the Office for the Prevention of  | 
      
      
        | 
           
			 | 
        Developmental Disabilities in accordance with Section 112.0431. | 
      
      
        | 
           
			 | 
               (b)  On the date the provisions listed in Subsection (a)  | 
      
      
        | 
           
			 | 
        cease to apply, the executive committee under Section 112.045 and  | 
      
      
        | 
           
			 | 
        the board of advisors under Section 112.046 are abolished. | 
      
      
        | 
           
			 | 
               (c)  This section and Sections 112.041(a), 112.043, 112.045,  | 
      
      
        | 
           
			 | 
        112.0451, 112.0452, 112.0453, 112.0454, 112.046, 112.047,  | 
      
      
        | 
           
			 | 
        112.0471, and 112.0472 expire on the last day of the period  | 
      
      
        | 
           
			 | 
        prescribed by Section 531.02001(2), Government Code. | 
      
      
        | 
           
			 | 
               Sec. 112.0431.  ADMINISTRATION OF SUBCHAPTER; CERTAIN  | 
      
      
        | 
           
			 | 
        REFERENCES.  (a)  Notwithstanding any other provision in this  | 
      
      
        | 
           
			 | 
        subchapter, the executive commissioner shall administer this  | 
      
      
        | 
           
			 | 
        subchapter beginning on the date specified in the transition plan  | 
      
      
        | 
           
			 | 
        under Section 531.0204, Government Code, and the commission shall  | 
      
      
        | 
           
			 | 
        perform the duties and functions of the Office for the Prevention of  | 
      
      
        | 
           
			 | 
        Developmental Disabilities in the organizational form the  | 
      
      
        | 
           
			 | 
        executive commissioner determines appropriate. | 
      
      
        | 
           
			 | 
               (b)  Following the assumption of the administration of this  | 
      
      
        | 
           
			 | 
        subchapter by the executive commissioner and the duties and  | 
      
      
        | 
           
			 | 
        functions by the commission in accordance with Subsection (a): | 
      
      
        | 
           
			 | 
                     (1)  a reference in this subchapter to the office, the  | 
      
      
        | 
           
			 | 
        Office for the Prevention of Developmental Disabilities, or the  | 
      
      
        | 
           
			 | 
        executive committee of that office means the commission, the  | 
      
      
        | 
           
			 | 
        division or other organizational unit within the commission  | 
      
      
        | 
           
			 | 
        designated by the executive commissioner, or the executive  | 
      
      
        | 
           
			 | 
        commissioner, as appropriate; and | 
      
      
        | 
           
			 | 
                     (2)  a reference in any other law to the Office for the  | 
      
      
        | 
           
			 | 
        Prevention of Developmental Disabilities has the meaning assigned  | 
      
      
        | 
           
			 | 
        by Subdivision (1). | 
      
      
        | 
           
			 | 
               (d)  Section 112.044, Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 112.044.  DUTIES.  The office shall: | 
      
      
        | 
           
			 | 
                     (1)  educate the public and attempt to promote sound  | 
      
      
        | 
           
			 | 
        public policy regarding the prevention of developmental  | 
      
      
        | 
           
			 | 
        disabilities; | 
      
      
        | 
           
			 | 
                     (2)  identify, collect, and disseminate information  | 
      
      
        | 
           
			 | 
        and data concerning the causes, frequency of occurrence, and  | 
      
      
        | 
           
			 | 
        preventability of developmental disabilities; | 
      
      
        | 
           
			 | 
                     (3)  work with appropriate divisions within the  | 
      
      
        | 
           
			 | 
        commission, state agencies, and other entities to develop a  | 
      
      
        | 
           
			 | 
        coordinated long-range plan to effectively monitor and reduce the  | 
      
      
        | 
           
			 | 
        incidence or severity of developmental disabilities; | 
      
      
        | 
           
			 | 
                     (4)  promote and facilitate the identification,  | 
      
      
        | 
           
			 | 
        development, coordination, and delivery of needed prevention  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (5)  solicit, receive, and spend grants and donations  | 
      
      
        | 
           
			 | 
        from public, private, state, and federal sources; | 
      
      
        | 
           
			 | 
                     (6)  identify and encourage establishment of needed  | 
      
      
        | 
           
			 | 
        reporting systems to track the causes and frequencies of occurrence  | 
      
      
        | 
           
			 | 
        of developmental disabilities; | 
      
      
        | 
           
			 | 
                     (7)  develop, operate, and monitor programs created  | 
      
      
        | 
           
			 | 
        under Section 112.048 addressing [task forces to address] the  | 
      
      
        | 
           
			 | 
        prevention of specific targeted developmental disabilities; | 
      
      
        | 
           
			 | 
                     (8)  monitor and assess the effectiveness of divisions  | 
      
      
        | 
           
			 | 
        within the commission and of state agencies in preventing [to 
         | 
      
      
        | 
           
			 | 
        
          prevent] developmental disabilities; | 
      
      
        | 
           
			 | 
                     (9)  recommend the role each division within the  | 
      
      
        | 
           
			 | 
        commission and each state agency should have with regard to  | 
      
      
        | 
           
			 | 
        prevention of developmental disabilities; | 
      
      
        | 
           
			 | 
                     (10)  facilitate coordination of state agency  | 
      
      
        | 
           
			 | 
        prevention services and activities within the commission and among  | 
      
      
        | 
           
			 | 
        appropriate state agencies; and | 
      
      
        | 
           
			 | 
                     (11)  encourage cooperative, comprehensive, and  | 
      
      
        | 
           
			 | 
        complementary planning among public, private, and volunteer  | 
      
      
        | 
           
			 | 
        individuals and organizations engaged in prevention activities,  | 
      
      
        | 
           
			 | 
        providing prevention services, or conducting related research. | 
      
      
        | 
           
			 | 
               (e)  Sections 112.048 and 112.049, Human Resources Code, are  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 112.048.  PREVENTION PROGRAMS FOR TARGETED  | 
      
      
        | 
           
			 | 
        DEVELOPMENTAL DISABILITIES [TASK FORCES].  (a)  The executive  | 
      
      
        | 
           
			 | 
        committee shall establish guidelines for: | 
      
      
        | 
           
			 | 
                     (1)  selecting targeted disabilities; | 
      
      
        | 
           
			 | 
                     (2)  assessing prevention services needs; and | 
      
      
        | 
           
			 | 
                     (3)  reviewing [task force] plans, budgets, and  | 
      
      
        | 
           
			 | 
        operations for programs under this section. | 
      
      
        | 
           
			 | 
               (b)  The executive committee shall [create task forces made 
         | 
      
      
        | 
           
			 | 
        
          up of members of the board of advisors to] plan and implement  | 
      
      
        | 
           
			 | 
        prevention programs for specifically targeted developmental  | 
      
      
        | 
           
			 | 
        disabilities.  [A task force operates as an administrative division 
         | 
      
      
        | 
           
			 | 
        
          of the office and can be abolished when it is ineffective or is no 
         | 
      
      
        | 
           
			 | 
        
          longer needed.] | 
      
      
        | 
           
			 | 
               (c)  A program under this section [task force shall]: | 
      
      
        | 
           
			 | 
                     (1)  must include [develop] a plan designed to reduce  | 
      
      
        | 
           
			 | 
        the incidence of a specifically targeted disability; | 
      
      
        | 
           
			 | 
                     (2)  must include [prepare] a budget for implementing a  | 
      
      
        | 
           
			 | 
        plan; | 
      
      
        | 
           
			 | 
                     (3)  must be funded [arrange for funds] through: | 
      
      
        | 
           
			 | 
                           (A)  contracts for services from participating  | 
      
      
        | 
           
			 | 
        agencies; | 
      
      
        | 
           
			 | 
                           (B)  grants and gifts from private persons and  | 
      
      
        | 
           
			 | 
        consumer and advocacy organizations; and | 
      
      
        | 
           
			 | 
                           (C)  foundation support; and | 
      
      
        | 
           
			 | 
                     (4)  must be approved by [submit the plan, budget, and 
         | 
      
      
        | 
           
			 | 
        
          evidence of funding commitments to] the executive committee [for 
         | 
      
      
        | 
           
			 | 
        
          approval]. | 
      
      
        | 
           
			 | 
               [(d)
           
           
          A task force shall regularly report to the executive 
         | 
      
      
        | 
           
			 | 
        
          committee, as required by the committee, the operation, progress, 
         | 
      
      
        | 
           
			 | 
        
          and results of the task force's prevention plan.] | 
      
      
        | 
           
			 | 
               Sec. 112.049.  EVALUATION.  (a)  The office shall identify  | 
      
      
        | 
           
			 | 
        or encourage the establishment of needed statistical bases for each  | 
      
      
        | 
           
			 | 
        targeted group against which the office can measure how effectively  | 
      
      
        | 
           
			 | 
        a [task force] program under Section 112.048 is reducing the  | 
      
      
        | 
           
			 | 
        frequency or severity of a targeted developmental disability. | 
      
      
        | 
           
			 | 
               (b)  The executive committee shall regularly monitor and  | 
      
      
        | 
           
			 | 
        evaluate the results of [task force prevention] programs under  | 
      
      
        | 
           
			 | 
        Section 112.048. | 
      
      
        | 
           
			 | 
               (f)  The heading to Section 112.050, Human Resources Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 112.050.  GRANTS AND OTHER FUNDING. | 
      
      
        | 
           
			 | 
               (g)  Section 112.050, Human Resources Code, is amended by  | 
      
      
        | 
           
			 | 
        amending Subsection (c) and adding Subsection (d) to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (c)  The executive committee may not submit a legislative  | 
      
      
        | 
           
			 | 
        appropriation request for general revenue funds for purposes of  | 
      
      
        | 
           
			 | 
        this subchapter. | 
      
      
        | 
           
			 | 
               (d)  In addition to funding under Subsection (a), the office  | 
      
      
        | 
           
			 | 
        may accept and solicit gifts, donations, and grants of money from  | 
      
      
        | 
           
			 | 
        public and private sources, including the federal government, local  | 
      
      
        | 
           
			 | 
        governments, and private entities, to assist in financing the  | 
      
      
        | 
           
			 | 
        duties and functions of the office.  The commission shall support  | 
      
      
        | 
           
			 | 
        office fund-raising efforts authorized by this subsection.  Funds  | 
      
      
        | 
           
			 | 
        raised under this subsection may only be spent in furtherance of a  | 
      
      
        | 
           
			 | 
        duty or function of the office or in accordance with rules  | 
      
      
        | 
           
			 | 
        applicable to the office. | 
      
      
        | 
           
			 | 
               (h)  Section 112.051, Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 112.051.  REPORTS TO LEGISLATURE.  The office shall  | 
      
      
        | 
           
			 | 
        submit by February 1 of each odd-numbered year biennial reports to  | 
      
      
        | 
           
			 | 
        the legislature detailing findings of the office and the results of  | 
      
      
        | 
           
			 | 
        [task force prevention] programs under Section 112.048 and  | 
      
      
        | 
           
			 | 
        recommending improvements in the delivery of developmental  | 
      
      
        | 
           
			 | 
        disability prevention services. | 
      
      
        | 
           
			 | 
               (i)  Notwithstanding the changes in law made by this section,  | 
      
      
        | 
           
			 | 
        the Office for the Prevention of Developmental Disabilities and any  | 
      
      
        | 
           
			 | 
        administrative entity of the Office for the Prevention of  | 
      
      
        | 
           
			 | 
        Developmental Disabilities shall continue to operate under the law  | 
      
      
        | 
           
			 | 
        as it existed before the effective date of this article, and that  | 
      
      
        | 
           
			 | 
        law is continued in effect for that purpose, until the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission begins  | 
      
      
        | 
           
			 | 
        administering Subchapter C, Chapter 112, Human Resources Code, as  | 
      
      
        | 
           
			 | 
        amended by this article, and the commission begins performing the  | 
      
      
        | 
           
			 | 
        duties and functions of the Office for the Prevention of  | 
      
      
        | 
           
			 | 
        Developmental Disabilities as required by Section 112.0431, Human  | 
      
      
        | 
           
			 | 
        Resources Code, as added by this article, on the date specified in  | 
      
      
        | 
           
			 | 
        the transition plan required under Section 531.0204, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article. | 
      
      
        | 
           
			 | 
               (j)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall begin administering Subchapter C,  | 
      
      
        | 
           
			 | 
        Chapter 112, Human Resources Code, as amended by this article, and  | 
      
      
        | 
           
			 | 
        the commission shall begin performing the duties and functions of  | 
      
      
        | 
           
			 | 
        the Office for the Prevention of Developmental Disabilities as  | 
      
      
        | 
           
			 | 
        required by Section 112.0431, Human Resources Code, as added by  | 
      
      
        | 
           
			 | 
        this article, on the date specified in the transition plan required  | 
      
      
        | 
           
			 | 
        under Section 531.0204, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.22.  (a)  The heading to Chapter 114, Human  | 
      
      
        | 
           
			 | 
        Resources Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 114.  [TEXAS COUNCIL ON] AUTISM AND PERVASIVE DEVELOPMENTAL  | 
      
      
        | 
           
			 | 
        DISORDERS | 
      
      
        | 
           
			 | 
               (b)  Section 114.002, Human Resources Code, is amended by  | 
      
      
        | 
           
			 | 
        adding Subdivisions (1-a) and (3) to read as follows: | 
      
      
        | 
           
			 | 
                     (1-a)  "Commission" means the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission. | 
      
      
        | 
           
			 | 
                     (3)  "Executive commissioner" means the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission. | 
      
      
        | 
           
			 | 
               (c)  Chapter 114, Human Resources Code, is amended by adding  | 
      
      
        | 
           
			 | 
        Sections 114.0021 and 114.0031 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 114.0021.  APPLICABILITY AND EXPIRATION OF CERTAIN  | 
      
      
        | 
           
			 | 
        PROVISIONS.  (a)  Sections 114.001, 114.003, 114.004, 114.005,  | 
      
      
        | 
           
			 | 
        114.007(a), and 114.010(d) apply only until the date the executive  | 
      
      
        | 
           
			 | 
        commissioner begins to administer this chapter and the commission  | 
      
      
        | 
           
			 | 
        assumes the duties and functions of the Texas Council on Autism and  | 
      
      
        | 
           
			 | 
        Pervasive Developmental Disorders in accordance with Section  | 
      
      
        | 
           
			 | 
        114.0031. | 
      
      
        | 
           
			 | 
               (b)  On the date the provisions listed in Subsection (a)  | 
      
      
        | 
           
			 | 
        cease to apply, the Texas Council on Autism and Pervasive  | 
      
      
        | 
           
			 | 
        Developmental Disorders is abolished. | 
      
      
        | 
           
			 | 
               (c)  This section and Sections 114.001, 114.003, 114.004,  | 
      
      
        | 
           
			 | 
        114.005, 114.007(a), and 114.010(d) expire on the last day of the  | 
      
      
        | 
           
			 | 
        period prescribed by Section 531.02001(1), Government Code. | 
      
      
        | 
           
			 | 
               Sec. 114.0031.  ADMINISTRATION OF CHAPTER; CERTAIN  | 
      
      
        | 
           
			 | 
        REFERENCES.  (a)  Notwithstanding any other provision in this  | 
      
      
        | 
           
			 | 
        chapter, the executive commissioner shall administer this chapter  | 
      
      
        | 
           
			 | 
        beginning on the date specified in the transition plan under  | 
      
      
        | 
           
			 | 
        Section 531.0204, Government Code, and the commission shall perform  | 
      
      
        | 
           
			 | 
        the duties and functions of the Texas Council on Autism and  | 
      
      
        | 
           
			 | 
        Pervasive Developmental Disorders in the organizational form the  | 
      
      
        | 
           
			 | 
        executive commissioner determines appropriate. | 
      
      
        | 
           
			 | 
               (b)  Following the assumption of the administration of this  | 
      
      
        | 
           
			 | 
        chapter by the executive commissioner and the duties and functions  | 
      
      
        | 
           
			 | 
        by the commission in accordance with Subsection (a): | 
      
      
        | 
           
			 | 
                     (1)  a reference in this chapter to the council, the  | 
      
      
        | 
           
			 | 
        Texas Council on Autism and Pervasive Developmental Disorders, or  | 
      
      
        | 
           
			 | 
        an agency represented on the council means the commission, the  | 
      
      
        | 
           
			 | 
        division or other organizational unit within the commission  | 
      
      
        | 
           
			 | 
        designated by the executive commissioner, or the executive  | 
      
      
        | 
           
			 | 
        commissioner, as appropriate; and | 
      
      
        | 
           
			 | 
                     (2)  a reference in any other law to the Texas Council  | 
      
      
        | 
           
			 | 
        on Autism and Pervasive Developmental Disorders has the meaning  | 
      
      
        | 
           
			 | 
        assigned by Subdivision (1). | 
      
      
        | 
           
			 | 
               (d)  Section 114.006(b), Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  The council shall make written recommendations on the  | 
      
      
        | 
           
			 | 
        implementation of this chapter.  If the council considers a  | 
      
      
        | 
           
			 | 
        recommendation that will affect another state [an] agency [not 
         | 
      
      
        | 
           
			 | 
        
          represented on the council], the council shall seek the advice and  | 
      
      
        | 
           
			 | 
        assistance of the agency before taking action on the  | 
      
      
        | 
           
			 | 
        recommendation.  On approval of the governing body of the agency,  | 
      
      
        | 
           
			 | 
        each agency affected by a council recommendation shall implement  | 
      
      
        | 
           
			 | 
        the recommendation.  If an agency does not have sufficient funds to  | 
      
      
        | 
           
			 | 
        implement a recommendation, the agency shall request funds for that  | 
      
      
        | 
           
			 | 
        purpose in its next budget proposal. | 
      
      
        | 
           
			 | 
               (e)  Sections 114.007(b) and (c), Human Resources Code, are  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The council with [the advice of the advisory task force 
         | 
      
      
        | 
           
			 | 
        
          and] input from people with autism and other pervasive  | 
      
      
        | 
           
			 | 
        developmental disorders, their families, and related advocacy  | 
      
      
        | 
           
			 | 
        organizations shall address contemporary issues affecting services  | 
      
      
        | 
           
			 | 
        available to persons with autism or other pervasive developmental  | 
      
      
        | 
           
			 | 
        disorders in this state, including: | 
      
      
        | 
           
			 | 
                     (1)  successful intervention and treatment strategies,  | 
      
      
        | 
           
			 | 
        including transitioning; | 
      
      
        | 
           
			 | 
                     (2)  personnel preparation and continuing education; | 
      
      
        | 
           
			 | 
                     (3)  referral, screening, and evaluation services; | 
      
      
        | 
           
			 | 
                     (4)  day care, respite care, or residential care  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (5)  vocational and adult training programs; | 
      
      
        | 
           
			 | 
                     (6)  public awareness strategies; | 
      
      
        | 
           
			 | 
                     (7)  contemporary research; | 
      
      
        | 
           
			 | 
                     (8)  early identification strategies; | 
      
      
        | 
           
			 | 
                     (9)  family counseling and case management; and | 
      
      
        | 
           
			 | 
                     (10)  recommendations for monitoring autism service  | 
      
      
        | 
           
			 | 
        programs. | 
      
      
        | 
           
			 | 
               (c)  The council with [the advice of the advisory task force 
         | 
      
      
        | 
           
			 | 
        
          and] input from people with autism and other pervasive  | 
      
      
        | 
           
			 | 
        developmental disorders, their families, and related advocacy  | 
      
      
        | 
           
			 | 
        organizations shall advise the legislature on legislation that is  | 
      
      
        | 
           
			 | 
        needed to develop further and to maintain a statewide system of  | 
      
      
        | 
           
			 | 
        quality intervention and treatment services for all persons with  | 
      
      
        | 
           
			 | 
        autism or other pervasive developmental disorders.  The council may  | 
      
      
        | 
           
			 | 
        develop and recommend legislation to the legislature or comment on  | 
      
      
        | 
           
			 | 
        pending legislation that affects those persons. | 
      
      
        | 
           
			 | 
               (f)  Section 114.008, Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 114.008.  REPORT.  (a)  [The agencies represented on 
         | 
      
      
        | 
           
			 | 
        
          the council and the public members shall report to the council any 
         | 
      
      
        | 
           
			 | 
        
          requirements identified by the agency or person to provide 
         | 
      
      
        | 
           
			 | 
        
          additional or improved services to persons with autism or other 
         | 
      
      
        | 
           
			 | 
        
          pervasive developmental disorders.]  Not later than November 1 of  | 
      
      
        | 
           
			 | 
        each even-numbered year, the council shall: | 
      
      
        | 
           
			 | 
                     (1)  prepare a report summarizing requirements the  | 
      
      
        | 
           
			 | 
        council identifies and recommendations for providing additional or  | 
      
      
        | 
           
			 | 
        improved services to persons with autism or other pervasive  | 
      
      
        | 
           
			 | 
        developmental disorders; and | 
      
      
        | 
           
			 | 
                     (2)  deliver the report to the executive commissioner  | 
      
      
        | 
           
			 | 
        [of the Health and Human Services Commission], the governor, the  | 
      
      
        | 
           
			 | 
        lieutenant governor, and the speaker of the house of  | 
      
      
        | 
           
			 | 
        representatives [a report summarizing the recommendations]. | 
      
      
        | 
           
			 | 
               (b)  The council shall develop a strategy for establishing  | 
      
      
        | 
           
			 | 
        new programs to meet the requirements identified through the  | 
      
      
        | 
           
			 | 
        council's review and assessment and from input from [the task 
         | 
      
      
        | 
           
			 | 
        
          force,] people with autism and related pervasive developmental  | 
      
      
        | 
           
			 | 
        disorders, their families, and related advocacy organizations. | 
      
      
        | 
           
			 | 
               (g)  Section 114.013, Human Resources Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 114.013.  COORDINATION OF RESOURCES FOR INDIVIDUALS  | 
      
      
        | 
           
			 | 
        WITH AUTISM SPECTRUM DISORDERS [RESOURCE CENTER].  (a)  The  | 
      
      
        | 
           
			 | 
        commission [Health and Human Services Commission] shall [establish 
         | 
      
      
        | 
           
			 | 
        
          and administer an autism spectrum disorders resource center to]  | 
      
      
        | 
           
			 | 
        coordinate resources for individuals with autism and other  | 
      
      
        | 
           
			 | 
        pervasive developmental disorders and their families.  In  | 
      
      
        | 
           
			 | 
        coordinating those resources [establishing and administering the 
         | 
      
      
        | 
           
			 | 
        
          center], the commission [Health and Human Services Commission]  | 
      
      
        | 
           
			 | 
        shall consult with [the council and coordinate with] appropriate  | 
      
      
        | 
           
			 | 
        state agencies[, including each agency represented on the council]. | 
      
      
        | 
           
			 | 
               (b)  As part of coordinating resources under Subsection (a),  | 
      
      
        | 
           
			 | 
        the commission [The Health and Human Services Commission] shall  | 
      
      
        | 
           
			 | 
        [design the center to]: | 
      
      
        | 
           
			 | 
                     (1)  collect and distribute information and research  | 
      
      
        | 
           
			 | 
        regarding autism and other pervasive developmental disorders; | 
      
      
        | 
           
			 | 
                     (2)  conduct training and development activities for  | 
      
      
        | 
           
			 | 
        persons who may interact with an individual with autism or another  | 
      
      
        | 
           
			 | 
        pervasive developmental disorder in the course of their employment,  | 
      
      
        | 
           
			 | 
        including school, medical, or law enforcement personnel; | 
      
      
        | 
           
			 | 
                     (3)  coordinate with local entities that provide  | 
      
      
        | 
           
			 | 
        services to an individual with autism or another pervasive  | 
      
      
        | 
           
			 | 
        developmental disorder; and | 
      
      
        | 
           
			 | 
                     (4)  provide support for families affected by autism  | 
      
      
        | 
           
			 | 
        and other pervasive developmental disorders. | 
      
      
        | 
           
			 | 
               (h)  Notwithstanding the changes in law made by this section,  | 
      
      
        | 
           
			 | 
        the Texas Council on Autism and Pervasive Developmental Disorders  | 
      
      
        | 
           
			 | 
        and any administrative entity of the Texas Council on Autism and  | 
      
      
        | 
           
			 | 
        Pervasive Developmental Disorders shall continue to operate under  | 
      
      
        | 
           
			 | 
        the law as it existed before the effective date of this article, and  | 
      
      
        | 
           
			 | 
        that law is continued in effect for that purpose, until the  | 
      
      
        | 
           
			 | 
        executive commissioner of the Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        begins administering Chapter 114, Human Resources Code, as amended  | 
      
      
        | 
           
			 | 
        by this article, and the commission begins performing the duties  | 
      
      
        | 
           
			 | 
        and functions of the Texas Council on Autism and Pervasive  | 
      
      
        | 
           
			 | 
        Developmental Disorders as required by Section 114.0031, Human  | 
      
      
        | 
           
			 | 
        Resources Code, as added by this article, on the date specified in  | 
      
      
        | 
           
			 | 
        the transition plan required under Section 531.0204, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article. | 
      
      
        | 
           
			 | 
               (i)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall begin administering Chapter 114, Human  | 
      
      
        | 
           
			 | 
        Resources Code, as amended by this article, and the commission  | 
      
      
        | 
           
			 | 
        shall begin performing the duties and functions of the Texas  | 
      
      
        | 
           
			 | 
        Council on Autism and Pervasive Developmental Disorders as required  | 
      
      
        | 
           
			 | 
        by Section 114.0031, Human Resources Code, as added by this  | 
      
      
        | 
           
			 | 
        article, on the date specified in the transition plan required  | 
      
      
        | 
           
			 | 
        under Section 531.0204, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 1.23.  (a)  Effective September 1, 2016, the  | 
      
      
        | 
           
			 | 
        following provisions of the Government Code, including provisions  | 
      
      
        | 
           
			 | 
        amended by S.B. No. 219, Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 531.0235; and | 
      
      
        | 
           
			 | 
                     (2)  Subchapter K, Chapter 531. | 
      
      
        | 
           
			 | 
               (b)  Effective September 1, 2016, the following provisions  | 
      
      
        | 
           
			 | 
        of the Health and Safety Code are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 1001.021; | 
      
      
        | 
           
			 | 
                     (2)  Section 1001.022; | 
      
      
        | 
           
			 | 
                     (3)  Section 1001.023; | 
      
      
        | 
           
			 | 
                     (4)  Section 1001.024; | 
      
      
        | 
           
			 | 
                     (5)  Section 1001.025; | 
      
      
        | 
           
			 | 
                     (6)  Section 1001.026; and | 
      
      
        | 
           
			 | 
                     (7)  Section 1001.027. | 
      
      
        | 
           
			 | 
               (c)  Effective September 1, 2016, the following provisions  | 
      
      
        | 
           
			 | 
        of the Human Resources Code, including provisions added or amended  | 
      
      
        | 
           
			 | 
        by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015,  | 
      
      
        | 
           
			 | 
        are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 40.021; | 
      
      
        | 
           
			 | 
                     (2)  Section 40.022; | 
      
      
        | 
           
			 | 
                     (3)  Section 40.0226; | 
      
      
        | 
           
			 | 
                     (4)  Section 40.024; | 
      
      
        | 
           
			 | 
                     (5)  Section 40.025; | 
      
      
        | 
           
			 | 
                     (6)  Section 40.026; | 
      
      
        | 
           
			 | 
                     (7)  Section 117.002; | 
      
      
        | 
           
			 | 
                     (8)  Section 117.021; | 
      
      
        | 
           
			 | 
                     (9)  Section 117.022; | 
      
      
        | 
           
			 | 
                     (10)  Section 117.023; | 
      
      
        | 
           
			 | 
                     (11)  Section 117.024; | 
      
      
        | 
           
			 | 
                     (12)  Section 117.025; | 
      
      
        | 
           
			 | 
                     (13)  Section 117.026; | 
      
      
        | 
           
			 | 
                     (14)  Section 117.027; | 
      
      
        | 
           
			 | 
                     (15)  Section 117.028; | 
      
      
        | 
           
			 | 
                     (16)  Section 117.029; | 
      
      
        | 
           
			 | 
                     (17)  Section 117.030; | 
      
      
        | 
           
			 | 
                     (18)  Section 117.032; | 
      
      
        | 
           
			 | 
                     (19)  Section 117.051; | 
      
      
        | 
           
			 | 
                     (20)  Section 117.052; | 
      
      
        | 
           
			 | 
                     (21)  Section 117.053; | 
      
      
        | 
           
			 | 
                     (22)  Section 117.054; | 
      
      
        | 
           
			 | 
                     (23)  Section 117.055; | 
      
      
        | 
           
			 | 
                     (24)  Section 117.056; | 
      
      
        | 
           
			 | 
                     (25)  Section 117.0711; | 
      
      
        | 
           
			 | 
                     (26)  Section 117.0712; | 
      
      
        | 
           
			 | 
                     (27)  Section 117.072; | 
      
      
        | 
           
			 | 
                     (28)  Section 161.021; | 
      
      
        | 
           
			 | 
                     (29)  Section 161.022; | 
      
      
        | 
           
			 | 
                     (30)  Section 161.023; | 
      
      
        | 
           
			 | 
                     (31)  Section 161.024; | 
      
      
        | 
           
			 | 
                     (32)  Section 161.025; | 
      
      
        | 
           
			 | 
                     (33)  Section 161.026; | 
      
      
        | 
           
			 | 
                     (34)  Section 161.027; | 
      
      
        | 
           
			 | 
                     (35)  Section 161.028; | 
      
      
        | 
           
			 | 
                     (36)  Section 161.029; and | 
      
      
        | 
           
			 | 
                     (37)  Section 161.030. | 
      
      
        | 
           
			 | 
               (d)  Effective September 1, 2017, Section 531.0055(i),  | 
      
      
        | 
           
			 | 
        Government Code, is repealed. | 
      
      
        | 
           
			 | 
               (e)  Effective September 1, 2017, the following provisions  | 
      
      
        | 
           
			 | 
        of the Human Resources Code, including provisions added or amended  | 
      
      
        | 
           
			 | 
        by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015,  | 
      
      
        | 
           
			 | 
        are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 161.002; | 
      
      
        | 
           
			 | 
                     (2)  Section 161.032; | 
      
      
        | 
           
			 | 
                     (3)  Section 161.051; | 
      
      
        | 
           
			 | 
                     (4)  Section 161.052; | 
      
      
        | 
           
			 | 
                     (5)  Section 161.053; | 
      
      
        | 
           
			 | 
                     (6)  Section 161.054; | 
      
      
        | 
           
			 | 
                     (7)  Section 161.055; | 
      
      
        | 
           
			 | 
                     (8)  Section 161.056; | 
      
      
        | 
           
			 | 
                     (9)  Section 161.0711; | 
      
      
        | 
           
			 | 
                     (10)  Section 161.0712; and | 
      
      
        | 
           
			 | 
                     (11)  Section 161.072. | 
      
      
        | 
           
			 | 
               (f)  Notwithstanding Subsections (a), (b), (c), (d), and (e)  | 
      
      
        | 
           
			 | 
        of this section, the implementation of a provision repealed by one  | 
      
      
        | 
           
			 | 
        of those subsections ceases on the date the responsible state  | 
      
      
        | 
           
			 | 
        agency or entity listed in Section 531.0202, Government Code, as  | 
      
      
        | 
           
			 | 
        added by this article, is abolished as provided by Subchapter A-1,  | 
      
      
        | 
           
			 | 
        Chapter 531, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
        ARTICLE 2.  HEALTH AND HUMAN SERVICES SYSTEM OPERATIONS | 
      
      
        | 
           
			 | 
               SECTION 2.01.  Section 531.001, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Subdivision (3-a) to read as follows: | 
      
      
        | 
           
			 | 
                     (3-a)  "Health and human services system" means the  | 
      
      
        | 
           
			 | 
        system for providing or otherwise administering health and human  | 
      
      
        | 
           
			 | 
        services in this state by the commission, including through an  | 
      
      
        | 
           
			 | 
        office or division of the commission or through another entity  | 
      
      
        | 
           
			 | 
        under the administrative and operational control of the executive  | 
      
      
        | 
           
			 | 
        commissioner. | 
      
      
        | 
           
			 | 
        SECTION 2.02.  Subchapter A, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 531.00552 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.00552.  CONSOLIDATED INTERNAL AUDIT PROGRAM.   | 
      
      
        | 
           
			 | 
        (a)  Notwithstanding Section 2102.005, the commission shall  | 
      
      
        | 
           
			 | 
        operate the internal audit program required under Chapter 2102 for  | 
      
      
        | 
           
			 | 
        the commission and each health and human services agency as a  | 
      
      
        | 
           
			 | 
        consolidated internal audit program. | 
      
      
        | 
           
			 | 
               (b)  For purposes of this section, a reference in Chapter  | 
      
      
        | 
           
			 | 
        2102 to the administrator of a state agency with respect to a health  | 
      
      
        | 
           
			 | 
        and human services agency means the executive commissioner. | 
      
      
        | 
           
			 | 
        SECTION 2.03.  Section 531.006, Government Code, as amended  | 
      
      
        | 
           
			 | 
        by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.006.  ELIGIBILITY FOR APPOINTMENT AS EXECUTIVE  | 
      
      
        | 
           
			 | 
        COMMISSIONER; EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas  | 
      
      
        | 
           
			 | 
        trade association" means a cooperative and voluntarily joined  | 
      
      
        | 
           
			 | 
        statewide association of business or professional competitors in  | 
      
      
        | 
           
			 | 
        this state designed to assist its members and its industry or  | 
      
      
        | 
           
			 | 
        profession in dealing with mutual business or professional problems  | 
      
      
        | 
           
			 | 
        and in promoting their common interest. | 
      
      
        | 
           
			 | 
               (a-1)  A person may not be appointed [is not eligible for 
         | 
      
      
        | 
           
			 | 
        
          appointment] as executive commissioner, may not serve on the  | 
      
      
        | 
           
			 | 
        commission's executive council, and may not be a commission  | 
      
      
        | 
           
			 | 
        employee employed in a "bona fide executive, administrative, or  | 
      
      
        | 
           
			 | 
        professional capacity," as that phrase is used for purposes of  | 
      
      
        | 
           
			 | 
        establishing an exemption to the overtime provisions of the federal  | 
      
      
        | 
           
			 | 
        Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if: | 
      
      
        | 
           
			 | 
                     (1)  the person is an officer, employee, or paid  | 
      
      
        | 
           
			 | 
        consultant of a Texas trade association in the field of health and  | 
      
      
        | 
           
			 | 
        human services; or | 
      
      
        | 
           
			 | 
                     (2)  the person's spouse is an [employee,] officer,  | 
      
      
        | 
           
			 | 
        manager, or paid consultant of a Texas trade association in the [a]  | 
      
      
        | 
           
			 | 
        field of health and human services [under the commission's 
         | 
      
      
        | 
           
			 | 
        
          jurisdiction]. | 
      
      
        | 
           
			 | 
               (b)  A person may not be appointed as executive commissioner  | 
      
      
        | 
           
			 | 
        or act as general counsel of the commission if the person [who] is  | 
      
      
        | 
           
			 | 
        required to register as a lobbyist under Chapter 305 because of the  | 
      
      
        | 
           
			 | 
        person's activities for compensation [in or] on behalf of a  | 
      
      
        | 
           
			 | 
        profession related to the operation of the commission [a field 
         | 
      
      
        | 
           
			 | 
        
          under the commission's jurisdiction may not serve as executive 
         | 
      
      
        | 
           
			 | 
        
          commissioner]. | 
      
      
        | 
           
			 | 
               (c)  A person may not be appointed [is not eligible for 
         | 
      
      
        | 
           
			 | 
        
          appointment] as executive commissioner if the person has a  | 
      
      
        | 
           
			 | 
        financial interest in a corporation, organization, or association  | 
      
      
        | 
           
			 | 
        under contract with: | 
      
      
        | 
           
			 | 
                     (1)  the commission or a health and human services  | 
      
      
        | 
           
			 | 
        agency [Department of State Health Services, if the contract 
         | 
      
      
        | 
           
			 | 
        
          involves mental health services]; | 
      
      
        | 
           
			 | 
                     (2)  [the Department of Aging and Disability Services, 
         | 
      
      
        | 
           
			 | 
        
          if the contract involves intellectual and developmental disability 
         | 
      
      
        | 
           
			 | 
        
          services;
         | 
      
      
        | 
           
			 | 
                     [(3)]  a local mental health or intellectual and  | 
      
      
        | 
           
			 | 
        developmental disability authority; or | 
      
      
        | 
           
			 | 
                     (3) [(4)]  a community center. | 
      
      
        | 
           
			 | 
               SECTION 2.04.  Section 531.0161, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Subsection (c) to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The commission shall: | 
      
      
        | 
           
			 | 
                     (1)  coordinate the implementation of the policy  | 
      
      
        | 
           
			 | 
        developed under Subsection (a); | 
      
      
        | 
           
			 | 
                     (2)  provide training as needed to implement the  | 
      
      
        | 
           
			 | 
        procedures for negotiated rulemaking or alternative dispute  | 
      
      
        | 
           
			 | 
        resolution; and | 
      
      
        | 
           
			 | 
                     (3)  collect data concerning the effectiveness of those  | 
      
      
        | 
           
			 | 
        procedures. | 
      
      
        | 
           
			 | 
               SECTION 2.05.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0164 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0164.  HEALTH AND HUMAN SERVICES SYSTEM INTERNET  | 
      
      
        | 
           
			 | 
        WEBSITE COORDINATION.  The commission shall establish a process to  | 
      
      
        | 
           
			 | 
        ensure Internet websites across the health and human services  | 
      
      
        | 
           
			 | 
        system are developed and maintained according to standard criteria  | 
      
      
        | 
           
			 | 
        for uniformity, efficiency, and technical capabilities.  Under the  | 
      
      
        | 
           
			 | 
        process, the commission shall: | 
      
      
        | 
           
			 | 
                     (1)  develop and maintain an inventory of all health  | 
      
      
        | 
           
			 | 
        and human services system Internet websites; | 
      
      
        | 
           
			 | 
                     (2)  on an ongoing basis, evaluate the inventory  | 
      
      
        | 
           
			 | 
        maintained under Subdivision (1) to: | 
      
      
        | 
           
			 | 
                           (A)  determine whether any of the Internet  | 
      
      
        | 
           
			 | 
        websites should be consolidated to improve public access to those  | 
      
      
        | 
           
			 | 
        websites' content; and | 
      
      
        | 
           
			 | 
                           (B)  ensure the Internet websites comply with the  | 
      
      
        | 
           
			 | 
        standard criteria; and | 
      
      
        | 
           
			 | 
                     (3)  if appropriate, consolidate the websites  | 
      
      
        | 
           
			 | 
        identified under Subdivision (2)(A). | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the effective date of this  | 
      
      
        | 
           
			 | 
        article, the Health and Human Services Commission shall implement  | 
      
      
        | 
           
			 | 
        Section 531.0164, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (c)  As soon as possible after a function is transferred in  | 
      
      
        | 
           
			 | 
        accordance with Section 531.0201, 531.02011, or 531.02012,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this Act, the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission shall, in accordance with Section 531.0164, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article, ensure that an Internet website  | 
      
      
        | 
           
			 | 
        related to the transferred function is updated, transferred, or  | 
      
      
        | 
           
			 | 
        consolidated to reflect the consolidation mandated by Subchapter  | 
      
      
        | 
           
			 | 
        A-1, Chapter 531, Government Code, as added by this Act. | 
      
      
        | 
           
			 | 
               SECTION 2.06.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0171 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0171.  OFFICE OF OMBUDSMAN.  (a)  The executive  | 
      
      
        | 
           
			 | 
        commissioner shall establish the commission's office of the  | 
      
      
        | 
           
			 | 
        ombudsman with authority and responsibility over the health and  | 
      
      
        | 
           
			 | 
        human services system in performing the following functions: | 
      
      
        | 
           
			 | 
                     (1)  providing dispute resolution services for the  | 
      
      
        | 
           
			 | 
        health and human services system; | 
      
      
        | 
           
			 | 
                     (2)  performing consumer protection and advocacy  | 
      
      
        | 
           
			 | 
        functions related to health and human services, including assisting  | 
      
      
        | 
           
			 | 
        a consumer or other interested person with: | 
      
      
        | 
           
			 | 
                           (A)  raising a matter within the health and human  | 
      
      
        | 
           
			 | 
        services system that the person feels is being ignored; and | 
      
      
        | 
           
			 | 
                           (B)  obtaining information regarding a filed  | 
      
      
        | 
           
			 | 
        complaint; and | 
      
      
        | 
           
			 | 
                     (3)  collecting inquiry and complaint data related to  | 
      
      
        | 
           
			 | 
        the health and human services system. | 
      
      
        | 
           
			 | 
               (b)  The office of the ombudsman does not have the authority  | 
      
      
        | 
           
			 | 
        to provide a separate process for resolving complaints or appeals. | 
      
      
        | 
           
			 | 
               (c)  The executive commissioner shall develop a standard  | 
      
      
        | 
           
			 | 
        process for tracking and reporting received inquiries and  | 
      
      
        | 
           
			 | 
        complaints within the health and human services system.  The  | 
      
      
        | 
           
			 | 
        process must provide for the centralized tracking of inquiries and  | 
      
      
        | 
           
			 | 
        complaints submitted to field, regional, or other local health and  | 
      
      
        | 
           
			 | 
        human services system offices. | 
      
      
        | 
           
			 | 
               (d)  Using the process developed under Subsection (c), the  | 
      
      
        | 
           
			 | 
        office of the ombudsman shall collect inquiry and complaint data  | 
      
      
        | 
           
			 | 
        from all offices, agencies, divisions, and other entities within  | 
      
      
        | 
           
			 | 
        the health and human services system.  To assist with the collection  | 
      
      
        | 
           
			 | 
        of data under this subsection, the office may access any system or  | 
      
      
        | 
           
			 | 
        process for recording inquiries and complaints used or maintained  | 
      
      
        | 
           
			 | 
        within the health and human services system. | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the effective date of this  | 
      
      
        | 
           
			 | 
        article, the executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall implement Section 531.0171, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article. | 
      
      
        | 
           
			 | 
               (c)  Notwithstanding any other provision of state law but  | 
      
      
        | 
           
			 | 
        except as provided by Subsection (d) of this section: | 
      
      
        | 
           
			 | 
                     (1)  each office of an ombudsman established before the  | 
      
      
        | 
           
			 | 
        effective date of this section that performs ombudsman duties for a  | 
      
      
        | 
           
			 | 
        state agency or entity subject to abolition under Section 531.0202,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this Act, is abolished on the date the  | 
      
      
        | 
           
			 | 
        state agency or entity for which the office performs ombudsman  | 
      
      
        | 
           
			 | 
        duties is abolished in accordance with the transition plan under  | 
      
      
        | 
           
			 | 
        Section 531.0204, Government Code, as added by this Act; and | 
      
      
        | 
           
			 | 
                     (2)  each office of an ombudsman established before the  | 
      
      
        | 
           
			 | 
        effective date of this section that performs ombudsman duties for  | 
      
      
        | 
           
			 | 
        the Department of Family and Protective Services or the Department  | 
      
      
        | 
           
			 | 
        of State Health Services is abolished on the date specified in the  | 
      
      
        | 
           
			 | 
        transition plan under Section 531.0204, Government Code, as added  | 
      
      
        | 
           
			 | 
        by this Act. | 
      
      
        | 
           
			 | 
               (d)  The following offices of an ombudsman are not abolished  | 
      
      
        | 
           
			 | 
        under Subsection (c) of this section and continue in existence: | 
      
      
        | 
           
			 | 
                     (1)  the office of independent ombudsman for state  | 
      
      
        | 
           
			 | 
        supported living centers established under Subchapter C, Chapter  | 
      
      
        | 
           
			 | 
        555, Health and Safety Code; | 
      
      
        | 
           
			 | 
                     (2)  the office of the state long-term care ombudsman;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (3)  any other ombudsman office serving all or part of  | 
      
      
        | 
           
			 | 
        the health and human services system that is required by federal  | 
      
      
        | 
           
			 | 
        law. | 
      
      
        | 
           
			 | 
               (e)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall certify which offices of ombudsman are  | 
      
      
        | 
           
			 | 
        abolished, and which are exempt from abolition, under Subsection  | 
      
      
        | 
           
			 | 
        (d) of this section and shall publish that certification in the  | 
      
      
        | 
           
			 | 
        Texas Register not later than September 1, 2016. | 
      
      
        | 
           
			 | 
               SECTION 2.07.  (a)  Subchapter A, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.0192 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0192.  HEALTH AND HUMAN SERVICES SYSTEM HOTLINE AND  | 
      
      
        | 
           
			 | 
        CALL CENTER COORDINATION.  (a)  The commission shall establish a  | 
      
      
        | 
           
			 | 
        process to ensure all health and human services system hotlines and  | 
      
      
        | 
           
			 | 
        call centers are necessary and appropriate.  Under the process, the  | 
      
      
        | 
           
			 | 
        commission shall: | 
      
      
        | 
           
			 | 
                     (1)  develop criteria for use in assessing whether a  | 
      
      
        | 
           
			 | 
        hotline or call center serves an ongoing purpose; | 
      
      
        | 
           
			 | 
                     (2)  develop and maintain an inventory of all system  | 
      
      
        | 
           
			 | 
        hotlines and call centers; | 
      
      
        | 
           
			 | 
                     (3)  use the inventory and assessment criteria  | 
      
      
        | 
           
			 | 
        developed under this subsection to periodically consolidate  | 
      
      
        | 
           
			 | 
        hotlines and call centers along appropriate functional lines; | 
      
      
        | 
           
			 | 
                     (4)  develop an approval process designed to ensure  | 
      
      
        | 
           
			 | 
        that a newly established hotline or call center, including the  | 
      
      
        | 
           
			 | 
        telephone system and contract terms for the hotline or call center,  | 
      
      
        | 
           
			 | 
        meets policies and standards established by the commission; and | 
      
      
        | 
           
			 | 
                     (5)  develop policies and standards for hotlines and  | 
      
      
        | 
           
			 | 
        call centers that include both quality and quantity performance  | 
      
      
        | 
           
			 | 
        measures and benchmarks and may include: | 
      
      
        | 
           
			 | 
                           (A)  client satisfaction with call resolution; | 
      
      
        | 
           
			 | 
                           (B)  accuracy of information provided; | 
      
      
        | 
           
			 | 
                           (C)  the percentage of received calls that are  | 
      
      
        | 
           
			 | 
        answered; | 
      
      
        | 
           
			 | 
                           (D)  the amount of time a caller spends on hold;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (E)  call abandonment rates. | 
      
      
        | 
           
			 | 
               (a-1)  In developing policies and standards under Subsection  | 
      
      
        | 
           
			 | 
        (a)(5), the commission may allow varied performance measures and  | 
      
      
        | 
           
			 | 
        benchmarks for a hotline or call center based on factors affecting  | 
      
      
        | 
           
			 | 
        the capacity of the hotline or call center, including factors such  | 
      
      
        | 
           
			 | 
        as staffing levels and funding. | 
      
      
        | 
           
			 | 
               (b)  In consolidating hotlines and call centers under  | 
      
      
        | 
           
			 | 
        Subsection (a)(3), the commission shall seek to maximize the use  | 
      
      
        | 
           
			 | 
        and effectiveness of the commission's 2-1-1 telephone number. | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the effective date of this  | 
      
      
        | 
           
			 | 
        article, the Health and Human Services Commission shall implement  | 
      
      
        | 
           
			 | 
        Section 531.0192, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (c)  Not later than March 1, 2016, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall complete an initial assessment and  | 
      
      
        | 
           
			 | 
        consolidation of hotlines and call centers, as required by Section  | 
      
      
        | 
           
			 | 
        531.0192, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (d)  As soon as possible after a function is transferred in  | 
      
      
        | 
           
			 | 
        accordance with Section 531.0201 or 531.02011, Government Code, as  | 
      
      
        | 
           
			 | 
        added by this Act, the Health and Human Services Commission shall,  | 
      
      
        | 
           
			 | 
        in accordance with Section 531.0192, Government Code, as added by  | 
      
      
        | 
           
			 | 
        this article, ensure a hotline or call center related to the  | 
      
      
        | 
           
			 | 
        transferred function is transferred or consolidated to reflect the  | 
      
      
        | 
           
			 | 
        consolidation mandated by Subchapter A-1, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this Act. | 
      
      
        | 
           
			 | 
        SECTION 2.08.  (a)  Section 531.02111(b), Government Code,  | 
      
      
        | 
           
			 | 
        as amended by S.B. 219, Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The report must include: | 
      
      
        | 
           
			 | 
                     (1)  for each state agency described by Subsection (a): | 
      
      
        | 
           
			 | 
                           (A)  a description of each of the components of  | 
      
      
        | 
           
			 | 
        Medicaid operated by the agency; and | 
      
      
        | 
           
			 | 
                           (B)  an accounting of all funds related to  | 
      
      
        | 
           
			 | 
        Medicaid received and disbursed by the agency during the period  | 
      
      
        | 
           
			 | 
        covered by the report, including: | 
      
      
        | 
           
			 | 
                                 (i)  the amount of any federal Medicaid  | 
      
      
        | 
           
			 | 
        funds allocated to the agency for the support of each of the  | 
      
      
        | 
           
			 | 
        Medicaid components operated by the agency; | 
      
      
        | 
           
			 | 
                                 (ii)  the amount of any funds appropriated  | 
      
      
        | 
           
			 | 
        by the legislature to the agency for each of those components; and | 
      
      
        | 
           
			 | 
                                 (iii)  the amount of Medicaid payments and  | 
      
      
        | 
           
			 | 
        related expenditures made by or in connection with each of those  | 
      
      
        | 
           
			 | 
        components; and | 
      
      
        | 
           
			 | 
                     (2)  for each Medicaid component identified in the  | 
      
      
        | 
           
			 | 
        report: | 
      
      
        | 
           
			 | 
                           (A)  the amount and source of funds or other  | 
      
      
        | 
           
			 | 
        revenue received by or made available to the agency for the  | 
      
      
        | 
           
			 | 
        component; [and] | 
      
      
        | 
           
			 | 
                           (B)  the amount spent on each type of service or  | 
      
      
        | 
           
			 | 
        benefit provided by or under the component; | 
      
      
        | 
           
			 | 
                           (C)  the amount spent on component operations,  | 
      
      
        | 
           
			 | 
        including eligibility determination, claims processing, and case  | 
      
      
        | 
           
			 | 
        management; and | 
      
      
        | 
           
			 | 
                           (D)  the amount spent on any other administrative  | 
      
      
        | 
           
			 | 
        costs [information required by Section 531.02112(b)]. | 
      
      
        | 
           
			 | 
               (b)  The following provisions, including provisions amended  | 
      
      
        | 
           
			 | 
        by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015,  | 
      
      
        | 
           
			 | 
        are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 531.02112, Government Code; | 
      
      
        | 
           
			 | 
                     (2)  Sections 531.03131(f) and (g), Government Code; | 
      
      
        | 
           
			 | 
                     (3)  Section 2155.144(o), Government Code; and | 
      
      
        | 
           
			 | 
                     (4)  Section 22.0251(b), Human Resources Code. | 
      
      
        | 
           
			 | 
               SECTION 2.09.  Subchapter B, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 531.02114 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.02114.  DENTAL DIRECTOR.  The executive  | 
      
      
        | 
           
			 | 
        commissioner shall appoint for Medicaid a dental director who is a  | 
      
      
        | 
           
			 | 
        licensed dentist under Subtitle D, Title 3, Occupations Code, and  | 
      
      
        | 
           
			 | 
        rules adopted under that subtitle by the State Board of Dental  | 
      
      
        | 
           
			 | 
        Examiners. | 
      
      
        | 
           
			 | 
        SECTION 2.10.  (a)  Subchapter B, Chapter 531, Government  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 531.02118 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.02118.  STREAMLINING MEDICAID PROVIDER ENROLLMENT  | 
      
      
        | 
           
			 | 
        AND CREDENTIALING PROCESSES.  (a)  The commission shall streamline  | 
      
      
        | 
           
			 | 
        provider enrollment and credentialing processes under Medicaid. | 
      
      
        | 
           
			 | 
               (b)  In streamlining the Medicaid provider enrollment  | 
      
      
        | 
           
			 | 
        process, the commission shall establish a centralized Internet  | 
      
      
        | 
           
			 | 
        portal through which providers may enroll in Medicaid.  The  | 
      
      
        | 
           
			 | 
        commission may use the Internet portal created under this  | 
      
      
        | 
           
			 | 
        subsection to create a single, consolidated Medicaid provider  | 
      
      
        | 
           
			 | 
        enrollment and credentialing process. | 
      
      
        | 
           
			 | 
               (c)  In streamlining the Medicaid provider credentialing  | 
      
      
        | 
           
			 | 
        process under this section, the commission may designate a  | 
      
      
        | 
           
			 | 
        centralized credentialing entity and may: | 
      
      
        | 
           
			 | 
                     (1)  share information in the database established  | 
      
      
        | 
           
			 | 
        under Subchapter C, Chapter 32, Human Resources Code, with the  | 
      
      
        | 
           
			 | 
        centralized credentialing entity; and | 
      
      
        | 
           
			 | 
                     (2)  require all managed care organizations  | 
      
      
        | 
           
			 | 
        contracting with the commission to provide health care services to  | 
      
      
        | 
           
			 | 
        Medicaid recipients under a managed care plan issued by the  | 
      
      
        | 
           
			 | 
        organization to use the centralized credentialing entity as a hub  | 
      
      
        | 
           
			 | 
        for the collection and sharing of information. | 
      
      
        | 
           
			 | 
               (d)  If cost-effective, the commission may contract with a  | 
      
      
        | 
           
			 | 
        third party to develop the single, consolidated Medicaid provider  | 
      
      
        | 
           
			 | 
        enrollment and credentialing process authorized under Subsection  | 
      
      
        | 
           
			 | 
        (b). | 
      
      
        | 
           
			 | 
               (b)  The Health and Human Services Commission shall  | 
      
      
        | 
           
			 | 
        streamline provider enrollment and credentialing processes as  | 
      
      
        | 
           
			 | 
        required under Section 531.02118, Government Code, as added by this  | 
      
      
        | 
           
			 | 
        article, not later than September 1, 2016. | 
      
      
        | 
           
			 | 
               SECTION 2.11.  (a)  Section 531.02141, Government Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Subsections (c), (d), and (e) to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The commission shall regularly evaluate data submitted  | 
      
      
        | 
           
			 | 
        by managed care organizations that contract with the commission  | 
      
      
        | 
           
			 | 
        under Chapter 533 to determine whether: | 
      
      
        | 
           
			 | 
                     (1)  the data continues to serve a useful purpose; and | 
      
      
        | 
           
			 | 
                     (2)  additional data is needed to oversee contracts or  | 
      
      
        | 
           
			 | 
        evaluate the effectiveness of Medicaid. | 
      
      
        | 
           
			 | 
               (d)  The commission shall collect Medicaid managed care data  | 
      
      
        | 
           
			 | 
        that effectively captures the quality of services received by  | 
      
      
        | 
           
			 | 
        Medicaid recipients. | 
      
      
        | 
           
			 | 
               (e)  The commission shall develop a dashboard for agency  | 
      
      
        | 
           
			 | 
        leadership that is designed to assist leadership with overseeing  | 
      
      
        | 
           
			 | 
        Medicaid and comparing the performance of managed care  | 
      
      
        | 
           
			 | 
        organizations participating in Medicaid.  The dashboard must  | 
      
      
        | 
           
			 | 
        identify a concise number of important Medicaid indicators,  | 
      
      
        | 
           
			 | 
        including key data, performance measures, trends, and problems. | 
      
      
        | 
           
			 | 
               (b)  Not later than March 1, 2016, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall develop the dashboard required by Section  | 
      
      
        | 
           
			 | 
        531.02141(e), Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 2.12.  Subchapter B, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 531.02221 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.02221.  WOMEN'S HEALTH ADVISORY COMMITTEE.   | 
      
      
        | 
           
			 | 
        (a)  The executive commissioner shall establish a women's health  | 
      
      
        | 
           
			 | 
        advisory committee to provide recommendations to the commission on  | 
      
      
        | 
           
			 | 
        the consolidation of women's health programs. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner shall appoint members to the  | 
      
      
        | 
           
			 | 
        advisory committee and ensure that a majority of the members are  | 
      
      
        | 
           
			 | 
        health care providers who: | 
      
      
        | 
           
			 | 
                     (1)  are participating in women's health programs of  | 
      
      
        | 
           
			 | 
        various sizes; | 
      
      
        | 
           
			 | 
                     (2)  are located in separate geographic areas of this  | 
      
      
        | 
           
			 | 
        state; and | 
      
      
        | 
           
			 | 
                     (3)  have experience in operating women's health  | 
      
      
        | 
           
			 | 
        programs. | 
      
      
        | 
           
			 | 
               (c)  The executive commissioner may appoint a member not  | 
      
      
        | 
           
			 | 
        described by Subsection (b) to the women's health advisory  | 
      
      
        | 
           
			 | 
        committee who represents the women's health industry and is  | 
      
      
        | 
           
			 | 
        knowledgeable on the best practices for women's health programs. | 
      
      
        | 
           
			 | 
               (d)  The executive commissioner shall establish the women's  | 
      
      
        | 
           
			 | 
        health advisory committee not later than October 15, 2015. | 
      
      
        | 
           
			 | 
               (e)  The women's health advisory committee is abolished and  | 
      
      
        | 
           
			 | 
        this section expires September 1, 2017. | 
      
      
        | 
           
			 | 
               SECTION 2.13.  Subchapter B, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 531.02731 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.02731.  REPORT OF INFORMATION RESOURCES MANAGER TO  | 
      
      
        | 
           
			 | 
        COMMISSION.  Notwithstanding Section 2054.075(b), the information  | 
      
      
        | 
           
			 | 
        resources manager of a health and human services agency shall  | 
      
      
        | 
           
			 | 
        report directly to the executive commissioner or a deputy executive  | 
      
      
        | 
           
			 | 
        commissioner designated by the executive commissioner. | 
      
      
        | 
           
			 | 
               SECTION 2.14.  Section 531.102, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Subsections (p) and (q) to read as follows: | 
      
      
        | 
           
			 | 
               (p)  In accordance with Section 533.015(b), the office shall  | 
      
      
        | 
           
			 | 
        consult with the executive commissioner regarding the adoption of  | 
      
      
        | 
           
			 | 
        rules defining the office's role in and jurisdiction over, and the  | 
      
      
        | 
           
			 | 
        frequency of, audits of managed care organizations participating in  | 
      
      
        | 
           
			 | 
        Medicaid that are conducted by the office and the commission. | 
      
      
        | 
           
			 | 
               (q)  The office shall coordinate all audit and oversight  | 
      
      
        | 
           
			 | 
        activities, including the development of audit plans, risk  | 
      
      
        | 
           
			 | 
        assessments, and findings, with the commission to minimize the  | 
      
      
        | 
           
			 | 
        duplication of activities.  In coordinating activities under this  | 
      
      
        | 
           
			 | 
        subsection, the office shall: | 
      
      
        | 
           
			 | 
                     (1)  on an annual basis, seek input from the commission  | 
      
      
        | 
           
			 | 
        and consider previous audits and onsite visits made by the  | 
      
      
        | 
           
			 | 
        commission for purposes of determining whether to audit a managed  | 
      
      
        | 
           
			 | 
        care organization participating in Medicaid; and | 
      
      
        | 
           
			 | 
                     (2)  request the results of any informal audit or  | 
      
      
        | 
           
			 | 
        onsite visit performed by the commission that could inform the  | 
      
      
        | 
           
			 | 
        office's risk assessment when determining whether to conduct, or  | 
      
      
        | 
           
			 | 
        the scope of, an audit of a managed care organization participating  | 
      
      
        | 
           
			 | 
        in Medicaid. | 
      
      
        | 
           
			 | 
        SECTION 2.15.  (a)  Section 531.1031(a), Government Code,  | 
      
      
        | 
           
			 | 
        as amended by S.B. 219, Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In this section and Sections 531.1032, 531.1033, and  | 
      
      
        | 
           
			 | 
        531.1034: | 
      
      
        | 
           
			 | 
                     (1)  "Health care professional" means a person issued a  | 
      
      
        | 
           
			 | 
        license[, registration, or certification] to engage in a health  | 
      
      
        | 
           
			 | 
        care profession. | 
      
      
        | 
           
			 | 
                     (1-a)  "License" means a license, certificate,  | 
      
      
        | 
           
			 | 
        registration, permit, or other authorization that: | 
      
      
        | 
           
			 | 
                           (A)  is issued by a licensing authority; and | 
      
      
        | 
           
			 | 
                           (B)  must be obtained before a person may practice  | 
      
      
        | 
           
			 | 
        or engage in a particular business, occupation, or profession. | 
      
      
        | 
           
			 | 
                     (1-b)  "Licensing authority" means a department,  | 
      
      
        | 
           
			 | 
        commission, board, office, or other agency of the state that issues  | 
      
      
        | 
           
			 | 
        a license. | 
      
      
        | 
           
			 | 
                     (1-c)  "Office" means the commission's office of  | 
      
      
        | 
           
			 | 
        inspector general unless a different meaning is plainly required by  | 
      
      
        | 
           
			 | 
        the context in which the term appears. | 
      
      
        | 
           
			 | 
                     (2)  "Participating agency" means: | 
      
      
        | 
           
			 | 
                           (A)  the Medicaid fraud enforcement divisions of  | 
      
      
        | 
           
			 | 
        the office of the attorney general; | 
      
      
        | 
           
			 | 
                           (B)  each licensing authority [board or agency]  | 
      
      
        | 
           
			 | 
        with authority to issue a license to[, register, regulate, or 
         | 
      
      
        | 
           
			 | 
        
          certify] a health care professional or managed care organization  | 
      
      
        | 
           
			 | 
        that may participate in Medicaid; and | 
      
      
        | 
           
			 | 
                           (C)  the [commission's] office [of inspector 
         | 
      
      
        | 
           
			 | 
        
          general]. | 
      
      
        | 
           
			 | 
                     (3)  "Provider" has the meaning assigned by Section  | 
      
      
        | 
           
			 | 
        531.1011(10)(A). | 
      
      
        | 
           
			 | 
               (b)  Subchapter C, Chapter 531, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Sections 531.1032, 531.1033, and 531.1034 to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 531.1032.  OFFICE OF INSPECTOR GENERAL:  CRIMINAL  | 
      
      
        | 
           
			 | 
        HISTORY RECORD INFORMATION CHECK.  (a)  The office and each  | 
      
      
        | 
           
			 | 
        licensing authority that requires the submission of fingerprints  | 
      
      
        | 
           
			 | 
        for the purpose of conducting a criminal history record information  | 
      
      
        | 
           
			 | 
        check of a health care professional shall enter into a memorandum of  | 
      
      
        | 
           
			 | 
        understanding to ensure that only persons who are licensed and in  | 
      
      
        | 
           
			 | 
        good standing as health care professionals participate as providers  | 
      
      
        | 
           
			 | 
        in Medicaid.  The memorandum under this section may be combined with  | 
      
      
        | 
           
			 | 
        a memorandum authorized under Section 531.1031(c-1) and must  | 
      
      
        | 
           
			 | 
        include a process by which: | 
      
      
        | 
           
			 | 
                     (1)  the office may confirm with a licensing authority  | 
      
      
        | 
           
			 | 
        that a health care professional is licensed and in good standing for  | 
      
      
        | 
           
			 | 
        purposes of determining eligibility to participate in Medicaid; and | 
      
      
        | 
           
			 | 
                     (2)  the licensing authority immediately notifies the  | 
      
      
        | 
           
			 | 
        office if: | 
      
      
        | 
           
			 | 
                           (A)  a provider's license has been revoked or  | 
      
      
        | 
           
			 | 
        suspended; or | 
      
      
        | 
           
			 | 
                           (B)  the licensing authority has taken  | 
      
      
        | 
           
			 | 
        disciplinary action against a provider. | 
      
      
        | 
           
			 | 
               (b)  The office may not, for purposes of determining a health  | 
      
      
        | 
           
			 | 
        care professional's eligibility to participate in Medicaid as a  | 
      
      
        | 
           
			 | 
        provider, conduct a criminal history record information check of a  | 
      
      
        | 
           
			 | 
        health care professional who the office has confirmed under  | 
      
      
        | 
           
			 | 
        Subsection (a) is licensed and in good standing.  This subsection  | 
      
      
        | 
           
			 | 
        does not prohibit the office from performing a criminal history  | 
      
      
        | 
           
			 | 
        record information check of a provider that is required or  | 
      
      
        | 
           
			 | 
        appropriate for other reasons, including for conducting an  | 
      
      
        | 
           
			 | 
        investigation of fraud, waste, or abuse. | 
      
      
        | 
           
			 | 
               (c)  For purposes of determining eligibility to participate  | 
      
      
        | 
           
			 | 
        in Medicaid and subject to Subsection (d), the office, after  | 
      
      
        | 
           
			 | 
        seeking public input from various geographic areas across this  | 
      
      
        | 
           
			 | 
        state, either in person or through teleconferencing centers, shall  | 
      
      
        | 
           
			 | 
        establish and the executive commissioner by rule shall adopt  | 
      
      
        | 
           
			 | 
        guidelines for the evaluation of criminal history record  | 
      
      
        | 
           
			 | 
        information of providers and potential providers.  The guidelines  | 
      
      
        | 
           
			 | 
        must outline conduct, by provider type, that may be contained in  | 
      
      
        | 
           
			 | 
        criminal history record information that will result in exclusion  | 
      
      
        | 
           
			 | 
        of a person from Medicaid as a provider, taking into consideration: | 
      
      
        | 
           
			 | 
                     (1)  the extent to which the underlying conduct relates  | 
      
      
        | 
           
			 | 
        to the services provided under Medicaid; | 
      
      
        | 
           
			 | 
                     (2)  the degree to which the person would interact with  | 
      
      
        | 
           
			 | 
        Medicaid recipients as a provider; and | 
      
      
        | 
           
			 | 
                     (3)  any previous evidence that the person engaged in  | 
      
      
        | 
           
			 | 
        fraud, waste, or abuse under Medicaid. | 
      
      
        | 
           
			 | 
               (d)  The guidelines adopted under Subsection (c) may not  | 
      
      
        | 
           
			 | 
        impose stricter standards for the eligibility of a person to  | 
      
      
        | 
           
			 | 
        participate in Medicaid than a licensing authority described by  | 
      
      
        | 
           
			 | 
        Subsection (a) requires for the person to engage in a health care  | 
      
      
        | 
           
			 | 
        profession without restriction in this state. | 
      
      
        | 
           
			 | 
               (e)  The office and the commission shall use the guidelines  | 
      
      
        | 
           
			 | 
        adopted under Subsection (c) to determine whether a provider  | 
      
      
        | 
           
			 | 
        participating in Medicaid continues to be eligible to participate  | 
      
      
        | 
           
			 | 
        in Medicaid as a provider. | 
      
      
        | 
           
			 | 
               (f)  The provider enrollment contractor, if applicable, and  | 
      
      
        | 
           
			 | 
        a managed care organization participating in Medicaid shall defer  | 
      
      
        | 
           
			 | 
        to the office regarding whether a person's criminal history record  | 
      
      
        | 
           
			 | 
        information precludes the person from participating in Medicaid as  | 
      
      
        | 
           
			 | 
        a provider. | 
      
      
        | 
           
			 | 
               Sec. 531.1033.  MONITORING OF CERTAIN FEDERAL DATABASES.   | 
      
      
        | 
           
			 | 
        The office shall routinely check appropriate federal databases,  | 
      
      
        | 
           
			 | 
        including databases referenced in 42 C.F.R. Section 455.436, to  | 
      
      
        | 
           
			 | 
        ensure that a person who is excluded from participating in Medicaid  | 
      
      
        | 
           
			 | 
        or in the Medicare program by the federal government is not  | 
      
      
        | 
           
			 | 
        participating as a provider in Medicaid. | 
      
      
        | 
           
			 | 
               Sec. 531.1034.  TIME TO DETERMINE PROVIDER ELIGIBILITY;  | 
      
      
        | 
           
			 | 
        PERFORMANCE METRICS.  (a)  Not later than the 10th day after the  | 
      
      
        | 
           
			 | 
        date the office receives the complete application of a health care  | 
      
      
        | 
           
			 | 
        professional seeking to participate in Medicaid, the office shall  | 
      
      
        | 
           
			 | 
        inform the commission or the health care professional, as  | 
      
      
        | 
           
			 | 
        appropriate, of the office's determination regarding whether the  | 
      
      
        | 
           
			 | 
        health care professional should be denied participation in Medicaid  | 
      
      
        | 
           
			 | 
        based on: | 
      
      
        | 
           
			 | 
                     (1)  information concerning the licensing status of the  | 
      
      
        | 
           
			 | 
        health care professional obtained as described by Section  | 
      
      
        | 
           
			 | 
        531.1032(a); | 
      
      
        | 
           
			 | 
                     (2)  information contained in the criminal history  | 
      
      
        | 
           
			 | 
        record information check that is evaluated in accordance with  | 
      
      
        | 
           
			 | 
        guidelines adopted under Section 531.1032(c); | 
      
      
        | 
           
			 | 
                     (3)  a review of federal databases under Section  | 
      
      
        | 
           
			 | 
        531.1033; | 
      
      
        | 
           
			 | 
                     (4)  the pendency of an open investigation by the  | 
      
      
        | 
           
			 | 
        office; or | 
      
      
        | 
           
			 | 
                     (5)  any other reason the office determines  | 
      
      
        | 
           
			 | 
        appropriate. | 
      
      
        | 
           
			 | 
               (b)  Completion of an on-site visit of a health care  | 
      
      
        | 
           
			 | 
        professional during the period prescribed by Subsection (a) is not  | 
      
      
        | 
           
			 | 
        required. | 
      
      
        | 
           
			 | 
               (c)  The office shall develop performance metrics to measure  | 
      
      
        | 
           
			 | 
        the length of time for conducting a determination described by  | 
      
      
        | 
           
			 | 
        Subsection (a) with respect to applications that are complete when  | 
      
      
        | 
           
			 | 
        submitted and all other applications. | 
      
      
        | 
           
			 | 
               (c)  Not later than September 1, 2016, the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission shall  | 
      
      
        | 
           
			 | 
        adopt the guidelines required under Section 531.1032(c),  | 
      
      
        | 
           
			 | 
        Government Code, as added by this section. | 
      
      
        | 
           
			 | 
               SECTION 2.16.  (a)  Section 531.251, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. No. 219, Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.251.  TEXAS SYSTEM OF CARE FRAMEWORK [CONSORTIUM].   | 
      
      
        | 
           
			 | 
        (a)  In this section: | 
      
      
        | 
           
			 | 
                     (1)  "Minor" means an individual younger than 18 years  | 
      
      
        | 
           
			 | 
        of age. | 
      
      
        | 
           
			 | 
                     (2)  "Serious emotional disturbance" means a mental,  | 
      
      
        | 
           
			 | 
        behavioral, or emotional disorder of sufficient duration to result  | 
      
      
        | 
           
			 | 
        in functional impairment that substantially interferes with or  | 
      
      
        | 
           
			 | 
        limits a person's role or ability to function in family, school, or  | 
      
      
        | 
           
			 | 
        community activities. | 
      
      
        | 
           
			 | 
                     (3)  "System of care framework" means a framework for  | 
      
      
        | 
           
			 | 
        collaboration among state agencies, minors who have a serious  | 
      
      
        | 
           
			 | 
        emotional disturbance or are at risk of developing a serious  | 
      
      
        | 
           
			 | 
        emotional disturbance, and the families of those minors that  | 
      
      
        | 
           
			 | 
        improves access to services and delivers effective community-based  | 
      
      
        | 
           
			 | 
        services that are family-driven, youth- or young adult-guided, and  | 
      
      
        | 
           
			 | 
        culturally and linguistically competent. | 
      
      
        | 
           
			 | 
               (b)  The commission shall implement [form a consortium to 
         | 
      
      
        | 
           
			 | 
        
          have responsibility for and oversight over] a [state] system of  | 
      
      
        | 
           
			 | 
        care framework to develop local mental health systems of care in  | 
      
      
        | 
           
			 | 
        communities for minors who are receiving residential mental health  | 
      
      
        | 
           
			 | 
        services and supports or inpatient mental health hospitalization,  | 
      
      
        | 
           
			 | 
        have or are at risk of developing a serious emotional disturbance,  | 
      
      
        | 
           
			 | 
        or [who] are at risk of being removed from the minor's home and  | 
      
      
        | 
           
			 | 
        placed in a more restrictive environment to receive mental health  | 
      
      
        | 
           
			 | 
        services and supports, including an inpatient mental health  | 
      
      
        | 
           
			 | 
        hospital, a residential treatment facility, or a facility or  | 
      
      
        | 
           
			 | 
        program operated by the Department of Family and Protective  | 
      
      
        | 
           
			 | 
        Services or an agency that is part of the juvenile justice system. | 
      
      
        | 
           
			 | 
               (c) [(a-1)  The consortium must include:
         | 
      
      
        | 
           
			 | 
                     [(1)
           
           
          representatives of the Department of State Health 
         | 
      
      
        | 
           
			 | 
        
          Services, Department of Family and Protective Services, 
         | 
      
      
        | 
           
			 | 
        
          commission's Medicaid program, Texas Education Agency, Texas 
         | 
      
      
        | 
           
			 | 
        
          Juvenile Justice Department, and Texas Correctional Office on 
         | 
      
      
        | 
           
			 | 
        
          Offenders with Medical or Mental Impairments; and
         | 
      
      
        | 
           
			 | 
                     [(2)  one member who is:
         | 
      
      
        | 
           
			 | 
                           [(A)
           
           
          a youth or young adult who has a serious 
         | 
      
      
        | 
           
			 | 
        
          emotional disturbance and has received mental health services and 
         | 
      
      
        | 
           
			 | 
        
          supports; or
         | 
      
      
        | 
           
			 | 
                           [(B)
           
           
          a family member of a youth or young adult 
         | 
      
      
        | 
           
			 | 
        
          described by Paragraph (A).
         | 
      
      
        | 
           
			 | 
               [(a-2)
           
           
          The consortium may coordinate with the Children's 
         | 
      
      
        | 
           
			 | 
        
          Policy Council for the purposes of including the representation 
         | 
      
      
        | 
           
			 | 
        
          required by Subsection (a-1)(2).
         | 
      
      
        | 
           
			 | 
               [(b)]  The commission [and the consortium] shall: | 
      
      
        | 
           
			 | 
                     (1)  maintain a comprehensive plan for the delivery of  | 
      
      
        | 
           
			 | 
        mental health services and supports to a minor and a minor's family  | 
      
      
        | 
           
			 | 
        using a system of care framework, including best practices in the  | 
      
      
        | 
           
			 | 
        financing, administration, governance, and delivery of those  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (2)  enter memoranda of understanding with the  | 
      
      
        | 
           
			 | 
        Department of State Health Services, the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services, the Texas Education Agency, the Texas Juvenile  | 
      
      
        | 
           
			 | 
        Justice Department, and the Texas Correctional Office on Offenders  | 
      
      
        | 
           
			 | 
        with Medical or Mental Impairments that specify the roles and  | 
      
      
        | 
           
			 | 
        responsibilities of each agency in implementing the comprehensive  | 
      
      
        | 
           
			 | 
        plan described by Subdivision (1) [implement strategies to expand 
         | 
      
      
        | 
           
			 | 
        
          the use of system of care practices in the planning and delivery of 
         | 
      
      
        | 
           
			 | 
        
          services throughout the state]; | 
      
      
        | 
           
			 | 
                     (3)  identify appropriate local, state, and federal  | 
      
      
        | 
           
			 | 
        funding sources to finance infrastructure and mental health  | 
      
      
        | 
           
			 | 
        services and supports needed to support state and local system of  | 
      
      
        | 
           
			 | 
        care framework efforts; [and] | 
      
      
        | 
           
			 | 
                     (4)  develop an evaluation system to measure  | 
      
      
        | 
           
			 | 
        cross-system performance and outcomes of state and local system of  | 
      
      
        | 
           
			 | 
        care framework efforts; and | 
      
      
        | 
           
			 | 
                     (5)  in implementing the provisions of this section,  | 
      
      
        | 
           
			 | 
        consult with stakeholders, including: | 
      
      
        | 
           
			 | 
                           (A)  minors who have or are at risk of developing a  | 
      
      
        | 
           
			 | 
        serious emotional disturbance or young adults who received mental  | 
      
      
        | 
           
			 | 
        health services and supports as a minor with or at risk of  | 
      
      
        | 
           
			 | 
        developing a serious emotional disturbance; and  | 
      
      
        | 
           
			 | 
                           (B)  family members of those minors or young  | 
      
      
        | 
           
			 | 
        adults. | 
      
      
        | 
           
			 | 
               [(b-1)
           
           
          Not later than November 1 of each even-numbered year, 
         | 
      
      
        | 
           
			 | 
        
          the consortium shall submit a report to the legislature and the 
         | 
      
      
        | 
           
			 | 
        
          Council on Children and Families that contains an evaluation of the 
         | 
      
      
        | 
           
			 | 
        
          outcomes of the Texas System of Care and recommendations on 
         | 
      
      
        | 
           
			 | 
        
          strengthening state policies and practices that support local 
         | 
      
      
        | 
           
			 | 
        
          systems of care, including recommendations relating to:
         | 
      
      
        | 
           
			 | 
                     [(1)
           
           
          methods to increase access to effective and 
         | 
      
      
        | 
           
			 | 
        
          coordinated services and supports;
         | 
      
      
        | 
           
			 | 
                     [(2)
           
           
          methods to increase community capacity to 
         | 
      
      
        | 
           
			 | 
        
          implement local systems of care through training and technical 
         | 
      
      
        | 
           
			 | 
        
          assistance;
         | 
      
      
        | 
           
			 | 
                     [(3)
           
           
          use of cross-system performance and outcome data 
         | 
      
      
        | 
           
			 | 
        
          to make informed decisions at individual and system levels; and
         | 
      
      
        | 
           
			 | 
                     [(4)
           
           
          strategies to maximize public and private funding 
         | 
      
      
        | 
           
			 | 
        
          at the local, state, and federal levels.] | 
      
      
        | 
           
			 | 
               (b)  Section 531.255, Government Code, is amended to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 531.255.  EVALUATION.  [(a)]  The commission [and the 
         | 
      
      
        | 
           
			 | 
        
          Department of State Health Services jointly] shall monitor the  | 
      
      
        | 
           
			 | 
        implementation of a system of care framework under Section 531.251  | 
      
      
        | 
           
			 | 
        and adopt rules as necessary to facilitate or adjust that  | 
      
      
        | 
           
			 | 
        implementation [progress of the communities that implement a local 
         | 
      
      
        | 
           
			 | 
        
          system of care, including monitoring cost avoidance and the net 
         | 
      
      
        | 
           
			 | 
        
          savings that result from implementing a local system of care]. | 
      
      
        | 
           
			 | 
               SECTION 2.17.  (a)  Chapter 531, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Subchapter M to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER M.  COORDINATION OF QUALITY INITIATIVES | 
      
      
        | 
           
			 | 
               Sec. 531.451.  OPERATIONAL PLAN TO COORDINATE INITIATIVES.   | 
      
      
        | 
           
			 | 
        (a)  The commission shall develop and implement a comprehensive,  | 
      
      
        | 
           
			 | 
        coordinated operational plan to ensure a consistent approach across  | 
      
      
        | 
           
			 | 
        the major quality initiatives of the health and human services  | 
      
      
        | 
           
			 | 
        system for improving the quality of health care. | 
      
      
        | 
           
			 | 
               (b)  The operational plan developed under this section must  | 
      
      
        | 
           
			 | 
        include broad goals for the improvement of the quality of health  | 
      
      
        | 
           
			 | 
        care in this state, including health care services provided through  | 
      
      
        | 
           
			 | 
        Medicaid. | 
      
      
        | 
           
			 | 
               (c)  The operational plan under this section may evaluate:   | 
      
      
        | 
           
			 | 
        the Delivery System Reform Incentive Payment (DSRIP) program under  | 
      
      
        | 
           
			 | 
        the Texas Health Care Transformation and Quality Improvement  | 
      
      
        | 
           
			 | 
        Program waiver issued under Section 1115 of the federal Social  | 
      
      
        | 
           
			 | 
        Security Act (42 U.S.C. Section 1315), enhancing funding to  | 
      
      
        | 
           
			 | 
        disproportionate share hospitals in the state, Section 1332 of 42  | 
      
      
        | 
           
			 | 
        U.S.C. Section 18052, enhancing uncompensated care pool payments to  | 
      
      
        | 
           
			 | 
        hospitals in the state under the Texas Health Care Transformation  | 
      
      
        | 
           
			 | 
        and Quality Improvement Program waiver issued under Section 1115 of  | 
      
      
        | 
           
			 | 
        the federal Social Security Act (42 U.S.C. Section 1315), home and  | 
      
      
        | 
           
			 | 
        community-based services state plan options under Section 1915(i)  | 
      
      
        | 
           
			 | 
        of the federal Social Security Act (42 U.S.C. Section 1396n), and a  | 
      
      
        | 
           
			 | 
        contingency plan in the event the commission does not obtain an  | 
      
      
        | 
           
			 | 
        extension or renewal of the uncompensated care pool provisions or  | 
      
      
        | 
           
			 | 
        any other provisions of the Texas Health Care Transformation and  | 
      
      
        | 
           
			 | 
        Quality Improvement Program waiver issued under Section 1115 of the  | 
      
      
        | 
           
			 | 
        federal Social Security Act (42 U.S.C. Section 1315). | 
      
      
        | 
           
			 | 
               Sec. 531.452.  REVISION OF MAJOR INITIATIVES.   | 
      
      
        | 
           
			 | 
        Notwithstanding any other law, the commission shall revise major  | 
      
      
        | 
           
			 | 
        quality initiatives of the health and human services system in  | 
      
      
        | 
           
			 | 
        accordance with the operational plan and health care quality  | 
      
      
        | 
           
			 | 
        improvement goals developed under Section 531.451.  To the extent  | 
      
      
        | 
           
			 | 
        it is possible, the commission shall ensure that outcome measure  | 
      
      
        | 
           
			 | 
        data is collected and reported consistently across all major  | 
      
      
        | 
           
			 | 
        quality initiatives to improve the evaluation of the initiatives'  | 
      
      
        | 
           
			 | 
        statewide impact. | 
      
      
        | 
           
			 | 
               Sec. 531.453.  INCENTIVES FOR INITIATIVE COORDINATION.  The  | 
      
      
        | 
           
			 | 
        commission shall consider and, if the commission determines it  | 
      
      
        | 
           
			 | 
        appropriate, develop incentives that promote coordination among  | 
      
      
        | 
           
			 | 
        the various major quality initiatives in accordance with this  | 
      
      
        | 
           
			 | 
        subchapter, including projects and initiatives approved under the  | 
      
      
        | 
           
			 | 
        Texas Health Care Transformation and Quality Improvement Program  | 
      
      
        | 
           
			 | 
        waiver issued under Section 1115 of the federal Social Security Act  | 
      
      
        | 
           
			 | 
        (42 U.S.C. Section 1315). | 
      
      
        | 
           
			 | 
               Sec. 531.454.  RENEWAL OF FEDERAL AUTHORIZATION FOR MEDICAID  | 
      
      
        | 
           
			 | 
        REFORM.  (a)  When the commission seeks to renew the Texas Health  | 
      
      
        | 
           
			 | 
        Care Transformation and Quality Improvement Program waiver issued  | 
      
      
        | 
           
			 | 
        under Section 1115 of the federal Social Security Act (42 U.S.C.  | 
      
      
        | 
           
			 | 
        Section 1315), the commission shall, to the extent permitted under  | 
      
      
        | 
           
			 | 
        federal law: | 
      
      
        | 
           
			 | 
                     (1)  seek to reduce the number of approved project  | 
      
      
        | 
           
			 | 
        options that may be funded under the waiver using delivery system  | 
      
      
        | 
           
			 | 
        reform incentive payments to include only those projects that are: | 
      
      
        | 
           
			 | 
                           (A)  the most critical for improving the quality  | 
      
      
        | 
           
			 | 
        of health care, including behavioral health services; and | 
      
      
        | 
           
			 | 
                           (B)  consistent with the operational plan and  | 
      
      
        | 
           
			 | 
        health care quality improvement goals developed under Section  | 
      
      
        | 
           
			 | 
        531.451; and | 
      
      
        | 
           
			 | 
                     (2)  allow a delivery system reform incentive payment  | 
      
      
        | 
           
			 | 
        project that, as a result of Subdivision (1), is no longer an option  | 
      
      
        | 
           
			 | 
        under the waiver, to continue operating as long as the project meets  | 
      
      
        | 
           
			 | 
        funding requirements and outcome objectives. | 
      
      
        | 
           
			 | 
               (b)  In reducing the number of approved project options under  | 
      
      
        | 
           
			 | 
        Subsection (a), the commission shall take into consideration the  | 
      
      
        | 
           
			 | 
        diversity of local and regional health care needs in this state. | 
      
      
        | 
           
			 | 
               (c)  This section expires September 1, 2017. | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the effective date of this  | 
      
      
        | 
           
			 | 
        article, the Health and Human Services Commission shall develop the  | 
      
      
        | 
           
			 | 
        operational plan and perform the other actions corresponding with  | 
      
      
        | 
           
			 | 
        the operational plan as required under Subchapter M, Chapter 531,  | 
      
      
        | 
           
			 | 
        Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               SECTION 2.18.  Section 533.00255(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In this section, "behavioral health services" means  | 
      
      
        | 
           
			 | 
        mental health and substance abuse disorder services[, other than 
         | 
      
      
        | 
           
			 | 
        
          those provided through the NorthSTAR demonstration project]. | 
      
      
        | 
           
			 | 
               SECTION 2.19.  Section 533.00255, Government Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Subsection (a-1) to read as follows: | 
      
      
        | 
           
			 | 
               (a-1)  Notwithstanding Subsection (a), for purposes of this  | 
      
      
        | 
           
			 | 
        section, the term "behavioral health services" does not include  | 
      
      
        | 
           
			 | 
        mental health and substance disorder services provided through the  | 
      
      
        | 
           
			 | 
        NorthSTAR demonstration project.  This subsection expires on the  | 
      
      
        | 
           
			 | 
        later of the following dates: | 
      
      
        | 
           
			 | 
                     (1)  January 1, 2017; or | 
      
      
        | 
           
			 | 
                     (2)  the last day of the transition deadline for the  | 
      
      
        | 
           
			 | 
        cessation of the NorthSTAR Behavioral Health Services model if that  | 
      
      
        | 
           
			 | 
        deadline is extended in accordance with provisions of H.B. No. 1,  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015 (the General  | 
      
      
        | 
           
			 | 
        Appropriations Act), by written approval of the Legislative Budget  | 
      
      
        | 
           
			 | 
        Board or the governor. | 
      
      
        | 
           
			 | 
               SECTION 2.20.  Subchapter A, Chapter 533, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 533.002551 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 533.002551.  MONITORING OF COMPLIANCE WITH BEHAVIORAL  | 
      
      
        | 
           
			 | 
        HEALTH INTEGRATION.  (a)  In this section, "behavioral health  | 
      
      
        | 
           
			 | 
        services" has the meaning assigned by Section 533.00255. | 
      
      
        | 
           
			 | 
               (b)  In monitoring contracts the commission enters into with  | 
      
      
        | 
           
			 | 
        managed care organizations under this chapter, the commission  | 
      
      
        | 
           
			 | 
        shall: | 
      
      
        | 
           
			 | 
                     (1)  ensure managed care organizations fully integrate  | 
      
      
        | 
           
			 | 
        behavioral health services into a recipient's primary care  | 
      
      
        | 
           
			 | 
        coordination; | 
      
      
        | 
           
			 | 
                     (2)  use performance audits and other oversight tools  | 
      
      
        | 
           
			 | 
        to improve monitoring of the provision and coordination of  | 
      
      
        | 
           
			 | 
        behavioral health services; and | 
      
      
        | 
           
			 | 
                     (3)  establish performance measures that may be used to  | 
      
      
        | 
           
			 | 
        determine the effectiveness of the integration of behavioral health  | 
      
      
        | 
           
			 | 
        services. | 
      
      
        | 
           
			 | 
               (c)  In monitoring a managed care organization's compliance  | 
      
      
        | 
           
			 | 
        with behavioral health services integration requirements under  | 
      
      
        | 
           
			 | 
        this section, the commission shall give particular attention to a  | 
      
      
        | 
           
			 | 
        managed care organization that provides behavioral health services  | 
      
      
        | 
           
			 | 
        through a contract with a third party. | 
      
      
        | 
           
			 | 
               SECTION 2.21.  Subchapter A, Chapter 533, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 533.0061 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 533.0061.  FREQUENCY OF PROVIDER CREDENTIALING.  A  | 
      
      
        | 
           
			 | 
        managed care organization that contracts with the commission to  | 
      
      
        | 
           
			 | 
        provide health care services to Medicaid recipients under a managed  | 
      
      
        | 
           
			 | 
        care plan issued by the organization shall formally recredential a  | 
      
      
        | 
           
			 | 
        physician or other provider with the frequency required by the  | 
      
      
        | 
           
			 | 
        single, consolidated Medicaid provider enrollment and  | 
      
      
        | 
           
			 | 
        credentialing process, if that process is created under Section  | 
      
      
        | 
           
			 | 
        531.02118.  The required frequency of recredentialing may be less  | 
      
      
        | 
           
			 | 
        frequent than once in any three-year period, notwithstanding any  | 
      
      
        | 
           
			 | 
        other law. | 
      
      
        | 
           
			 | 
               SECTION 2.22.  Subchapter A, Chapter 533, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 533.0077 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 533.0077.  STATEWIDE EFFORT TO PROMOTE MAINTENANCE OF  | 
      
      
        | 
           
			 | 
        ELIGIBILITY.  (a)  The commission shall develop and implement a  | 
      
      
        | 
           
			 | 
        statewide effort to assist recipients who satisfy Medicaid  | 
      
      
        | 
           
			 | 
        eligibility requirements and who receive Medicaid services through  | 
      
      
        | 
           
			 | 
        a managed care organization with maintaining eligibility and  | 
      
      
        | 
           
			 | 
        avoiding lapses in coverage under Medicaid. | 
      
      
        | 
           
			 | 
               (b)  As part of its effort under Subsection (a), the  | 
      
      
        | 
           
			 | 
        commission shall: | 
      
      
        | 
           
			 | 
                     (1)  require each managed care organization providing  | 
      
      
        | 
           
			 | 
        health care services to recipients to assist those recipients with  | 
      
      
        | 
           
			 | 
        maintaining eligibility; | 
      
      
        | 
           
			 | 
                     (2)  if the commission determines it is cost-effective,  | 
      
      
        | 
           
			 | 
        develop specific strategies for assisting recipients who receive  | 
      
      
        | 
           
			 | 
        Supplemental Security Income (SSI) benefits under 42 U.S.C. Section  | 
      
      
        | 
           
			 | 
        1381 et seq. with maintaining eligibility; and | 
      
      
        | 
           
			 | 
                     (3)  ensure information that is relevant to a  | 
      
      
        | 
           
			 | 
        recipient's eligibility status is provided to the managed care  | 
      
      
        | 
           
			 | 
        organization through which the recipient receives Medicaid  | 
      
      
        | 
           
			 | 
        services. | 
      
      
        | 
           
			 | 
               SECTION 2.23.  (a)  Section 533.015, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 533.015.  COORDINATION OF EXTERNAL OVERSIGHT  | 
      
      
        | 
           
			 | 
        ACTIVITIES.  (a)  To the extent possible, the commission shall  | 
      
      
        | 
           
			 | 
        coordinate all external oversight activities to minimize  | 
      
      
        | 
           
			 | 
        duplication of oversight of managed care plans under Medicaid and  | 
      
      
        | 
           
			 | 
        disruption of operations under those plans. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner, after consulting with the  | 
      
      
        | 
           
			 | 
        commission's office of inspector general, shall, by rule, define  | 
      
      
        | 
           
			 | 
        the commission's and office's roles in and jurisdiction over, and  | 
      
      
        | 
           
			 | 
        frequency of, audits of managed care organizations participating in  | 
      
      
        | 
           
			 | 
        Medicaid that are conducted by the commission and the commission's  | 
      
      
        | 
           
			 | 
        office of inspector general. | 
      
      
        | 
           
			 | 
               (c)  In accordance with Section 531.102(q), the commission  | 
      
      
        | 
           
			 | 
        shall share with the commission's office of inspector general, at  | 
      
      
        | 
           
			 | 
        the request of the office, the results of any informal audit or  | 
      
      
        | 
           
			 | 
        onsite visit that could inform that office's risk assessment when  | 
      
      
        | 
           
			 | 
        determining whether to conduct, or the scope of, an audit of a  | 
      
      
        | 
           
			 | 
        managed care organization participating in Medicaid. | 
      
      
        | 
           
			 | 
               (b)  Not later than September 1, 2016, the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission shall  | 
      
      
        | 
           
			 | 
        adopt rules required by Section 533.015(b), Government Code, as  | 
      
      
        | 
           
			 | 
        added by this article. | 
      
      
        | 
           
			 | 
               SECTION 2.24.  Section 533.041(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The executive commissioner shall appoint a state  | 
      
      
        | 
           
			 | 
        Medicaid managed care advisory committee.  The advisory committee  | 
      
      
        | 
           
			 | 
        consists of representatives of: | 
      
      
        | 
           
			 | 
                     (1)  hospitals; | 
      
      
        | 
           
			 | 
                     (2)  managed care organizations and participating  | 
      
      
        | 
           
			 | 
        health care providers; | 
      
      
        | 
           
			 | 
                     (3)  primary care providers and specialty care  | 
      
      
        | 
           
			 | 
        providers; | 
      
      
        | 
           
			 | 
                     (4)  state agencies; | 
      
      
        | 
           
			 | 
                     (5)  low-income recipients or consumer advocates  | 
      
      
        | 
           
			 | 
        representing low-income recipients; | 
      
      
        | 
           
			 | 
                     (6)  recipients with disabilities, including  | 
      
      
        | 
           
			 | 
        recipients with an intellectual or developmental disability or with  | 
      
      
        | 
           
			 | 
        physical disabilities, or consumer advocates representing those  | 
      
      
        | 
           
			 | 
        recipients; | 
      
      
        | 
           
			 | 
                     (7)  parents of children who are recipients; | 
      
      
        | 
           
			 | 
                     (8)  rural providers; | 
      
      
        | 
           
			 | 
                     (9)  advocates for children with special health care  | 
      
      
        | 
           
			 | 
        needs; | 
      
      
        | 
           
			 | 
                     (10)  pediatric health care providers, including  | 
      
      
        | 
           
			 | 
        specialty providers; | 
      
      
        | 
           
			 | 
                     (11)  long-term services and supports providers,  | 
      
      
        | 
           
			 | 
        including nursing facility providers and direct service workers; | 
      
      
        | 
           
			 | 
                     (12)  obstetrical care providers; | 
      
      
        | 
           
			 | 
                     (13)  community-based organizations serving low-income  | 
      
      
        | 
           
			 | 
        children and their families; | 
      
      
        | 
           
			 | 
                     (14)  community-based organizations engaged in  | 
      
      
        | 
           
			 | 
        perinatal services and outreach; | 
      
      
        | 
           
			 | 
                     (15)  recipients who are 65 years of age or older; | 
      
      
        | 
           
			 | 
                     (16)  recipients with mental illness; | 
      
      
        | 
           
			 | 
                     (17)  nonphysician mental health providers  | 
      
      
        | 
           
			 | 
        participating in the Medicaid managed care program; and | 
      
      
        | 
           
			 | 
                     (18)  entities with responsibilities for the delivery  | 
      
      
        | 
           
			 | 
        of long-term services and supports or other Medicaid service  | 
      
      
        | 
           
			 | 
        delivery, including: | 
      
      
        | 
           
			 | 
                           (A)  independent living centers; | 
      
      
        | 
           
			 | 
                           (B)  area agencies on aging; | 
      
      
        | 
           
			 | 
                           (C)  aging and disability resource centers  | 
      
      
        | 
           
			 | 
        established under the Aging and Disability Resource Center  | 
      
      
        | 
           
			 | 
        initiative funded in part by the federal Administration on Aging  | 
      
      
        | 
           
			 | 
        and the Centers for Medicare and Medicaid Services; and | 
      
      
        | 
           
			 | 
                           (D)  community mental health and intellectual  | 
      
      
        | 
           
			 | 
        disability centers[; and
         | 
      
      
        | 
           
			 | 
                           [(E)
           
           
          the NorthSTAR Behavioral Health Program 
         | 
      
      
        | 
           
			 | 
        
          provided under Chapter 534, Health and Safety Code]. | 
      
      
        | 
           
			 | 
               SECTION 2.25.  (a)  Chapter 533, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Subchapter E to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER E.  PILOT PROGRAM TO INCREASE INCENTIVE-BASED PROVIDER  | 
      
      
        | 
           
			 | 
        PAYMENTS | 
      
      
        | 
           
			 | 
               Sec. 533.081.  DEFINITION.  In this subchapter, "pilot  | 
      
      
        | 
           
			 | 
        program" means the pilot program to increase incentive-based  | 
      
      
        | 
           
			 | 
        provider payments established under Section 533.082. | 
      
      
        | 
           
			 | 
               Sec. 533.082.  PILOT PROGRAM TO INCREASE INCENTIVE-BASED  | 
      
      
        | 
           
			 | 
        PROVIDER PAYMENTS.  The commission shall develop a pilot program to  | 
      
      
        | 
           
			 | 
        increase the use and effectiveness of incentive-based provider  | 
      
      
        | 
           
			 | 
        payments by managed care organizations providing services under the  | 
      
      
        | 
           
			 | 
        Medicaid managed care program.  The commission and the managed care  | 
      
      
        | 
           
			 | 
        organizations providing those services in at least one managed care  | 
      
      
        | 
           
			 | 
        service delivery area shall work with health care providers and  | 
      
      
        | 
           
			 | 
        professional associations composed of health care providers to  | 
      
      
        | 
           
			 | 
        develop common payment incentive methodologies for the pilot  | 
      
      
        | 
           
			 | 
        program that: | 
      
      
        | 
           
			 | 
                     (1)  are structured to reward appropriate, quality  | 
      
      
        | 
           
			 | 
        care; | 
      
      
        | 
           
			 | 
                     (2)  align outcomes of the pilot program with the  | 
      
      
        | 
           
			 | 
        commission's Medicaid managed care quality-based payment programs; | 
      
      
        | 
           
			 | 
                     (3)  are not intended to supplant existing  | 
      
      
        | 
           
			 | 
        incentive-based contracts between the managed care organizations  | 
      
      
        | 
           
			 | 
        and providers; | 
      
      
        | 
           
			 | 
                     (4)  are structured to encourage formal arrangements  | 
      
      
        | 
           
			 | 
        among providers to work together to provide better patient care; | 
      
      
        | 
           
			 | 
                     (5)  are adopted by all managed care organizations  | 
      
      
        | 
           
			 | 
        providing services under the Medicaid managed care program through  | 
      
      
        | 
           
			 | 
        the same managed care service delivery model so that similar  | 
      
      
        | 
           
			 | 
        incentive methodologies apply to all participating providers under  | 
      
      
        | 
           
			 | 
        the same model; and | 
      
      
        | 
           
			 | 
                     (6)  are voluntarily agreed to by the participating  | 
      
      
        | 
           
			 | 
        providers. | 
      
      
        | 
           
			 | 
               Sec. 533.083.  ASSESSMENT AND IMPLEMENTATION OF PILOT  | 
      
      
        | 
           
			 | 
        PROGRAM FINDINGS.  Not later than September 1, 2018, and  | 
      
      
        | 
           
			 | 
        notwithstanding any other law, the commission shall: | 
      
      
        | 
           
			 | 
                     (1)  based on the results of the pilot program,  | 
      
      
        | 
           
			 | 
        identify which types of incentive-based provider payment goals and  | 
      
      
        | 
           
			 | 
        outcome measures are most appropriate for statewide implementation  | 
      
      
        | 
           
			 | 
        and the services that can be provided using those goals and outcome  | 
      
      
        | 
           
			 | 
        measures; and | 
      
      
        | 
           
			 | 
                     (2)  require that a managed care organization that has  | 
      
      
        | 
           
			 | 
        contracted with the commission to provide health care services to  | 
      
      
        | 
           
			 | 
        recipients implement the payment goals and outcome measures  | 
      
      
        | 
           
			 | 
        identified under Subdivision (1). | 
      
      
        | 
           
			 | 
               Sec. 533.084.  EXPIRATION.  Sections 533.081 and 533.082 and  | 
      
      
        | 
           
			 | 
        this section expire September 1, 2018. | 
      
      
        | 
           
			 | 
               (b)  As soon as possible after the effective date of this  | 
      
      
        | 
           
			 | 
        article, the Health and Human Services Commission shall develop the  | 
      
      
        | 
           
			 | 
        pilot program required under Subchapter E, Chapter 533, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article. | 
      
      
        | 
           
			 | 
               (c)  The Health and Human Services Commission, in a contract  | 
      
      
        | 
           
			 | 
        between the commission and a managed care organization under  | 
      
      
        | 
           
			 | 
        Chapter 533, Government Code, that is entered into or renewed on or  | 
      
      
        | 
           
			 | 
        after September 1, 2018, shall require that the managed care  | 
      
      
        | 
           
			 | 
        organization implement the incentive-based provider payment goals  | 
      
      
        | 
           
			 | 
        and outcome measures identified by the commission under Section  | 
      
      
        | 
           
			 | 
        533.083, Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (d)  The Health and Human Services Commission shall seek to  | 
      
      
        | 
           
			 | 
        amend contracts entered into with managed care organizations under  | 
      
      
        | 
           
			 | 
        Chapter 533, Government Code, before September 1, 2018, to require  | 
      
      
        | 
           
			 | 
        that those managed care organizations implement the  | 
      
      
        | 
           
			 | 
        incentive-based provider payment goals and outcome measures  | 
      
      
        | 
           
			 | 
        identified by the commission under Section 533.083, Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article.  To the extent of a conflict between  | 
      
      
        | 
           
			 | 
        that section and a provision of a contract with a managed care  | 
      
      
        | 
           
			 | 
        organization entered into before September 1, 2018, the contract  | 
      
      
        | 
           
			 | 
        provision prevails. | 
      
      
        | 
           
			 | 
               SECTION 2.26.  Subchapter A, Chapter 552, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 552.0012 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 552.0012.  STUDY REGARDING NEW LOCATION FOR AUSTIN  | 
      
      
        | 
           
			 | 
        STATE HOSPITAL.  (a)  The commission, in coordination with the  | 
      
      
        | 
           
			 | 
        department, the General Land Office, and the Texas Facilities  | 
      
      
        | 
           
			 | 
        Commission, shall conduct a study to determine the feasibility,  | 
      
      
        | 
           
			 | 
        costs, and benefits of transferring operation of the Austin State  | 
      
      
        | 
           
			 | 
        Hospital from the hospital's facilities as of January 1, 2015, to a  | 
      
      
        | 
           
			 | 
        new facility at a new location. | 
      
      
        | 
           
			 | 
               (b)  The study conducted under this section must consider  | 
      
      
        | 
           
			 | 
        potential locations and facilities for the operation of the Austin  | 
      
      
        | 
           
			 | 
        State Hospital that are owned by the state and that are not owned by  | 
      
      
        | 
           
			 | 
        the state.  For each potential location, the study must consider: | 
      
      
        | 
           
			 | 
                     (1)  property and facility costs, including costs  | 
      
      
        | 
           
			 | 
        associated with purchasing or leasing facilities; | 
      
      
        | 
           
			 | 
                     (2)  ease of public access by main roads and public  | 
      
      
        | 
           
			 | 
        transportation; and | 
      
      
        | 
           
			 | 
                     (3)  capacity to accommodate the complete operation of  | 
      
      
        | 
           
			 | 
        the Austin State Hospital without overcrowding or interference in  | 
      
      
        | 
           
			 | 
        the delivery of services to patients. | 
      
      
        | 
           
			 | 
               (c)  In considering property and facility costs of a  | 
      
      
        | 
           
			 | 
        potential location for the Austin State Hospital under Subsection  | 
      
      
        | 
           
			 | 
        (b)(1), the study must assume that proceeds from the sale or lease  | 
      
      
        | 
           
			 | 
        of the Austin State Hospital's facilities as of January 1, 2015,  | 
      
      
        | 
           
			 | 
        would be used for the payment of property and facility costs of a  | 
      
      
        | 
           
			 | 
        new location.  | 
      
      
        | 
           
			 | 
               (d)  The commission, in conducting the study, shall obtain  | 
      
      
        | 
           
			 | 
        input from appropriate stakeholders and from the public at public  | 
      
      
        | 
           
			 | 
        hearings held in locations across the geographic area served by the  | 
      
      
        | 
           
			 | 
        Austin State Hospital. | 
      
      
        | 
           
			 | 
               (e)  Not later than September 1, 2016, the commission shall  | 
      
      
        | 
           
			 | 
        compile a report containing results from the study and submit the  | 
      
      
        | 
           
			 | 
        report to: | 
      
      
        | 
           
			 | 
                     (1)  each legislative standing committee with primary  | 
      
      
        | 
           
			 | 
        jurisdiction over health and human services; | 
      
      
        | 
           
			 | 
                     (2)  the Sunset Advisory Commission; and | 
      
      
        | 
           
			 | 
                     (3)  the Legislative Budget Board. | 
      
      
        | 
           
			 | 
               (f)  This section expires September 1, 2017. | 
      
      
        | 
           
			 | 
               SECTION 2.27.  Section 1001.080(b), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  This section applies to health or mental health  | 
      
      
        | 
           
			 | 
        benefits, services, or assistance provided by the department that  | 
      
      
        | 
           
			 | 
        the department anticipates will be impacted by a health insurance  | 
      
      
        | 
           
			 | 
        exchange as defined by Section 1001.081(a), including: | 
      
      
        | 
           
			 | 
                     (1)  community primary health care services provided  | 
      
      
        | 
           
			 | 
        under Chapter 31; | 
      
      
        | 
           
			 | 
                     (2)  women's and children's health services provided  | 
      
      
        | 
           
			 | 
        under Chapter 32; | 
      
      
        | 
           
			 | 
                     (3)  services for children with special health care  | 
      
      
        | 
           
			 | 
        needs provided under Chapter 35; | 
      
      
        | 
           
			 | 
                     (4)  epilepsy program assistance provided under  | 
      
      
        | 
           
			 | 
        Chapter 40; | 
      
      
        | 
           
			 | 
                     (5)  hemophilia program assistance provided under  | 
      
      
        | 
           
			 | 
        Chapter 41; | 
      
      
        | 
           
			 | 
                     (6)  kidney health care services provided under Chapter  | 
      
      
        | 
           
			 | 
        42; | 
      
      
        | 
           
			 | 
                     (7)  human immunodeficiency virus infection and  | 
      
      
        | 
           
			 | 
        sexually transmitted disease prevention programs and services  | 
      
      
        | 
           
			 | 
        provided under Chapter 85; | 
      
      
        | 
           
			 | 
                     (8)  immunization programs provided under Chapter 161; | 
      
      
        | 
           
			 | 
                     (9)  programs and services provided by the Rio Grande  | 
      
      
        | 
           
			 | 
        State Center under Chapter 252; | 
      
      
        | 
           
			 | 
                     (10)  mental health services for adults provided under  | 
      
      
        | 
           
			 | 
        Chapter 534; | 
      
      
        | 
           
			 | 
                     (11)  mental health services for children provided  | 
      
      
        | 
           
			 | 
        under Chapter 534; | 
      
      
        | 
           
			 | 
                     (12)  [the NorthSTAR Behavioral Health Program 
         | 
      
      
        | 
           
			 | 
        
          provided under Chapter 534;
         | 
      
      
        | 
           
			 | 
                     [(13)]  programs and services provided by community  | 
      
      
        | 
           
			 | 
        mental health hospitals under Chapter 552; | 
      
      
        | 
           
			 | 
                     (13) [(14)]  programs and services provided by state  | 
      
      
        | 
           
			 | 
        mental health hospitals under Chapter 552; and | 
      
      
        | 
           
			 | 
                     (14) [(15)]  any other health or mental health program  | 
      
      
        | 
           
			 | 
        or service designated by the department. | 
      
      
        | 
           
			 | 
               SECTION 2.28.  Section 1001.201(2), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2013, is amended to read as follows: | 
      
      
        | 
           
			 | 
                     (2)  "Local mental health authority" has the meaning  | 
      
      
        | 
           
			 | 
        assigned by Section 531.002 [and includes the local behavioral 
         | 
      
      
        | 
           
			 | 
        
          health authority for the NorthSTAR Behavioral Health Program]. | 
      
      
        | 
           
			 | 
               SECTION 2.29.  Subchapter A, Chapter 33, Human Resources  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 33.018 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 33.018.  SNAP ELIGIBILITY FOLLOWING CERTAIN CRIMINAL  | 
      
      
        | 
           
			 | 
        CONVICTIONS.  (a)  As authorized by 21 U.S.C. Section 862a(d)(1)  | 
      
      
        | 
           
			 | 
        and except as provided by this section, 21 U.S.C. Section  | 
      
      
        | 
           
			 | 
        862a(a)(2) does not apply in determining the eligibility of any  | 
      
      
        | 
           
			 | 
        person for the supplemental nutrition assistance program. | 
      
      
        | 
           
			 | 
               (b)  21 U.S.C.  Section 862a(a)(2) applies in determining the  | 
      
      
        | 
           
			 | 
        eligibility for the supplemental nutrition assistance program of a  | 
      
      
        | 
           
			 | 
        person who has been convicted of, and released on parole or placed  | 
      
      
        | 
           
			 | 
        on community supervision for, any felony offense that has as an  | 
      
      
        | 
           
			 | 
        element the possession, use, or distribution of a controlled  | 
      
      
        | 
           
			 | 
        substance, as defined in 21 U.S.C. Section 802, if the person  | 
      
      
        | 
           
			 | 
        violates any condition of that parole or community supervision.  A  | 
      
      
        | 
           
			 | 
        person described by this subsection is ineligible for the  | 
      
      
        | 
           
			 | 
        supplemental nutrition assistance program only for a two-year  | 
      
      
        | 
           
			 | 
        period beginning on the date the person is found to have violated  | 
      
      
        | 
           
			 | 
        the condition of parole or community supervision, as authorized by  | 
      
      
        | 
           
			 | 
        21 U.S.C. Section 862a(d)(1)(B). | 
      
      
        | 
           
			 | 
               (c)  A person convicted of an offense described by Subsection  | 
      
      
        | 
           
			 | 
        (b) who is receiving supplemental nutrition assistance program  | 
      
      
        | 
           
			 | 
        benefits and who is convicted of a subsequent felony offense,  | 
      
      
        | 
           
			 | 
        regardless of the elements of the offense, is ineligible for the  | 
      
      
        | 
           
			 | 
        supplemental nutrition assistance program. | 
      
      
        | 
           
			 | 
               SECTION 2.30.  The changes in law made by this Act apply only  | 
      
      
        | 
           
			 | 
        to a determination of eligibility of a person for supplemental  | 
      
      
        | 
           
			 | 
        nutrition assistance benefits made on or after the effective date  | 
      
      
        | 
           
			 | 
        of this Act.  A determination of eligibility made before the  | 
      
      
        | 
           
			 | 
        effective date of this Act is governed by the law in effect on the  | 
      
      
        | 
           
			 | 
        date the determination was made, and the former law is continued in  | 
      
      
        | 
           
			 | 
        effect for that purpose. | 
      
      
        | 
           
			 | 
               SECTION 2.31.  (a)  The Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        shall develop a strategic plan to significantly reduce morbidity  | 
      
      
        | 
           
			 | 
        and mortality from chronic respiratory disease, including asthma  | 
      
      
        | 
           
			 | 
        and chronic obstructive pulmonary disease. | 
      
      
        | 
           
			 | 
               (b)  In developing the strategic plan, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall collaborate with the Department of State  | 
      
      
        | 
           
			 | 
        Health Services, including the Chronic Disease Prevention Division  | 
      
      
        | 
           
			 | 
        and may convene any necessary workgroups.  The members of a  | 
      
      
        | 
           
			 | 
        workgroup may include health care providers, medical school and  | 
      
      
        | 
           
			 | 
        academic experts, nonprofit and community organizations, and other  | 
      
      
        | 
           
			 | 
        people the department determines necessary specializing in asthma  | 
      
      
        | 
           
			 | 
        and chronic obstructive pulmonary disease prevention, screening,  | 
      
      
        | 
           
			 | 
        treatment, or research. | 
      
      
        | 
           
			 | 
               (c)  In developing the strategic plan, the Health and Human  | 
      
      
        | 
           
			 | 
        Service Commission shall: | 
      
      
        | 
           
			 | 
                     (1)  identify barriers to effective prevention,  | 
      
      
        | 
           
			 | 
        screening, medication adherence, and treatment for asthma and  | 
      
      
        | 
           
			 | 
        chronic obstructive pulmonary disease; | 
      
      
        | 
           
			 | 
                     (2)  identify methods to increase awareness of the risk  | 
      
      
        | 
           
			 | 
        factors and symptoms associated with asthma and chronic obstructive  | 
      
      
        | 
           
			 | 
        pulmonary disease; | 
      
      
        | 
           
			 | 
                     (3)  identify methods to increase the use of regular  | 
      
      
        | 
           
			 | 
        evidence-based screening for asthma and chronic obstructive  | 
      
      
        | 
           
			 | 
        pulmonary disease; | 
      
      
        | 
           
			 | 
                     (4)  review current technologies and best practices for  | 
      
      
        | 
           
			 | 
        chronic respiratory disease diagnosis, management, and treatment; | 
      
      
        | 
           
			 | 
                     (5)  develop methods for creating partnerships with  | 
      
      
        | 
           
			 | 
        public and private entities to increase awareness of asthma and  | 
      
      
        | 
           
			 | 
        chronic obstructive pulmonary disease; | 
      
      
        | 
           
			 | 
                     (6)  review current prevention, screening, treatment,  | 
      
      
        | 
           
			 | 
        and other related activities in this state for asthma and chronic  | 
      
      
        | 
           
			 | 
        obstructive pulmonary disease and identify areas in which the  | 
      
      
        | 
           
			 | 
        health care services provided through those activities are lacking; | 
      
      
        | 
           
			 | 
                     (7)  estimate the annual direct and indirect state  | 
      
      
        | 
           
			 | 
        health care costs attributable to asthma and chronic obstructive  | 
      
      
        | 
           
			 | 
        pulmonary disease; and | 
      
      
        | 
           
			 | 
                     (8)  make recommendations to the legislature on state  | 
      
      
        | 
           
			 | 
        policy changes and funding needed to implement the strategic plan. | 
      
      
        | 
           
			 | 
               (d)  Not later than December 31, 2016, the Department of  | 
      
      
        | 
           
			 | 
        State Health Services shall deliver to the governor and members of  | 
      
      
        | 
           
			 | 
        the legislature the strategic plan and recommendations on goal  | 
      
      
        | 
           
			 | 
        implementation and schedule compliance related to the strategic  | 
      
      
        | 
           
			 | 
        plan developed as required by this section. | 
      
      
        | 
           
			 | 
               (e)  This section expires January 1, 2017. | 
      
      
        | 
           
			 | 
               SECTION 2.32.  (a)  The Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        shall develop a strategic plan to significantly reduce morbidity  | 
      
      
        | 
           
			 | 
        and mortality from human papillomavirus-associated cancer. | 
      
      
        | 
           
			 | 
               (b)  In developing the strategic plan, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall collaborate with the Department of State  | 
      
      
        | 
           
			 | 
        Health Services and the Cancer Prevention and Research Institute of  | 
      
      
        | 
           
			 | 
        Texas and may convene any necessary workgroups.  The members of a  | 
      
      
        | 
           
			 | 
        workgroup may include: | 
      
      
        | 
           
			 | 
                     (1)  health care providers specializing in human  | 
      
      
        | 
           
			 | 
        papillomavirus-associated cancer prevention, screening,  | 
      
      
        | 
           
			 | 
        treatment, or research; | 
      
      
        | 
           
			 | 
                     (2)  physicians specializing in primary care,  | 
      
      
        | 
           
			 | 
        pediatrics, or obstetrics and gynecology; | 
      
      
        | 
           
			 | 
                     (3)  mid-level health care practitioners; | 
      
      
        | 
           
			 | 
                     (4)  cancer epidemologists; | 
      
      
        | 
           
			 | 
                     (5)  representatives of general academic teaching  | 
      
      
        | 
           
			 | 
        institutions as defined by Section 61.003, Education Code, medical  | 
      
      
        | 
           
			 | 
        and dental units as defined by Section 61.003, Education Code, and  | 
      
      
        | 
           
			 | 
        medical schools as defined by Section 61.501, Education Code; | 
      
      
        | 
           
			 | 
                     (6)  middle school, high school, or college health  | 
      
      
        | 
           
			 | 
        educators; | 
      
      
        | 
           
			 | 
                     (7)  human papillomavirus-associated cancer survivors; | 
      
      
        | 
           
			 | 
                     (8)  representatives from geographic areas or other  | 
      
      
        | 
           
			 | 
        population groups at higher risk of human  | 
      
      
        | 
           
			 | 
        papillomavirus-associated cancer; | 
      
      
        | 
           
			 | 
                     (9)  public advocates concerned with issues related to  | 
      
      
        | 
           
			 | 
        vaccine-preventable diseases; | 
      
      
        | 
           
			 | 
                     (10)  representatives of community-based and  | 
      
      
        | 
           
			 | 
        faith-based organizations involved in providing education,  | 
      
      
        | 
           
			 | 
        awareness, or support relating to human papillomavirus-associated  | 
      
      
        | 
           
			 | 
        cancer; or | 
      
      
        | 
           
			 | 
                     (11)  other people the department determines are  | 
      
      
        | 
           
			 | 
        necessary. | 
      
      
        | 
           
			 | 
               (c)  In developing the strategic plan, the Department of  | 
      
      
        | 
           
			 | 
        State Health Services shall: | 
      
      
        | 
           
			 | 
                     (1)  identify barriers to effective prevention,  | 
      
      
        | 
           
			 | 
        screening, and treatment for human papillomavirus-associated  | 
      
      
        | 
           
			 | 
        cancer, including specific barriers affecting providers and  | 
      
      
        | 
           
			 | 
        patients; | 
      
      
        | 
           
			 | 
                     (2)  identify methods, other than a mandate, to  | 
      
      
        | 
           
			 | 
        increase the number of people vaccinated against human  | 
      
      
        | 
           
			 | 
        papillomavirus; | 
      
      
        | 
           
			 | 
                     (3)  identify methods to increase use of evidence-based  | 
      
      
        | 
           
			 | 
        screening to enhance the number of people screened regularly for  | 
      
      
        | 
           
			 | 
        human papillomavirus-associated cancer; | 
      
      
        | 
           
			 | 
                     (4)  review current technologies and best practices for  | 
      
      
        | 
           
			 | 
        human papillomavirus-associated cancer screening; | 
      
      
        | 
           
			 | 
                     (5)  review technology available to diagnose and  | 
      
      
        | 
           
			 | 
        prevent infection by human papillomavirus; | 
      
      
        | 
           
			 | 
                     (6)  develop methods for creating partnerships with  | 
      
      
        | 
           
			 | 
        public and private entities to increase awareness of human  | 
      
      
        | 
           
			 | 
        papillomavirus-associated cancer and of the importance of  | 
      
      
        | 
           
			 | 
        vaccination education and regular screening; | 
      
      
        | 
           
			 | 
                     (7)  review current prevention, screening, treatment,  | 
      
      
        | 
           
			 | 
        and related activities in this state and identify areas in which the  | 
      
      
        | 
           
			 | 
        services for those activities are lacking; | 
      
      
        | 
           
			 | 
                     (8)  estimate the annual direct and indirect state  | 
      
      
        | 
           
			 | 
        health care costs attributable to human papillomavirus-associated  | 
      
      
        | 
           
			 | 
        cancers; | 
      
      
        | 
           
			 | 
                     (9)  identify actions necessary to increase  | 
      
      
        | 
           
			 | 
        vaccination and screening rates and reduce the morbidity and  | 
      
      
        | 
           
			 | 
        mortality from human papillomavirus-associated cancer and  | 
      
      
        | 
           
			 | 
        establish a schedule for implementing those actions; and | 
      
      
        | 
           
			 | 
                     (10)  make recommendations to the legislature on policy  | 
      
      
        | 
           
			 | 
        changes and funding needed to implement the strategic plan. | 
      
      
        | 
           
			 | 
               (d)  Not later than December 31, 2016, the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall deliver to the governor and members of  | 
      
      
        | 
           
			 | 
        the legislature the strategic plan and recommendations on goal  | 
      
      
        | 
           
			 | 
        implementation and schedule compliance related to the strategic  | 
      
      
        | 
           
			 | 
        plan. | 
      
      
        | 
           
			 | 
               (e)  This section expires January 1, 2017. | 
      
      
        | 
           
			 | 
        ARTICLE 3.  HEALTH AND HUMAN SERVICES SYSTEM ADVISORY ENTITIES | 
      
      
        | 
           
			 | 
               SECTION 3.01.  Section 262.353(d), Family Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (d)  Not later than September 30, 2014, the department and  | 
      
      
        | 
           
			 | 
        the Department of State Health Services shall file a report with the  | 
      
      
        | 
           
			 | 
        legislature [and the Council on Children and Families] on the  | 
      
      
        | 
           
			 | 
        results of the study required by Subsection (a).  The report must  | 
      
      
        | 
           
			 | 
        include: | 
      
      
        | 
           
			 | 
                     (1)  each option to prevent relinquishment of parental  | 
      
      
        | 
           
			 | 
        custody that was considered during the study; | 
      
      
        | 
           
			 | 
                     (2)  each option recommended for implementation, if  | 
      
      
        | 
           
			 | 
        any; | 
      
      
        | 
           
			 | 
                     (3)  each option that is implemented using existing  | 
      
      
        | 
           
			 | 
        resources; | 
      
      
        | 
           
			 | 
                     (4)  any policy or statutory change needed to implement  | 
      
      
        | 
           
			 | 
        a recommended option; | 
      
      
        | 
           
			 | 
                     (5)  the fiscal impact of implementing each option, if  | 
      
      
        | 
           
			 | 
        any; | 
      
      
        | 
           
			 | 
                     (6)  the estimated number of children and families that  | 
      
      
        | 
           
			 | 
        may be affected by the implementation of each option; and | 
      
      
        | 
           
			 | 
                     (7)  any other significant information relating to the  | 
      
      
        | 
           
			 | 
        study. | 
      
      
        | 
           
			 | 
               SECTION 3.02.  (a)  Section 531.012, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.012.  ADVISORY COMMITTEES.  (a)  The executive  | 
      
      
        | 
           
			 | 
        commissioner shall establish and maintain [may appoint] advisory  | 
      
      
        | 
           
			 | 
        committees to consider issues and solicit public input across all  | 
      
      
        | 
           
			 | 
        major areas of the health and human services system which may be  | 
      
      
        | 
           
			 | 
        from various geographic areas across the state, which may be done  | 
      
      
        | 
           
			 | 
        either in person or through teleconferencing centers, including  | 
      
      
        | 
           
			 | 
        relating to the following issues: | 
      
      
        | 
           
			 | 
                     (1)  Medicaid and other social services programs; | 
      
      
        | 
           
			 | 
                     (2)  managed care under Medicaid and the child health  | 
      
      
        | 
           
			 | 
        plan program; | 
      
      
        | 
           
			 | 
                     (3)  health care quality initiatives; | 
      
      
        | 
           
			 | 
                     (4)  aging; | 
      
      
        | 
           
			 | 
                     (5)  persons with disabilities, including persons with  | 
      
      
        | 
           
			 | 
        autism; | 
      
      
        | 
           
			 | 
                     (6)  rehabilitation, including for persons with brain  | 
      
      
        | 
           
			 | 
        injuries; | 
      
      
        | 
           
			 | 
                     (7)  children; | 
      
      
        | 
           
			 | 
                     (8)  public health; | 
      
      
        | 
           
			 | 
                     (9)  behavioral health; | 
      
      
        | 
           
			 | 
                     (10)  regulatory matters; | 
      
      
        | 
           
			 | 
                     (11)  protective services; and | 
      
      
        | 
           
			 | 
                     (12)  prevention efforts. | 
      
      
        | 
           
			 | 
               (b)  Chapter 2110 applies to an advisory committee  | 
      
      
        | 
           
			 | 
        established under this section. | 
      
      
        | 
           
			 | 
               (c)  The executive commissioner shall adopt rules: | 
      
      
        | 
           
			 | 
                     (1)  in compliance with Chapter 2110 to govern an  | 
      
      
        | 
           
			 | 
        advisory committee's purpose, tasks, reporting requirements, and  | 
      
      
        | 
           
			 | 
        date of abolition; and | 
      
      
        | 
           
			 | 
                     (2)  related to an advisory committee's: | 
      
      
        | 
           
			 | 
                           (A)  size and quorum requirements; | 
      
      
        | 
           
			 | 
                           (B)  membership, including: | 
      
      
        | 
           
			 | 
                                 (i)  qualifications to be a member,  | 
      
      
        | 
           
			 | 
        including any experience requirements; | 
      
      
        | 
           
			 | 
                                 (ii)  required geographic representation; | 
      
      
        | 
           
			 | 
                                 (iii)  appointment procedures; and | 
      
      
        | 
           
			 | 
                                 (iv)  terms of members; and | 
      
      
        | 
           
			 | 
                           (C)  duty to comply with the requirements for open  | 
      
      
        | 
           
			 | 
        meetings under Chapter 551. | 
      
      
        | 
           
			 | 
               (d)  An advisory committee established under this section  | 
      
      
        | 
           
			 | 
        shall: | 
      
      
        | 
           
			 | 
                     (1)  report any recommendations to the executive  | 
      
      
        | 
           
			 | 
        commissioner at a meeting of the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission Executive Council established under Section 531.0051;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  submit a written report to the legislature of any  | 
      
      
        | 
           
			 | 
        policy recommendations made to the executive commissioner under  | 
      
      
        | 
           
			 | 
        Subdivision (1) [as needed]. | 
      
      
        | 
           
			 | 
               (b)  Not later than March 1, 2016, the executive commissioner  | 
      
      
        | 
           
			 | 
        of the Health and Human Services Commission shall adopt rules under  | 
      
      
        | 
           
			 | 
        Section 531.012, Government Code, as amended by this article.  This  | 
      
      
        | 
           
			 | 
        subsection takes effect September 1, 2015. | 
      
      
        | 
           
			 | 
               SECTION 3.03.  Subchapter A, Chapter 531, Government Code,  | 
      
      
        | 
           
			 | 
        is amended by adding Section 531.0121 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0121.  PUBLIC ACCESS TO ADVISORY COMMITTEE  | 
      
      
        | 
           
			 | 
        MEETINGS.  (a)  This section applies to an advisory committee  | 
      
      
        | 
           
			 | 
        established under Section 531.012. | 
      
      
        | 
           
			 | 
               (b)  The commission shall create a master calendar that  | 
      
      
        | 
           
			 | 
        includes all advisory committee meetings across the health and  | 
      
      
        | 
           
			 | 
        human services system. | 
      
      
        | 
           
			 | 
               (c)  The commission shall make available on the commission's  | 
      
      
        | 
           
			 | 
        Internet website: | 
      
      
        | 
           
			 | 
                     (1)  the master calendar; | 
      
      
        | 
           
			 | 
                     (2)  all meeting materials for an advisory committee  | 
      
      
        | 
           
			 | 
        meeting; and | 
      
      
        | 
           
			 | 
                     (3)  streaming live video of each advisory committee  | 
      
      
        | 
           
			 | 
        meeting. | 
      
      
        | 
           
			 | 
               (d)  The commission shall provide Internet access in each  | 
      
      
        | 
           
			 | 
        room used for a meeting that appears on the master calendar. | 
      
      
        | 
           
			 | 
               SECTION 3.04.  Section 531.0216(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  In developing the system, the executive commissioner by  | 
      
      
        | 
           
			 | 
        rule shall: | 
      
      
        | 
           
			 | 
                     (1)  review programs and pilot projects in other states  | 
      
      
        | 
           
			 | 
        to determine the most effective method for reimbursement; | 
      
      
        | 
           
			 | 
                     (2)  establish billing codes and a fee schedule for  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (3)  provide for an approval process before a provider  | 
      
      
        | 
           
			 | 
        can receive reimbursement for services; | 
      
      
        | 
           
			 | 
                     (4)  consult with the Department of State Health  | 
      
      
        | 
           
			 | 
        Services [and the telemedicine and telehealth advisory committee]  | 
      
      
        | 
           
			 | 
        to establish procedures to: | 
      
      
        | 
           
			 | 
                           (A)  identify clinical evidence supporting  | 
      
      
        | 
           
			 | 
        delivery of health care services using a telecommunications system;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (B)  annually review health care services,  | 
      
      
        | 
           
			 | 
        considering new clinical findings, to determine whether  | 
      
      
        | 
           
			 | 
        reimbursement for particular services should be denied or  | 
      
      
        | 
           
			 | 
        authorized; | 
      
      
        | 
           
			 | 
                     (5)  establish a separate provider identifier for  | 
      
      
        | 
           
			 | 
        telemedicine medical services providers, telehealth services  | 
      
      
        | 
           
			 | 
        providers, and home telemonitoring services providers; and | 
      
      
        | 
           
			 | 
                     (6)  establish a separate modifier for telemedicine  | 
      
      
        | 
           
			 | 
        medical services, telehealth services, and home telemonitoring  | 
      
      
        | 
           
			 | 
        services eligible for reimbursement. | 
      
      
        | 
           
			 | 
               SECTION 3.05.  Section 531.02441(j), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (j)  The task force is abolished and this [This] section  | 
      
      
        | 
           
			 | 
        expires September 1, 2017. | 
      
      
        | 
           
			 | 
               SECTION 3.06.  Section 531.051(c), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  In adopting rules for the consumer direction models, the  | 
      
      
        | 
           
			 | 
        executive commissioner shall: | 
      
      
        | 
           
			 | 
                     (1)  [with assistance from the work group established 
         | 
      
      
        | 
           
			 | 
        
          under Section 531.052,] determine which services are appropriate  | 
      
      
        | 
           
			 | 
        and suitable for delivery through consumer direction; | 
      
      
        | 
           
			 | 
                     (2)  ensure that each consumer direction model is  | 
      
      
        | 
           
			 | 
        designed to comply with applicable federal and state laws; | 
      
      
        | 
           
			 | 
                     (3)  maintain procedures to ensure that a potential  | 
      
      
        | 
           
			 | 
        consumer or the consumer's legally authorized representative has  | 
      
      
        | 
           
			 | 
        adequate and appropriate information, including the  | 
      
      
        | 
           
			 | 
        responsibilities of a consumer or representative under each service  | 
      
      
        | 
           
			 | 
        delivery option, to make an informed choice among the types of  | 
      
      
        | 
           
			 | 
        consumer direction models; | 
      
      
        | 
           
			 | 
                     (4)  require each consumer or the consumer's legally  | 
      
      
        | 
           
			 | 
        authorized representative to sign a statement acknowledging  | 
      
      
        | 
           
			 | 
        receipt of the information required by Subdivision (3); | 
      
      
        | 
           
			 | 
                     (5)  maintain procedures to monitor delivery of  | 
      
      
        | 
           
			 | 
        services through consumer direction to ensure: | 
      
      
        | 
           
			 | 
                           (A)  adherence to existing applicable program  | 
      
      
        | 
           
			 | 
        standards; | 
      
      
        | 
           
			 | 
                           (B)  appropriate use of funds; and | 
      
      
        | 
           
			 | 
                           (C)  consumer satisfaction with the delivery of  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (6)  ensure that authorized program services that are  | 
      
      
        | 
           
			 | 
        not being delivered to a consumer through consumer direction are  | 
      
      
        | 
           
			 | 
        provided by a provider agency chosen by the consumer or the  | 
      
      
        | 
           
			 | 
        consumer's legally authorized representative; and | 
      
      
        | 
           
			 | 
                     (7)  [work in conjunction with the work group 
         | 
      
      
        | 
           
			 | 
        
          established under Section 531.052 to] set a timetable to complete  | 
      
      
        | 
           
			 | 
        the implementation of the consumer direction models. | 
      
      
        | 
           
			 | 
               SECTION 3.07.  Section 531.067, Government Code, as amended  | 
      
      
        | 
           
			 | 
        by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.067.  PROGRAM TO IMPROVE AND MONITOR CERTAIN  | 
      
      
        | 
           
			 | 
        OUTCOMES OF RECIPIENTS UNDER CHILD HEALTH PLAN PROGRAM AND MEDICAID  | 
      
      
        | 
           
			 | 
        [PUBLIC ASSISTANCE HEALTH BENEFIT REVIEW AND DESIGN COMMITTEE].   | 
      
      
        | 
           
			 | 
        The [(a)
           
           
          The commission shall appoint a Public Assistance Health 
         | 
      
      
        | 
           
			 | 
        
          Benefit Review and Design Committee.  The committee consists of 
         | 
      
      
        | 
           
			 | 
        
          nine representatives of health care providers participating in 
         | 
      
      
        | 
           
			 | 
        
          Medicaid or the child health plan program, or both.  The committee 
         | 
      
      
        | 
           
			 | 
        
          membership must include at least three representatives from each 
         | 
      
      
        | 
           
			 | 
        
          program.
         | 
      
      
        | 
           
			 | 
               [(b)
           
           
          The executive commissioner shall designate one member 
         | 
      
      
        | 
           
			 | 
        
          to serve as presiding officer for a term of two years.
         | 
      
      
        | 
           
			 | 
               [(c)
           
           
          The committee shall meet at the call of the presiding 
         | 
      
      
        | 
           
			 | 
        
          officer.
         | 
      
      
        | 
           
			 | 
               [(d)
           
           
          The committee shall review and provide recommendations 
         | 
      
      
        | 
           
			 | 
        
          to the commission regarding health benefits and coverages provided 
         | 
      
      
        | 
           
			 | 
        
          under Medicaid, the child health plan program, and any other 
         | 
      
      
        | 
           
			 | 
        
          income-based health care program administered by the commission or 
         | 
      
      
        | 
           
			 | 
        
          a health and human services agency.  In performing its duties under 
         | 
      
      
        | 
           
			 | 
        
          this subsection, the committee must:
         | 
      
      
        | 
           
			 | 
                     [(1)
           
           
          review benefits provided under each of the 
         | 
      
      
        | 
           
			 | 
        
          programs; and
         | 
      
      
        | 
           
			 | 
                     [(2)
           
           
          review procedures for addressing high 
         | 
      
      
        | 
           
			 | 
        
          utilization of benefits by recipients.
         | 
      
      
        | 
           
			 | 
               [(e)
           
           
          The commission shall provide administrative support 
         | 
      
      
        | 
           
			 | 
        
          and resources as necessary for the committee to perform its duties 
         | 
      
      
        | 
           
			 | 
        
          under this section.
         | 
      
      
        | 
           
			 | 
               [(f)  Section 2110.008 does not apply to the committee.
         | 
      
      
        | 
           
			 | 
               [(g)  In performing the duties under this section, the]  | 
      
      
        | 
           
			 | 
        commission may design and implement a program to improve and  | 
      
      
        | 
           
			 | 
        monitor clinical and functional outcomes of a recipient of services  | 
      
      
        | 
           
			 | 
        under Medicaid or the state child health plan program.  The program  | 
      
      
        | 
           
			 | 
        may use financial, clinical, and other criteria based on pharmacy,  | 
      
      
        | 
           
			 | 
        medical services, and other claims data related to Medicaid or the  | 
      
      
        | 
           
			 | 
        child health plan program.  [The commission must report to the 
         | 
      
      
        | 
           
			 | 
        
          committee on the fiscal impact, including any savings associated 
         | 
      
      
        | 
           
			 | 
        
          with the strategies utilized under this section.] | 
      
      
        | 
           
			 | 
        SECTION 3.08.  (a)  Section 531.0691, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is redesignated as Section 531.0735, Government Code, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0735 [531.0691].  MEDICAID DRUG UTILIZATION REVIEW  | 
      
      
        | 
           
			 | 
        PROGRAM:  DRUG USE REVIEWS AND ANNUAL REPORT.  (a)  In this section: | 
      
      
        | 
           
			 | 
                     (1)  "Medicaid Drug Utilization Review Program" means  | 
      
      
        | 
           
			 | 
        the program operated by the vendor drug program to improve the  | 
      
      
        | 
           
			 | 
        quality of pharmaceutical care under Medicaid. | 
      
      
        | 
           
			 | 
                     (2)  "Prospective drug use review" means the review of  | 
      
      
        | 
           
			 | 
        a patient's drug therapy and prescription drug order or medication  | 
      
      
        | 
           
			 | 
        order before dispensing or distributing a drug to the patient. | 
      
      
        | 
           
			 | 
                     (3)  "Retrospective drug use review" means the review  | 
      
      
        | 
           
			 | 
        of prescription drug claims data to identify patterns of  | 
      
      
        | 
           
			 | 
        prescribing. | 
      
      
        | 
           
			 | 
               (b)  The commission shall provide for an increase in the  | 
      
      
        | 
           
			 | 
        number and types of retrospective drug use reviews performed each  | 
      
      
        | 
           
			 | 
        year under the Medicaid Drug Utilization Review Program, in  | 
      
      
        | 
           
			 | 
        comparison to the number and types of reviews performed in the state  | 
      
      
        | 
           
			 | 
        fiscal year ending August 31, 2009. | 
      
      
        | 
           
			 | 
               (c)  In determining the number and types of drug use reviews  | 
      
      
        | 
           
			 | 
        to be performed, the commission shall: | 
      
      
        | 
           
			 | 
                     (1)  allow for the repeat of retrospective drug use  | 
      
      
        | 
           
			 | 
        reviews that address ongoing drug therapy problems and that, in  | 
      
      
        | 
           
			 | 
        previous years, improved client outcomes and reduced Medicaid  | 
      
      
        | 
           
			 | 
        spending; | 
      
      
        | 
           
			 | 
                     (2)  consider implementing disease-specific  | 
      
      
        | 
           
			 | 
        retrospective drug use reviews that address ongoing drug therapy  | 
      
      
        | 
           
			 | 
        problems in this state and that reduced Medicaid prescription drug  | 
      
      
        | 
           
			 | 
        use expenditures in other states; and | 
      
      
        | 
           
			 | 
                     (3)  regularly examine Medicaid prescription drug  | 
      
      
        | 
           
			 | 
        claims data to identify occurrences of potential drug therapy  | 
      
      
        | 
           
			 | 
        problems that may be addressed by repeating successful  | 
      
      
        | 
           
			 | 
        retrospective drug use reviews performed in this state and other  | 
      
      
        | 
           
			 | 
        states. | 
      
      
        | 
           
			 | 
               (d)  In addition to any other information required by federal  | 
      
      
        | 
           
			 | 
        law, the commission shall include the following information in the  | 
      
      
        | 
           
			 | 
        annual report regarding the Medicaid Drug Utilization Review  | 
      
      
        | 
           
			 | 
        Program: | 
      
      
        | 
           
			 | 
                     (1)  a detailed description of the program's  | 
      
      
        | 
           
			 | 
        activities; and | 
      
      
        | 
           
			 | 
                     (2)  estimates of cost savings anticipated to result  | 
      
      
        | 
           
			 | 
        from the program's performance of prospective and retrospective  | 
      
      
        | 
           
			 | 
        drug use reviews. | 
      
      
        | 
           
			 | 
               (e)  The cost-saving estimates for prospective drug use  | 
      
      
        | 
           
			 | 
        reviews under Subsection (d) must include savings attributed to  | 
      
      
        | 
           
			 | 
        drug use reviews performed through the vendor drug program's  | 
      
      
        | 
           
			 | 
        electronic claims processing system and clinical edits screened  | 
      
      
        | 
           
			 | 
        through the prior authorization system implemented under Section  | 
      
      
        | 
           
			 | 
        531.073. | 
      
      
        | 
           
			 | 
               (f)  The commission shall post the annual report regarding  | 
      
      
        | 
           
			 | 
        the Medicaid Drug Utilization Review Program on the commission's  | 
      
      
        | 
           
			 | 
        website. | 
      
      
        | 
           
			 | 
               (b)  Subchapter B, Chapter 531, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Section 531.0736 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0736.  DRUG UTILIZATION REVIEW BOARD.  (a)  In this  | 
      
      
        | 
           
			 | 
        section, "board" means the Drug Utilization Review Board. | 
      
      
        | 
           
			 | 
               (b)  In addition to performing any other duties required by  | 
      
      
        | 
           
			 | 
        federal law, the board shall: | 
      
      
        | 
           
			 | 
                     (1)  develop and submit to the commission  | 
      
      
        | 
           
			 | 
        recommendations for preferred drug lists adopted by the commission  | 
      
      
        | 
           
			 | 
        under Section 531.072; | 
      
      
        | 
           
			 | 
                     (2)  suggest to the commission restrictions or clinical  | 
      
      
        | 
           
			 | 
        edits on prescription drugs; | 
      
      
        | 
           
			 | 
                     (3)  recommend to the commission educational  | 
      
      
        | 
           
			 | 
        interventions for Medicaid providers; | 
      
      
        | 
           
			 | 
                     (4)  review drug utilization across Medicaid; and | 
      
      
        | 
           
			 | 
                     (5)  perform other duties that may be specified by law  | 
      
      
        | 
           
			 | 
        and otherwise make recommendations to the commission. | 
      
      
        | 
           
			 | 
               (c)  The executive commissioner shall determine the  | 
      
      
        | 
           
			 | 
        composition of the board, which must: | 
      
      
        | 
           
			 | 
                     (1)  comply with applicable federal law, including 42  | 
      
      
        | 
           
			 | 
        C.F.R. Section 456.716; | 
      
      
        | 
           
			 | 
                     (2)  include two representatives of managed care  | 
      
      
        | 
           
			 | 
        organizations as nonvoting members, one of whom must be a physician  | 
      
      
        | 
           
			 | 
        and one of whom must be a pharmacist; | 
      
      
        | 
           
			 | 
                     (3)  include at least 17 physicians and pharmacists  | 
      
      
        | 
           
			 | 
        who: | 
      
      
        | 
           
			 | 
                           (A)  provide services across the entire  | 
      
      
        | 
           
			 | 
        population of Medicaid recipients and represent different  | 
      
      
        | 
           
			 | 
        specialties, including at least one of each of the following types  | 
      
      
        | 
           
			 | 
        of physicians: | 
      
      
        | 
           
			 | 
                                 (i)  a pediatrician; | 
      
      
        | 
           
			 | 
                                 (ii)  a primary care physician; | 
      
      
        | 
           
			 | 
                                 (iii)  an obstetrician and gynecologist; | 
      
      
        | 
           
			 | 
                                 (iv)  a child and adolescent psychiatrist;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                                 (v)  an adult psychiatrist; and | 
      
      
        | 
           
			 | 
                           (B)  have experience in either developing or  | 
      
      
        | 
           
			 | 
        practicing under a preferred drug list; and | 
      
      
        | 
           
			 | 
                     (4)  include a consumer advocate who represents  | 
      
      
        | 
           
			 | 
        Medicaid recipients. | 
      
      
        | 
           
			 | 
               (c-1)  The executive commissioner by rule shall develop and  | 
      
      
        | 
           
			 | 
        implement a process by which a person may apply to become a member  | 
      
      
        | 
           
			 | 
        of the board and shall post the application and information  | 
      
      
        | 
           
			 | 
        regarding the application process on the commission's Internet  | 
      
      
        | 
           
			 | 
        website. | 
      
      
        | 
           
			 | 
               (d)  Members appointed under Subsection (c)(2) may attend  | 
      
      
        | 
           
			 | 
        quarterly and other regularly scheduled meetings, but may not: | 
      
      
        | 
           
			 | 
                     (1)  attend executive sessions; or | 
      
      
        | 
           
			 | 
                     (2)  access confidential drug pricing information. | 
      
      
        | 
           
			 | 
               (e)  Members of the board serve staggered four-year terms. | 
      
      
        | 
           
			 | 
               (f)  The voting members of the board shall elect from among  | 
      
      
        | 
           
			 | 
        the voting members a presiding officer.  The presiding officer must  | 
      
      
        | 
           
			 | 
        be a physician. | 
      
      
        | 
           
			 | 
               (g)  The board shall hold a public meeting quarterly at the  | 
      
      
        | 
           
			 | 
        call of the presiding officer and shall permit public comment  | 
      
      
        | 
           
			 | 
        before voting on any changes in the preferred drug lists, the  | 
      
      
        | 
           
			 | 
        adoption of or changes to drug use criteria, or the adoption of  | 
      
      
        | 
           
			 | 
        prior authorization or drug utilization review proposals.  The  | 
      
      
        | 
           
			 | 
        location of the quarterly public meeting may rotate among different  | 
      
      
        | 
           
			 | 
        geographic areas across this state, or allow for public input  | 
      
      
        | 
           
			 | 
        through teleconferencing centers in various geographic areas  | 
      
      
        | 
           
			 | 
        across this state.  The board shall hold public meetings at other  | 
      
      
        | 
           
			 | 
        times at the call of the presiding officer.  Minutes of each meeting  | 
      
      
        | 
           
			 | 
        shall be made available to the public not later than the 10th  | 
      
      
        | 
           
			 | 
        business day after the date the minutes are approved.  The board may  | 
      
      
        | 
           
			 | 
        meet in executive session to discuss confidential information as  | 
      
      
        | 
           
			 | 
        described by Subsection (i). | 
      
      
        | 
           
			 | 
               (h)  In developing its recommendations for the preferred  | 
      
      
        | 
           
			 | 
        drug lists, the board shall consider the clinical efficacy, safety,  | 
      
      
        | 
           
			 | 
        and cost-effectiveness of and any program benefit associated with a  | 
      
      
        | 
           
			 | 
        product. | 
      
      
        | 
           
			 | 
               (i)  The executive commissioner shall adopt rules governing  | 
      
      
        | 
           
			 | 
        the operation of the board, including rules governing the  | 
      
      
        | 
           
			 | 
        procedures used by the board for providing notice of a meeting and  | 
      
      
        | 
           
			 | 
        rules prohibiting the board from discussing confidential  | 
      
      
        | 
           
			 | 
        information described by Section 531.071 in a public meeting.  The  | 
      
      
        | 
           
			 | 
        board shall comply with the rules adopted under this subsection and  | 
      
      
        | 
           
			 | 
        Subsection (j). | 
      
      
        | 
           
			 | 
               (j)  In addition to the rules under Subsection (i), the  | 
      
      
        | 
           
			 | 
        executive commissioner by rule shall require the board or the  | 
      
      
        | 
           
			 | 
        board's designee to present a summary of any clinical efficacy and  | 
      
      
        | 
           
			 | 
        safety information or analyses regarding a drug under consideration  | 
      
      
        | 
           
			 | 
        for a preferred drug list that is provided to the board by a private  | 
      
      
        | 
           
			 | 
        entity that has contracted with the commission to provide the  | 
      
      
        | 
           
			 | 
        information.  The board or the board's designee shall provide the  | 
      
      
        | 
           
			 | 
        summary in electronic form before the public meeting at which  | 
      
      
        | 
           
			 | 
        consideration of the drug occurs.  Confidential information  | 
      
      
        | 
           
			 | 
        described by Section 531.071 must be omitted from the summary.  The  | 
      
      
        | 
           
			 | 
        summary must be posted on the commission's Internet website. | 
      
      
        | 
           
			 | 
               (k)  To the extent feasible, the board shall review all drug  | 
      
      
        | 
           
			 | 
        classes included in the preferred drug lists adopted under Section  | 
      
      
        | 
           
			 | 
        531.072 at least once every 12 months and may recommend inclusions  | 
      
      
        | 
           
			 | 
        to and exclusions from the lists to ensure that the lists provide  | 
      
      
        | 
           
			 | 
        for a range of clinically effective, safe, cost-effective, and  | 
      
      
        | 
           
			 | 
        medically appropriate drug therapies for the diverse segments of  | 
      
      
        | 
           
			 | 
        the Medicaid population, children receiving health benefits  | 
      
      
        | 
           
			 | 
        coverage under the child health plan program, and any other  | 
      
      
        | 
           
			 | 
        affected individuals. | 
      
      
        | 
           
			 | 
               (l)  The commission shall provide administrative support and  | 
      
      
        | 
           
			 | 
        resources as necessary for the board to perform its duties. | 
      
      
        | 
           
			 | 
               (m)  Chapter 2110 does not apply to the board. | 
      
      
        | 
           
			 | 
               (n)  The commission or the commission's agent shall publicly  | 
      
      
        | 
           
			 | 
        disclose, immediately after the board's deliberations conclude,  | 
      
      
        | 
           
			 | 
        each specific drug recommended for or against preferred drug list  | 
      
      
        | 
           
			 | 
        status for each drug class included in the preferred drug list for  | 
      
      
        | 
           
			 | 
        the Medicaid vendor drug program.  The disclosure must be posted on  | 
      
      
        | 
           
			 | 
        the commission's Internet website not later than the 10th business  | 
      
      
        | 
           
			 | 
        day after the date of conclusion of board deliberations that result  | 
      
      
        | 
           
			 | 
        in recommendations made to the executive commissioner regarding the  | 
      
      
        | 
           
			 | 
        placement of drugs on the preferred drug list.  The public  | 
      
      
        | 
           
			 | 
        disclosure must include: | 
      
      
        | 
           
			 | 
                     (1)  the general basis for the recommendation for each  | 
      
      
        | 
           
			 | 
        drug class; and | 
      
      
        | 
           
			 | 
                     (2)  for each recommendation, whether a supplemental  | 
      
      
        | 
           
			 | 
        rebate agreement or a program benefit agreement was reached under  | 
      
      
        | 
           
			 | 
        Section 531.070. | 
      
      
        | 
           
			 | 
               (c)  Section 531.0692, Government Code, is redesignated as  | 
      
      
        | 
           
			 | 
        Section 531.0737, Government Code, and amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0737 [531.0692].  [MEDICAID] DRUG UTILIZATION  | 
      
      
        | 
           
			 | 
        REVIEW BOARD:  CONFLICTS OF INTEREST.  (a)  A voting member of the  | 
      
      
        | 
           
			 | 
        [board of the Medicaid] Drug Utilization Review Board [Program] may  | 
      
      
        | 
           
			 | 
        not have a contractual relationship, ownership interest, or other  | 
      
      
        | 
           
			 | 
        conflict of interest with a pharmaceutical manufacturer or labeler  | 
      
      
        | 
           
			 | 
        or with an entity engaged by the commission to assist in the  | 
      
      
        | 
           
			 | 
        development of the preferred drug lists or in the administration of  | 
      
      
        | 
           
			 | 
        the Medicaid Drug Utilization Review Program. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner may implement this section  | 
      
      
        | 
           
			 | 
        by adopting rules that identify prohibited relationships and  | 
      
      
        | 
           
			 | 
        conflicts or requiring the board to develop a conflict-of-interest  | 
      
      
        | 
           
			 | 
        policy that applies to the board. | 
      
      
        | 
           
			 | 
               (d)  Sections 531.072(c) and (e), Government Code, are  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  In making a decision regarding the placement of a drug  | 
      
      
        | 
           
			 | 
        on each of the preferred drug lists, the commission shall consider: | 
      
      
        | 
           
			 | 
                     (1)  the recommendations of the Drug Utilization Review  | 
      
      
        | 
           
			 | 
        Board [Pharmaceutical and Therapeutics Committee established]  | 
      
      
        | 
           
			 | 
        under Section 531.0736 [531.074]; | 
      
      
        | 
           
			 | 
                     (2)  the clinical efficacy of the drug; | 
      
      
        | 
           
			 | 
                     (3)  the price of competing drugs after deducting any  | 
      
      
        | 
           
			 | 
        federal and state rebate amounts; and | 
      
      
        | 
           
			 | 
                     (4)  program benefit offerings solely or in conjunction  | 
      
      
        | 
           
			 | 
        with rebates and other pricing information. | 
      
      
        | 
           
			 | 
               (e)  In this subsection, "labeler" and "manufacturer" have  | 
      
      
        | 
           
			 | 
        the meanings assigned by Section 531.070.  The commission shall  | 
      
      
        | 
           
			 | 
        ensure that: | 
      
      
        | 
           
			 | 
                     (1)  a manufacturer or labeler may submit written  | 
      
      
        | 
           
			 | 
        evidence supporting the inclusion of a drug on the preferred drug  | 
      
      
        | 
           
			 | 
        lists before a supplemental agreement is reached with the  | 
      
      
        | 
           
			 | 
        commission; and | 
      
      
        | 
           
			 | 
                     (2)  any drug that has been approved or has had any of  | 
      
      
        | 
           
			 | 
        its particular uses approved by the United States Food and Drug  | 
      
      
        | 
           
			 | 
        Administration under a priority review classification will be  | 
      
      
        | 
           
			 | 
        reviewed by the Drug Utilization Review Board [Pharmaceutical and 
         | 
      
      
        | 
           
			 | 
        
          Therapeutics Committee] at the next regularly scheduled meeting of  | 
      
      
        | 
           
			 | 
        the board [committee].  On receiving notice from a manufacturer or  | 
      
      
        | 
           
			 | 
        labeler of the availability of a new product, the commission, to the  | 
      
      
        | 
           
			 | 
        extent possible, shall schedule a review for the product at the next  | 
      
      
        | 
           
			 | 
        regularly scheduled meeting of the board [committee]. | 
      
      
        | 
           
			 | 
               (e)  Section 531.073(b), Government Code, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (b)  The commission shall establish procedures for the prior  | 
      
      
        | 
           
			 | 
        authorization requirement under the Medicaid vendor drug program to  | 
      
      
        | 
           
			 | 
        ensure that the requirements of 42 U.S.C. Section 1396r-8(d)(5) and  | 
      
      
        | 
           
			 | 
        its subsequent amendments are met.  Specifically, the procedures  | 
      
      
        | 
           
			 | 
        must ensure that: | 
      
      
        | 
           
			 | 
                     (1)  a prior authorization requirement is not imposed  | 
      
      
        | 
           
			 | 
        for a drug before the drug has been considered at a meeting of the  | 
      
      
        | 
           
			 | 
        Drug Utilization Review Board [Pharmaceutical and Therapeutics 
         | 
      
      
        | 
           
			 | 
        
          Committee established] under Section 531.0736 [531.074]; | 
      
      
        | 
           
			 | 
                     (2)  there will be a response to a request for prior  | 
      
      
        | 
           
			 | 
        authorization by telephone or other telecommunications device  | 
      
      
        | 
           
			 | 
        within 24 hours after receipt of a request for prior authorization;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (3)  a 72-hour supply of the drug prescribed will be  | 
      
      
        | 
           
			 | 
        provided in an emergency or if the commission does not provide a  | 
      
      
        | 
           
			 | 
        response within the time required by Subdivision (2). | 
      
      
        | 
           
			 | 
               (f)  Section 531.0741, Government Code, is amended to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 531.0741.  PUBLICATION OF INFORMATION REGARDING  | 
      
      
        | 
           
			 | 
        COMMISSION DECISIONS ON PREFERRED DRUG LIST PLACEMENT.  The  | 
      
      
        | 
           
			 | 
        commission shall publish on the commission's Internet website any  | 
      
      
        | 
           
			 | 
        decisions on preferred drug list placement, including: | 
      
      
        | 
           
			 | 
                     (1)  a list of drugs reviewed and the commission's  | 
      
      
        | 
           
			 | 
        decision for or against placement on a preferred drug list of each  | 
      
      
        | 
           
			 | 
        drug reviewed; | 
      
      
        | 
           
			 | 
                     (2)  for each recommendation, whether a supplemental  | 
      
      
        | 
           
			 | 
        rebate agreement or a program benefit agreement was reached under  | 
      
      
        | 
           
			 | 
        Section 531.070; and | 
      
      
        | 
           
			 | 
                     (3)  the rationale for any departure from a  | 
      
      
        | 
           
			 | 
        recommendation of the Drug Utilization Review Board  | 
      
      
        | 
           
			 | 
        [pharmaceutical and therapeutics committee established] under  | 
      
      
        | 
           
			 | 
        Section 531.0736 [531.074]. | 
      
      
        | 
           
			 | 
               (g)  Section 531.074, Government Code, as amended by S.B.  | 
      
      
        | 
           
			 | 
        219, Acts of the 84th Legislature, Regular Session, 2015, is  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
               (h)  The term of a member serving on the Medicaid Drug  | 
      
      
        | 
           
			 | 
        Utilization Review Board on January 1, 2016, expires on February  | 
      
      
        | 
           
			 | 
        29, 2016.  Not later than March 1, 2016, the executive commissioner  | 
      
      
        | 
           
			 | 
        of the Health and Human Services Commission shall appoint the  | 
      
      
        | 
           
			 | 
        initial members to the Drug Utilization Review Board in accordance  | 
      
      
        | 
           
			 | 
        with Section 531.0736, Government Code, as added by this article,  | 
      
      
        | 
           
			 | 
        for terms beginning March 1, 2016.  In making the initial  | 
      
      
        | 
           
			 | 
        appointments and notwithstanding Section 531.0736(e), Government  | 
      
      
        | 
           
			 | 
        Code, as added by this article, the executive commissioner shall  | 
      
      
        | 
           
			 | 
        designate as close to one-half as possible of the members to serve  | 
      
      
        | 
           
			 | 
        for terms expiring March 1, 2018, and the remaining members to serve  | 
      
      
        | 
           
			 | 
        for terms expiring March 1, 2020. | 
      
      
        | 
           
			 | 
               (i)  Not later than February 1, 2016, and before making  | 
      
      
        | 
           
			 | 
        initial appointments to the Drug Utilization Review Board as  | 
      
      
        | 
           
			 | 
        provided by Subsection (h) of this section, the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission shall  | 
      
      
        | 
           
			 | 
        adopt and implement the application process required under Section  | 
      
      
        | 
           
			 | 
        531.0736(c-1), Government Code, as added by this article. | 
      
      
        | 
           
			 | 
               (j)  Not later than May 1, 2016, and except as provided by  | 
      
      
        | 
           
			 | 
        Subsection (i) of this section, the executive commissioner of the  | 
      
      
        | 
           
			 | 
        Health and Human Services Commission shall adopt or amend rules as  | 
      
      
        | 
           
			 | 
        necessary to reflect the changes in law made to the Drug Utilization  | 
      
      
        | 
           
			 | 
        Review Board under Section 531.0736, Government Code, as added by  | 
      
      
        | 
           
			 | 
        this article, including rules that reflect the changes to the  | 
      
      
        | 
           
			 | 
        board's functions and composition. | 
      
      
        | 
           
			 | 
               SECTION 3.09.  The heading to Subchapter D, Chapter 531,  | 
      
      
        | 
           
			 | 
        Government Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER D.  PLAN TO SUPPORT GUARDIANSHIPS [GUARDIANSHIP ADVISORY 
         | 
      
      
        | 
           
			 | 
        
          BOARD] | 
      
      
        | 
           
			 | 
               SECTION 3.10.  Section 531.124, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.124.  COMMISSION DUTIES.  The [(a)
           
           
          With the advice 
         | 
      
      
        | 
           
			 | 
        
          of the advisory board, the] commission shall develop and, subject  | 
      
      
        | 
           
			 | 
        to appropriations, implement a plan to: | 
      
      
        | 
           
			 | 
                     (1)  ensure that each incapacitated individual in this  | 
      
      
        | 
           
			 | 
        state who needs a guardianship or another less restrictive type of  | 
      
      
        | 
           
			 | 
        assistance to make decisions concerning the incapacitated  | 
      
      
        | 
           
			 | 
        individual's own welfare and financial affairs receives that  | 
      
      
        | 
           
			 | 
        assistance; and | 
      
      
        | 
           
			 | 
                     (2)  foster the establishment and growth of local  | 
      
      
        | 
           
			 | 
        volunteer guardianship programs. | 
      
      
        | 
           
			 | 
               [(b)
           
           
          The advisory board shall biennially review and comment 
         | 
      
      
        | 
           
			 | 
        
          on the minimum standards adopted under Section 111.041 and the plan 
         | 
      
      
        | 
           
			 | 
        
          implemented under Subsection (a) and shall include its conclusions 
         | 
      
      
        | 
           
			 | 
        
          in the report submitted under Section 531.1235.] | 
      
      
        | 
           
			 | 
               SECTION 3.11.  Section 531.907(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Based on [the recommendations of the advisory committee 
         | 
      
      
        | 
           
			 | 
        
          established under Section 531.904 and] feedback provided by  | 
      
      
        | 
           
			 | 
        interested parties, the commission in stage two of implementing the  | 
      
      
        | 
           
			 | 
        health information exchange system may expand the system by: | 
      
      
        | 
           
			 | 
                     (1)  providing an electronic health record for each  | 
      
      
        | 
           
			 | 
        child enrolled in the child health plan program; | 
      
      
        | 
           
			 | 
                     (2)  including state laboratory results information in  | 
      
      
        | 
           
			 | 
        an electronic health record, including the results of newborn  | 
      
      
        | 
           
			 | 
        screenings and tests conducted under the Texas Health Steps  | 
      
      
        | 
           
			 | 
        program, based on the system developed for the health passport  | 
      
      
        | 
           
			 | 
        under Section 266.006, Family Code; | 
      
      
        | 
           
			 | 
                     (3)  improving data-gathering capabilities for an  | 
      
      
        | 
           
			 | 
        electronic health record so that the record may include basic  | 
      
      
        | 
           
			 | 
        health and clinical information in addition to available claims  | 
      
      
        | 
           
			 | 
        information, as determined by the executive commissioner; | 
      
      
        | 
           
			 | 
                     (4)  using evidence-based technology tools to create a  | 
      
      
        | 
           
			 | 
        unique health profile to alert health care providers regarding the  | 
      
      
        | 
           
			 | 
        need for additional care, education, counseling, or health  | 
      
      
        | 
           
			 | 
        management activities for specific patients; and | 
      
      
        | 
           
			 | 
                     (5)  continuing to enhance the electronic health record  | 
      
      
        | 
           
			 | 
        created for each Medicaid recipient as technology becomes available  | 
      
      
        | 
           
			 | 
        and interoperability capabilities improve. | 
      
      
        | 
           
			 | 
               SECTION 3.12.  Section 531.909, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.909.  INCENTIVES.  The commission [and the advisory 
         | 
      
      
        | 
           
			 | 
        
          committee established under Section 531.904] shall develop  | 
      
      
        | 
           
			 | 
        strategies to encourage health care providers to use the health  | 
      
      
        | 
           
			 | 
        information exchange system, including incentives, education, and  | 
      
      
        | 
           
			 | 
        outreach tools to increase usage. | 
      
      
        | 
           
			 | 
               SECTION 3.13.  Section 533.00251(c), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  Subject to Section 533.0025 and notwithstanding any  | 
      
      
        | 
           
			 | 
        other law, the commission[, in consultation with the advisory 
         | 
      
      
        | 
           
			 | 
        
          committee,] shall provide benefits under Medicaid to recipients who  | 
      
      
        | 
           
			 | 
        reside in nursing facilities through the STAR + PLUS Medicaid  | 
      
      
        | 
           
			 | 
        managed care program.  In implementing this subsection, the  | 
      
      
        | 
           
			 | 
        commission shall ensure: | 
      
      
        | 
           
			 | 
                     (1)  that the commission is responsible for setting the  | 
      
      
        | 
           
			 | 
        minimum reimbursement rate paid to a nursing facility under the  | 
      
      
        | 
           
			 | 
        managed care program, including the staff rate enhancement paid to  | 
      
      
        | 
           
			 | 
        a nursing facility that qualifies for the enhancement; | 
      
      
        | 
           
			 | 
                     (2)  that a nursing facility is paid not later than the  | 
      
      
        | 
           
			 | 
        10th day after the date the facility submits a clean claim; | 
      
      
        | 
           
			 | 
                     (3)  the appropriate utilization of services  | 
      
      
        | 
           
			 | 
        consistent with criteria established by the commission; | 
      
      
        | 
           
			 | 
                     (4)  a reduction in the incidence of potentially  | 
      
      
        | 
           
			 | 
        preventable events and unnecessary institutionalizations; | 
      
      
        | 
           
			 | 
                     (5)  that a managed care organization providing  | 
      
      
        | 
           
			 | 
        services under the managed care program provides discharge  | 
      
      
        | 
           
			 | 
        planning, transitional care, and other education programs to  | 
      
      
        | 
           
			 | 
        physicians and hospitals regarding all available long-term care  | 
      
      
        | 
           
			 | 
        settings; | 
      
      
        | 
           
			 | 
                     (6)  that a managed care organization providing  | 
      
      
        | 
           
			 | 
        services under the managed care program: | 
      
      
        | 
           
			 | 
                           (A)  assists in collecting applied income from  | 
      
      
        | 
           
			 | 
        recipients; and | 
      
      
        | 
           
			 | 
                           (B)  provides payment incentives to nursing  | 
      
      
        | 
           
			 | 
        facility providers that reward reductions in preventable acute care  | 
      
      
        | 
           
			 | 
        costs and encourage transformative efforts in the delivery of  | 
      
      
        | 
           
			 | 
        nursing facility services, including efforts to promote a  | 
      
      
        | 
           
			 | 
        resident-centered care culture through facility design and  | 
      
      
        | 
           
			 | 
        services provided; | 
      
      
        | 
           
			 | 
                     (7)  the establishment of a portal that is in  | 
      
      
        | 
           
			 | 
        compliance with state and federal regulations, including standard  | 
      
      
        | 
           
			 | 
        coding requirements, through which nursing facility providers  | 
      
      
        | 
           
			 | 
        participating in the STAR + PLUS Medicaid managed care program may  | 
      
      
        | 
           
			 | 
        submit claims to any participating managed care organization; | 
      
      
        | 
           
			 | 
                     (8)  that rules and procedures relating to the  | 
      
      
        | 
           
			 | 
        certification and decertification of nursing facility beds under  | 
      
      
        | 
           
			 | 
        Medicaid are not affected; and | 
      
      
        | 
           
			 | 
                     (9)  that a managed care organization providing  | 
      
      
        | 
           
			 | 
        services under the managed care program, to the greatest extent  | 
      
      
        | 
           
			 | 
        possible, offers nursing facility providers access to: | 
      
      
        | 
           
			 | 
                           (A)  acute care professionals; and | 
      
      
        | 
           
			 | 
                           (B)  telemedicine, when feasible and in  | 
      
      
        | 
           
			 | 
        accordance with state law, including rules adopted by the Texas  | 
      
      
        | 
           
			 | 
        Medical Board. | 
      
      
        | 
           
			 | 
               SECTION 3.14.  Section 533.00253, Government Code, is  | 
      
      
        | 
           
			 | 
        amended by amending Subsection (b), as amended by S.B. 219, Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, and Subsection (f) to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  Subject to Section 533.0025, the commission shall, in  | 
      
      
        | 
           
			 | 
        consultation with the [advisory committee and the] Children's  | 
      
      
        | 
           
			 | 
        Policy Council established under Section 22.035, Human Resources  | 
      
      
        | 
           
			 | 
        Code, establish a mandatory STAR Kids capitated managed care  | 
      
      
        | 
           
			 | 
        program tailored to provide Medicaid benefits to children with  | 
      
      
        | 
           
			 | 
        disabilities.  The managed care program developed under this  | 
      
      
        | 
           
			 | 
        section must: | 
      
      
        | 
           
			 | 
                     (1)  provide Medicaid benefits that are customized to  | 
      
      
        | 
           
			 | 
        meet the health care needs of recipients under the program through a  | 
      
      
        | 
           
			 | 
        defined system of care; | 
      
      
        | 
           
			 | 
                     (2)  better coordinate care of recipients under the  | 
      
      
        | 
           
			 | 
        program; | 
      
      
        | 
           
			 | 
                     (3)  improve the health outcomes of recipients; | 
      
      
        | 
           
			 | 
                     (4)  improve recipients' access to health care  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (5)  achieve cost containment and cost efficiency; | 
      
      
        | 
           
			 | 
                     (6)  reduce the administrative complexity of  | 
      
      
        | 
           
			 | 
        delivering Medicaid benefits; | 
      
      
        | 
           
			 | 
                     (7)  reduce the incidence of unnecessary  | 
      
      
        | 
           
			 | 
        institutionalizations and potentially preventable events by  | 
      
      
        | 
           
			 | 
        ensuring the availability of appropriate services and care  | 
      
      
        | 
           
			 | 
        management; | 
      
      
        | 
           
			 | 
                     (8)  require a health home; and | 
      
      
        | 
           
			 | 
                     (9)  coordinate and collaborate with long-term care  | 
      
      
        | 
           
			 | 
        service providers and long-term care management providers, if  | 
      
      
        | 
           
			 | 
        recipients are receiving long-term services and supports outside of  | 
      
      
        | 
           
			 | 
        the managed care organization. | 
      
      
        | 
           
			 | 
               (f)  The commission shall seek ongoing input from the  | 
      
      
        | 
           
			 | 
        Children's Policy Council regarding the establishment and  | 
      
      
        | 
           
			 | 
        implementation of the STAR Kids managed care program.  This  | 
      
      
        | 
           
			 | 
        subsection expires on the date the Children's Policy Council is  | 
      
      
        | 
           
			 | 
        abolished under Section 22.035(n), Human Resources Code. | 
      
      
        | 
           
			 | 
               SECTION 3.15.  Section 533.00254(f), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (f)  On the first anniversary of the date the commission  | 
      
      
        | 
           
			 | 
        completes implementation of the STAR Kids Medicaid managed care  | 
      
      
        | 
           
			 | 
        program under Section 533.00253 [September 1, 2016]: | 
      
      
        | 
           
			 | 
                     (1)  the advisory committee is abolished; and | 
      
      
        | 
           
			 | 
                     (2)  this section expires. | 
      
      
        | 
           
			 | 
               SECTION 3.16.  Section 533.00256(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In consultation with [the Medicaid and CHIP 
         | 
      
      
        | 
           
			 | 
        
          Quality-Based Payment Advisory Committee established under Section 
         | 
      
      
        | 
           
			 | 
        
          536.002 and other] appropriate stakeholders with an interest in the  | 
      
      
        | 
           
			 | 
        provision of acute care services and long-term services and  | 
      
      
        | 
           
			 | 
        supports under the Medicaid managed care program, the commission  | 
      
      
        | 
           
			 | 
        shall: | 
      
      
        | 
           
			 | 
                     (1)  establish a clinical improvement program to  | 
      
      
        | 
           
			 | 
        identify goals designed to improve quality of care and care  | 
      
      
        | 
           
			 | 
        management and to reduce potentially preventable events, as defined  | 
      
      
        | 
           
			 | 
        by Section 536.001; and | 
      
      
        | 
           
			 | 
                     (2)  require managed care organizations to develop and  | 
      
      
        | 
           
			 | 
        implement collaborative program improvement strategies to address  | 
      
      
        | 
           
			 | 
        the goals. | 
      
      
        | 
           
			 | 
               SECTION 3.17.  Section 534.053(g), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (g)  On the one-year anniversary of the date the commission  | 
      
      
        | 
           
			 | 
        completes implementation of the transition required under Section  | 
      
      
        | 
           
			 | 
        534.202 [January 1, 2024]: | 
      
      
        | 
           
			 | 
                     (1)  the advisory committee is abolished; and | 
      
      
        | 
           
			 | 
                     (2)  this section expires. | 
      
      
        | 
           
			 | 
               SECTION 3.18.  Section 535.053, Government Code, is amended  | 
      
      
        | 
           
			 | 
        by amending Subsection (a) and adding Subsection (a-1) to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The interagency coordinating group for faith- and  | 
      
      
        | 
           
			 | 
        community-based initiatives is composed of each faith- and  | 
      
      
        | 
           
			 | 
        community-based liaison designated under Section 535.051 and a  | 
      
      
        | 
           
			 | 
        liaison from the State Commission on National and Community  | 
      
      
        | 
           
			 | 
        Service.  [The commission shall provide administrative support to 
         | 
      
      
        | 
           
			 | 
        
          the interagency coordinating group.] | 
      
      
        | 
           
			 | 
               (a-1)  Service on the interagency coordinating group is an  | 
      
      
        | 
           
			 | 
        additional duty of the office or position held by each person  | 
      
      
        | 
           
			 | 
        designated as a liaison under Section 535.051(b).  The state  | 
      
      
        | 
           
			 | 
        agencies described by Section 535.051(b) shall provide  | 
      
      
        | 
           
			 | 
        administrative support for the interagency coordinating group as  | 
      
      
        | 
           
			 | 
        coordinated by the presiding officer. | 
      
      
        | 
           
			 | 
               SECTION 3.19.  Sections 535.055(a) and (b), Government Code,  | 
      
      
        | 
           
			 | 
        are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The Texas Nonprofit Council is established to help  | 
      
      
        | 
           
			 | 
        direct the interagency coordinating group in carrying out the  | 
      
      
        | 
           
			 | 
        group's duties under this section.  The state agencies of the  | 
      
      
        | 
           
			 | 
        interagency coordinating group described by Section 535.051(b)  | 
      
      
        | 
           
			 | 
        [commission] shall provide administrative support to the council as  | 
      
      
        | 
           
			 | 
        coordinated by the presiding officer of the interagency  | 
      
      
        | 
           
			 | 
        coordinating group. | 
      
      
        | 
           
			 | 
               (b)  The governor [executive commissioner], in consultation  | 
      
      
        | 
           
			 | 
        with the presiding officer of the interagency coordinating group,  | 
      
      
        | 
           
			 | 
        shall appoint as members of the council two representatives from  | 
      
      
        | 
           
			 | 
        each of the following groups and  entities to represent each group's  | 
      
      
        | 
           
			 | 
        and entity's appropriate sector: | 
      
      
        | 
           
			 | 
                     (1)  statewide nonprofit organizations; | 
      
      
        | 
           
			 | 
                     (2)  local governments; | 
      
      
        | 
           
			 | 
                     (3)  faith-based groups, at least one of which must be a  | 
      
      
        | 
           
			 | 
        statewide interfaith group; | 
      
      
        | 
           
			 | 
                     (4)  community-based groups; | 
      
      
        | 
           
			 | 
                     (5)  consultants to nonprofit corporations; and | 
      
      
        | 
           
			 | 
                     (6)  statewide associations of nonprofit  | 
      
      
        | 
           
			 | 
        organizations. | 
      
      
        | 
           
			 | 
               SECTION 3.20.  Section 535.104(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commission shall: | 
      
      
        | 
           
			 | 
                     (1)  contract with the State Commission on National and  | 
      
      
        | 
           
			 | 
        Community Service to administer funds appropriated from the account  | 
      
      
        | 
           
			 | 
        in a manner that: | 
      
      
        | 
           
			 | 
                           (A)  consolidates the capacity of and strengthens  | 
      
      
        | 
           
			 | 
        national service and community and faith- and community-based  | 
      
      
        | 
           
			 | 
        initiatives; and | 
      
      
        | 
           
			 | 
                           (B)  leverages public and private funds to benefit  | 
      
      
        | 
           
			 | 
        this state; | 
      
      
        | 
           
			 | 
                     (2)  develop a competitive process to be used in  | 
      
      
        | 
           
			 | 
        awarding grants from account funds that is consistent with state  | 
      
      
        | 
           
			 | 
        law and includes objective selection criteria; | 
      
      
        | 
           
			 | 
                     (3)  oversee the delivery of training and other  | 
      
      
        | 
           
			 | 
        assistance activities under this subchapter; | 
      
      
        | 
           
			 | 
                     (4)  develop criteria limiting awards of grants under  | 
      
      
        | 
           
			 | 
        Section 535.105(1)(A) to small and medium-sized faith- and  | 
      
      
        | 
           
			 | 
        community-based organizations that provide charitable services to  | 
      
      
        | 
           
			 | 
        persons in this state; | 
      
      
        | 
           
			 | 
                     (5)  establish general state priorities for the  | 
      
      
        | 
           
			 | 
        account; | 
      
      
        | 
           
			 | 
                     (6)  establish and monitor performance and outcome  | 
      
      
        | 
           
			 | 
        measures for persons to whom grants are awarded under this  | 
      
      
        | 
           
			 | 
        subchapter; and | 
      
      
        | 
           
			 | 
                     (7)  establish policies and procedures to ensure that  | 
      
      
        | 
           
			 | 
        any money appropriated from the account to the commission that is  | 
      
      
        | 
           
			 | 
        allocated to build the capacity of a faith-based organization or  | 
      
      
        | 
           
			 | 
        for a faith-based initiative[, including money allocated for the 
         | 
      
      
        | 
           
			 | 
        
          establishment of the advisory committee under Section 535.108,] is  | 
      
      
        | 
           
			 | 
        not used to advance a sectarian purpose or to engage in any form of  | 
      
      
        | 
           
			 | 
        proselytization. | 
      
      
        | 
           
			 | 
               SECTION 3.21.  Section 536.001(20), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
                     (20)  "Potentially preventable readmission" means a  | 
      
      
        | 
           
			 | 
        return hospitalization of a person within a period specified by the  | 
      
      
        | 
           
			 | 
        commission that may have resulted from deficiencies in the care or  | 
      
      
        | 
           
			 | 
        treatment provided to the person during a previous hospital stay or  | 
      
      
        | 
           
			 | 
        from deficiencies in post-hospital discharge follow-up.  The term  | 
      
      
        | 
           
			 | 
        does not include a hospital readmission necessitated by the  | 
      
      
        | 
           
			 | 
        occurrence of unrelated events after the discharge.  The term  | 
      
      
        | 
           
			 | 
        includes the readmission of a person to a hospital for: | 
      
      
        | 
           
			 | 
                           (A)  the same condition or procedure for which the  | 
      
      
        | 
           
			 | 
        person was previously admitted; | 
      
      
        | 
           
			 | 
                           (B)  an infection or other complication resulting  | 
      
      
        | 
           
			 | 
        from care previously provided; | 
      
      
        | 
           
			 | 
                           (C)  a condition or procedure that indicates that  | 
      
      
        | 
           
			 | 
        a surgical intervention performed during a previous admission was  | 
      
      
        | 
           
			 | 
        unsuccessful in achieving the anticipated outcome; or | 
      
      
        | 
           
			 | 
                           (D)  another condition or procedure of a similar  | 
      
      
        | 
           
			 | 
        nature, as determined by the executive commissioner [after 
         | 
      
      
        | 
           
			 | 
        
          consulting with the advisory committee]. | 
      
      
        | 
           
			 | 
               SECTION 3.22.  Section 536.003(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commission[, in consultation with the advisory 
         | 
      
      
        | 
           
			 | 
        
          committee,] shall develop quality-based outcome and process  | 
      
      
        | 
           
			 | 
        measures that promote the provision of efficient, quality health  | 
      
      
        | 
           
			 | 
        care and that can be used in the child health plan program and  | 
      
      
        | 
           
			 | 
        Medicaid to implement quality-based payments for acute care  | 
      
      
        | 
           
			 | 
        services and long-term services and supports across all delivery  | 
      
      
        | 
           
			 | 
        models and payment systems, including fee-for-service and managed  | 
      
      
        | 
           
			 | 
        care payment systems.  Subject to Subsection (a-1), the commission,  | 
      
      
        | 
           
			 | 
        in developing outcome and process measures under this section, must  | 
      
      
        | 
           
			 | 
        include measures that are based on potentially preventable events  | 
      
      
        | 
           
			 | 
        and that advance quality improvement and innovation.  The  | 
      
      
        | 
           
			 | 
        commission may change measures developed: | 
      
      
        | 
           
			 | 
                     (1)  to promote continuous system reform, improved  | 
      
      
        | 
           
			 | 
        quality, and reduced costs; and | 
      
      
        | 
           
			 | 
                     (2)  to account for managed care organizations added to  | 
      
      
        | 
           
			 | 
        a service area. | 
      
      
        | 
           
			 | 
               SECTION 3.23.  Section 536.004(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Using quality-based outcome and process measures  | 
      
      
        | 
           
			 | 
        developed under Section 536.003 and subject to this section, the  | 
      
      
        | 
           
			 | 
        commission, after consulting with [the advisory committee and 
         | 
      
      
        | 
           
			 | 
        
          other] appropriate stakeholders with an interest in the provision  | 
      
      
        | 
           
			 | 
        of acute care and long-term services and supports under the child  | 
      
      
        | 
           
			 | 
        health plan program and Medicaid, shall develop quality-based  | 
      
      
        | 
           
			 | 
        payment systems, and require managed care organizations to develop  | 
      
      
        | 
           
			 | 
        quality-based payment systems, for compensating a physician or  | 
      
      
        | 
           
			 | 
        other health care provider participating in the child health plan  | 
      
      
        | 
           
			 | 
        program or Medicaid that: | 
      
      
        | 
           
			 | 
                     (1)  align payment incentives with high-quality,  | 
      
      
        | 
           
			 | 
        cost-effective health care; | 
      
      
        | 
           
			 | 
                     (2)  reward the use of evidence-based best practices; | 
      
      
        | 
           
			 | 
                     (3)  promote the coordination of health care; | 
      
      
        | 
           
			 | 
                     (4)  encourage appropriate physician and other health  | 
      
      
        | 
           
			 | 
        care provider collaboration; | 
      
      
        | 
           
			 | 
                     (5)  promote effective health care delivery models; and | 
      
      
        | 
           
			 | 
                     (6)  take into account the specific needs of the child  | 
      
      
        | 
           
			 | 
        health plan program enrollee and Medicaid recipient populations. | 
      
      
        | 
           
			 | 
               SECTION 3.24.  Section 536.006(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commission [and the advisory committee] shall: | 
      
      
        | 
           
			 | 
                     (1)  ensure transparency in the development and  | 
      
      
        | 
           
			 | 
        establishment of: | 
      
      
        | 
           
			 | 
                           (A)  quality-based payment and reimbursement  | 
      
      
        | 
           
			 | 
        systems under Section 536.004 and Subchapters B, C, and D,  | 
      
      
        | 
           
			 | 
        including the development of outcome and process measures under  | 
      
      
        | 
           
			 | 
        Section 536.003; and | 
      
      
        | 
           
			 | 
                           (B)  quality-based payment initiatives under  | 
      
      
        | 
           
			 | 
        Subchapter E, including the development of quality of care and  | 
      
      
        | 
           
			 | 
        cost-efficiency benchmarks under Section 536.204(a) and efficiency  | 
      
      
        | 
           
			 | 
        performance standards under Section 536.204(b); | 
      
      
        | 
           
			 | 
                     (2)  develop guidelines establishing procedures for  | 
      
      
        | 
           
			 | 
        providing notice and information to, and receiving input from,  | 
      
      
        | 
           
			 | 
        managed care organizations, health care providers, including  | 
      
      
        | 
           
			 | 
        physicians and experts in the various medical specialty fields, and  | 
      
      
        | 
           
			 | 
        other stakeholders, as appropriate, for purposes of developing and  | 
      
      
        | 
           
			 | 
        establishing the quality-based payment and reimbursement systems  | 
      
      
        | 
           
			 | 
        and initiatives described under Subdivision (1); | 
      
      
        | 
           
			 | 
                     (3)  in developing and establishing the quality-based  | 
      
      
        | 
           
			 | 
        payment and reimbursement systems and initiatives described under  | 
      
      
        | 
           
			 | 
        Subdivision (1), consider that as the performance of a managed care  | 
      
      
        | 
           
			 | 
        organization or physician or other health care provider improves  | 
      
      
        | 
           
			 | 
        with respect to an outcome or process measure, quality of care and  | 
      
      
        | 
           
			 | 
        cost-efficiency benchmark, or efficiency performance standard, as  | 
      
      
        | 
           
			 | 
        applicable, there will be a diminishing rate of improved  | 
      
      
        | 
           
			 | 
        performance over time; and | 
      
      
        | 
           
			 | 
                     (4)  develop web-based capability to provide managed  | 
      
      
        | 
           
			 | 
        care organizations and health care providers with data on their  | 
      
      
        | 
           
			 | 
        clinical and utilization performance, including comparisons to  | 
      
      
        | 
           
			 | 
        peer organizations and providers located in this state and in the  | 
      
      
        | 
           
			 | 
        provider's respective region. | 
      
      
        | 
           
			 | 
               SECTION 3.25.  Section 536.052(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The commission[, after consulting with the advisory 
         | 
      
      
        | 
           
			 | 
        
          committee,] shall develop quality of care and cost-efficiency  | 
      
      
        | 
           
			 | 
        benchmarks, including benchmarks based on a managed care  | 
      
      
        | 
           
			 | 
        organization's performance with respect to reducing potentially  | 
      
      
        | 
           
			 | 
        preventable events and containing the growth rate of health care  | 
      
      
        | 
           
			 | 
        costs. | 
      
      
        | 
           
			 | 
               SECTION 3.26.  Section 536.102(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Subject to this subchapter, the commission[, after 
         | 
      
      
        | 
           
			 | 
        
          consulting with the advisory committee,] may develop and implement  | 
      
      
        | 
           
			 | 
        quality-based payment systems for health homes designed to improve  | 
      
      
        | 
           
			 | 
        quality of care and reduce the provision of unnecessary medical  | 
      
      
        | 
           
			 | 
        services.  A quality-based payment system developed under this  | 
      
      
        | 
           
			 | 
        section must: | 
      
      
        | 
           
			 | 
                     (1)  base payments made to a participating enrollee's  | 
      
      
        | 
           
			 | 
        health home on quality and efficiency measures that may include  | 
      
      
        | 
           
			 | 
        measurable wellness and prevention criteria and use of  | 
      
      
        | 
           
			 | 
        evidence-based best practices, sharing a portion of any realized  | 
      
      
        | 
           
			 | 
        cost savings achieved by the health home, and ensuring quality of  | 
      
      
        | 
           
			 | 
        care outcomes, including a reduction in potentially preventable  | 
      
      
        | 
           
			 | 
        events; and | 
      
      
        | 
           
			 | 
                     (2)  allow for the examination of measurable wellness  | 
      
      
        | 
           
			 | 
        and prevention criteria, use of evidence-based best practices, and  | 
      
      
        | 
           
			 | 
        quality of care outcomes based on the type of primary or specialty  | 
      
      
        | 
           
			 | 
        care provider practice. | 
      
      
        | 
           
			 | 
               SECTION 3.27.  Section 536.152(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Subject to Subsection (b), using the data collected  | 
      
      
        | 
           
			 | 
        under Section 536.151 and the diagnosis-related groups (DRG)  | 
      
      
        | 
           
			 | 
        methodology implemented under Section 536.005, if applicable, the  | 
      
      
        | 
           
			 | 
        commission[, after consulting with the advisory committee,] shall  | 
      
      
        | 
           
			 | 
        to the extent feasible adjust child health plan and Medicaid  | 
      
      
        | 
           
			 | 
        reimbursements to hospitals, including payments made under the  | 
      
      
        | 
           
			 | 
        disproportionate share hospitals and upper payment limit  | 
      
      
        | 
           
			 | 
        supplemental payment programs, based on the hospital's performance  | 
      
      
        | 
           
			 | 
        with respect to exceeding, or failing to achieve, outcome and  | 
      
      
        | 
           
			 | 
        process measures developed under Section 536.003 that address the  | 
      
      
        | 
           
			 | 
        rates of potentially preventable readmissions and potentially  | 
      
      
        | 
           
			 | 
        preventable complications. | 
      
      
        | 
           
			 | 
               SECTION 3.28.  Section 536.202(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commission shall[, after consulting with the 
         | 
      
      
        | 
           
			 | 
        
          advisory committee,] establish payment initiatives to test the  | 
      
      
        | 
           
			 | 
        effectiveness of quality-based payment systems, alternative  | 
      
      
        | 
           
			 | 
        payment methodologies, and high-quality, cost-effective health  | 
      
      
        | 
           
			 | 
        care delivery models that provide incentives to physicians and  | 
      
      
        | 
           
			 | 
        other health care providers to develop health care interventions  | 
      
      
        | 
           
			 | 
        for child health plan program enrollees or Medicaid recipients, or  | 
      
      
        | 
           
			 | 
        both, that will: | 
      
      
        | 
           
			 | 
                     (1)  improve the quality of health care provided to the  | 
      
      
        | 
           
			 | 
        enrollees or recipients; | 
      
      
        | 
           
			 | 
                     (2)  reduce potentially preventable events; | 
      
      
        | 
           
			 | 
                     (3)  promote prevention and wellness; | 
      
      
        | 
           
			 | 
                     (4)  increase the use of evidence-based best practices; | 
      
      
        | 
           
			 | 
                     (5)  increase appropriate physician and other health  | 
      
      
        | 
           
			 | 
        care provider collaboration; | 
      
      
        | 
           
			 | 
                     (6)  contain costs; and | 
      
      
        | 
           
			 | 
                     (7)  improve integration of acute care services and  | 
      
      
        | 
           
			 | 
        long-term services and supports, including discharge planning from  | 
      
      
        | 
           
			 | 
        acute care services to community-based long-term services and  | 
      
      
        | 
           
			 | 
        supports. | 
      
      
        | 
           
			 | 
               SECTION 3.29.  Section 536.204(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The executive commissioner shall[:
         | 
      
      
        | 
           
			 | 
                     [(1)  consult with the advisory committee to] develop  | 
      
      
        | 
           
			 | 
        quality of care and cost-efficiency benchmarks and measurable goals  | 
      
      
        | 
           
			 | 
        that a payment initiative must meet to ensure high-quality and  | 
      
      
        | 
           
			 | 
        cost-effective health care services and healthy outcomes[; and
         | 
      
      
        | 
           
			 | 
                     [(2)
           
           
          approve benchmarks and goals developed as 
         | 
      
      
        | 
           
			 | 
        
          provided by Subdivision (1)]. | 
      
      
        | 
           
			 | 
               SECTION 3.30.  Section 536.251(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Subject to this subchapter, the commission, after  | 
      
      
        | 
           
			 | 
        consulting with [the advisory committee and other] appropriate  | 
      
      
        | 
           
			 | 
        stakeholders representing nursing facility providers with an  | 
      
      
        | 
           
			 | 
        interest in the provision of long-term services and supports, may  | 
      
      
        | 
           
			 | 
        develop and implement quality-based payment systems for Medicaid  | 
      
      
        | 
           
			 | 
        long-term services and supports providers designed to improve  | 
      
      
        | 
           
			 | 
        quality of care and reduce the provision of unnecessary services.  A  | 
      
      
        | 
           
			 | 
        quality-based payment system developed under this section must base  | 
      
      
        | 
           
			 | 
        payments to providers on quality and efficiency measures that may  | 
      
      
        | 
           
			 | 
        include measurable wellness and prevention criteria and use of  | 
      
      
        | 
           
			 | 
        evidence-based best practices, sharing a portion of any realized  | 
      
      
        | 
           
			 | 
        cost savings achieved by the provider, and ensuring quality of care  | 
      
      
        | 
           
			 | 
        outcomes, including a reduction in potentially preventable events. | 
      
      
        | 
           
			 | 
               SECTION 3.31.  Section 538.052(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Subject to Subsection (b), the commission shall solicit  | 
      
      
        | 
           
			 | 
        and accept suggestions for clinical initiatives, in either written  | 
      
      
        | 
           
			 | 
        or electronic form, from: | 
      
      
        | 
           
			 | 
                     (1)  a member of the state legislature; | 
      
      
        | 
           
			 | 
                     (2)  the executive commissioner; | 
      
      
        | 
           
			 | 
                     (3)  the commissioner of aging and disability services; | 
      
      
        | 
           
			 | 
                     (4)  the commissioner of state health services; | 
      
      
        | 
           
			 | 
                     (5)  the commissioner of the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services; | 
      
      
        | 
           
			 | 
                     (6)  the commissioner of assistive and rehabilitative  | 
      
      
        | 
           
			 | 
        services; | 
      
      
        | 
           
			 | 
                     (7)  the medical care advisory committee established  | 
      
      
        | 
           
			 | 
        under Section 32.022, Human Resources Code; and | 
      
      
        | 
           
			 | 
                     (8)  the physician payment advisory committee created  | 
      
      
        | 
           
			 | 
        under Section 32.022(d), Human Resources Code[; and
         | 
      
      
        | 
           
			 | 
                     [(9)
           
           
          the Electronic Health Information Exchange 
         | 
      
      
        | 
           
			 | 
        
          System Advisory Committee established under Section 531.904]. | 
      
      
        | 
           
			 | 
               SECTION 3.32.  Section 98.1046(a), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The [In consultation with the Texas Institute of Health 
         | 
      
      
        | 
           
			 | 
        
          Care Quality and Efficiency under Chapter 1002, the] department,  | 
      
      
        | 
           
			 | 
        using data submitted under Chapter 108, shall publicly report for  | 
      
      
        | 
           
			 | 
        hospitals in this state risk-adjusted outcome rates for those  | 
      
      
        | 
           
			 | 
        potentially preventable complications and potentially preventable  | 
      
      
        | 
           
			 | 
        readmissions that the department[, in consultation with the 
         | 
      
      
        | 
           
			 | 
        
          institute,] has determined to be the most effective measures of  | 
      
      
        | 
           
			 | 
        quality and efficiency. | 
      
      
        | 
           
			 | 
               SECTION 3.33.  Section 98.1047(a), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The [In consultation with the Texas Institute of Health 
         | 
      
      
        | 
           
			 | 
        
          Care Quality and Efficiency under Chapter 1002, the] department  | 
      
      
        | 
           
			 | 
        shall study which adverse health conditions commonly occur in  | 
      
      
        | 
           
			 | 
        long-term care facilities and, of those health conditions, which  | 
      
      
        | 
           
			 | 
        are potentially preventable. | 
      
      
        | 
           
			 | 
               SECTION 3.34.  Section 98.1065, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 98.1065.  STUDY OF INCENTIVES AND RECOGNITION FOR  | 
      
      
        | 
           
			 | 
        HEALTH CARE QUALITY.  The department[, in consultation with the 
         | 
      
      
        | 
           
			 | 
        
          Texas Institute of Health Care Quality and Efficiency under Chapter 
         | 
      
      
        | 
           
			 | 
        
          1002,] shall conduct a study on developing a recognition program to  | 
      
      
        | 
           
			 | 
        recognize exemplary health care facilities for superior quality of  | 
      
      
        | 
           
			 | 
        health care and make recommendations based on that study. | 
      
      
        | 
           
			 | 
               SECTION 3.35.  Section 22.035, Human Resources Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Subsection (n) to read as follows: | 
      
      
        | 
           
			 | 
               (n)  The work group is abolished and this section expires  | 
      
      
        | 
           
			 | 
        September 1, 2017. | 
      
      
        | 
           
			 | 
               SECTION 3.36.  (a)  Section 32.022(b), Human Resources  | 
      
      
        | 
           
			 | 
        Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner shall appoint the committee  | 
      
      
        | 
           
			 | 
        in compliance with the requirements of the federal agency  | 
      
      
        | 
           
			 | 
        administering medical assistance.  The appointments shall: | 
      
      
        | 
           
			 | 
                     (1)  provide for a balanced representation of the  | 
      
      
        | 
           
			 | 
        general public, providers, consumers, and other persons, state  | 
      
      
        | 
           
			 | 
        agencies, or groups with knowledge of and interest in the  | 
      
      
        | 
           
			 | 
        committee's field of work; and | 
      
      
        | 
           
			 | 
                     (2)  include one member who is the representative of a  | 
      
      
        | 
           
			 | 
        managed care organization. | 
      
      
        | 
           
			 | 
               (b)  Not later than January 1, 2016, the executive  | 
      
      
        | 
           
			 | 
        commissioner of the Health and Human Services Commission shall  | 
      
      
        | 
           
			 | 
        appoint an additional member to the medical care advisory committee  | 
      
      
        | 
           
			 | 
        in accordance with Section 32.022(b)(2), Human Resources Code, as  | 
      
      
        | 
           
			 | 
        added by this article. | 
      
      
        | 
           
			 | 
               SECTION 3.37.  Section 32.0641(a), Human Resources Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  To the extent permitted under and in a manner that is  | 
      
      
        | 
           
			 | 
        consistent with Title XIX, Social Security Act (42 U.S.C. Section  | 
      
      
        | 
           
			 | 
        1396 et seq.) and any other applicable law or regulation or under a  | 
      
      
        | 
           
			 | 
        federal waiver or other authorization, the executive commissioner  | 
      
      
        | 
           
			 | 
        shall adopt[, after consulting with the Medicaid and CHIP 
         | 
      
      
        | 
           
			 | 
        
          Quality-Based Payment Advisory Committee established under Section 
         | 
      
      
        | 
           
			 | 
        
          536.002, Government Code,] cost-sharing provisions that encourage  | 
      
      
        | 
           
			 | 
        personal accountability and appropriate utilization of health care  | 
      
      
        | 
           
			 | 
        services, including a cost-sharing provision applicable to a  | 
      
      
        | 
           
			 | 
        recipient who chooses to receive a nonemergency medical service  | 
      
      
        | 
           
			 | 
        through a hospital emergency room. | 
      
      
        | 
           
			 | 
               SECTION 3.38.  Section 1352.004(b), Insurance Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The commissioner by rule shall require a health benefit  | 
      
      
        | 
           
			 | 
        plan issuer to provide adequate training to personnel responsible  | 
      
      
        | 
           
			 | 
        for preauthorization of coverage or utilization review under the  | 
      
      
        | 
           
			 | 
        plan.  The purpose of the training is to prevent denial of coverage  | 
      
      
        | 
           
			 | 
        in violation of Section 1352.003 and to avoid confusion of medical  | 
      
      
        | 
           
			 | 
        benefits with mental health benefits.  The commissioner[, in 
         | 
      
      
        | 
           
			 | 
        
          consultation with the Texas Traumatic Brain Injury Advisory 
         | 
      
      
        | 
           
			 | 
        
          Council,] shall prescribe by rule the basic requirements for the  | 
      
      
        | 
           
			 | 
        training described by this subsection. | 
      
      
        | 
           
			 | 
               SECTION 3.39.  Section 1352.005(b), Insurance Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The commissioner[, in consultation with the Texas 
         | 
      
      
        | 
           
			 | 
        
          Traumatic Brain Injury Advisory Council,] shall prescribe by rule  | 
      
      
        | 
           
			 | 
        the specific contents and wording of the notice required under this  | 
      
      
        | 
           
			 | 
        section. | 
      
      
        | 
           
			 | 
               SECTION 3.40.  (a)  The following provisions of the  | 
      
      
        | 
           
			 | 
        Government Code, including provisions amended by S.B. 219, Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 531.0217(j); | 
      
      
        | 
           
			 | 
                     (2)  Section 531.02172; | 
      
      
        | 
           
			 | 
                     (3)  Section 531.02173(c); | 
      
      
        | 
           
			 | 
                     (4)  Section 531.052; | 
      
      
        | 
           
			 | 
                     (5)  Section 531.0571; | 
      
      
        | 
           
			 | 
                     (6)  Section 531.068; | 
      
      
        | 
           
			 | 
                     (7)  Sections 531.121(1), (5), and (6); | 
      
      
        | 
           
			 | 
                     (8)  Section 531.122; | 
      
      
        | 
           
			 | 
                     (9)  Section 531.123; | 
      
      
        | 
           
			 | 
                     (10)  Section 531.1235; | 
      
      
        | 
           
			 | 
                     (11)  Section 531.251; | 
      
      
        | 
           
			 | 
                     (12)  Subchapters R and T, Chapter 531; | 
      
      
        | 
           
			 | 
                     (13)  Section 531.904; | 
      
      
        | 
           
			 | 
                     (14)  Section 533.00251(a)(1); | 
      
      
        | 
           
			 | 
                     (15)  Section 533.00252; | 
      
      
        | 
           
			 | 
                     (16)  Sections 533.00255(e) and (f); | 
      
      
        | 
           
			 | 
                     (17)  Section 533.00285; | 
      
      
        | 
           
			 | 
                     (18)  Subchapters B and C, Chapter 533; | 
      
      
        | 
           
			 | 
                     (19)  Section 535.055(f); | 
      
      
        | 
           
			 | 
                     (20)  Section 535.108; | 
      
      
        | 
           
			 | 
                     (21)  Section 536.001(1); | 
      
      
        | 
           
			 | 
                     (22)  Section 536.002; and | 
      
      
        | 
           
			 | 
                     (23)  Section 536.007(b). | 
      
      
        | 
           
			 | 
               (b)  The following provisions of the Health and Safety Code,  | 
      
      
        | 
           
			 | 
        including provisions amended by S.B. 219, Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Subchapter C, Chapter 32; | 
      
      
        | 
           
			 | 
                     (2)  Section 62.151(e); | 
      
      
        | 
           
			 | 
                     (3)  Section 62.1571(c); | 
      
      
        | 
           
			 | 
                     (4)  Section 81.010; | 
      
      
        | 
           
			 | 
                     (5)  Section 92.011; | 
      
      
        | 
           
			 | 
                     (6)  Subchapter B, Chapter 92; | 
      
      
        | 
           
			 | 
                     (7)  Chapter 115; and | 
      
      
        | 
           
			 | 
                     (8)  Chapter 1002. | 
      
      
        | 
           
			 | 
               (c)  Section 32.022(e), Human Resources Code, as amended by  | 
      
      
        | 
           
			 | 
        S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
               (d)  Section 848.001(7), Insurance Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 3.41.  On the effective date of this article, the  | 
      
      
        | 
           
			 | 
        following advisory committees are abolished: | 
      
      
        | 
           
			 | 
                     (1)  the advisory committee on Medicaid and child  | 
      
      
        | 
           
			 | 
        health plan program rate and expenditure disparities; | 
      
      
        | 
           
			 | 
                     (2)  the Advisory Committee on Qualifications for  | 
      
      
        | 
           
			 | 
        Health Care Translators and Interpreters; | 
      
      
        | 
           
			 | 
                     (3)  the Behavioral Health Integration Advisory  | 
      
      
        | 
           
			 | 
        Committee; | 
      
      
        | 
           
			 | 
                     (4)  the Consumer Direction Work Group; | 
      
      
        | 
           
			 | 
                     (5)  the Council on Children and Families; | 
      
      
        | 
           
			 | 
                     (6)  the Electronic Health Information Exchange System  | 
      
      
        | 
           
			 | 
        Advisory Committee; | 
      
      
        | 
           
			 | 
                     (7)  the Guardianship Advisory Board; | 
      
      
        | 
           
			 | 
                     (8)  the hospital payment advisory committee; | 
      
      
        | 
           
			 | 
                     (9)  the Interagency Coordinating Council for HIV and  | 
      
      
        | 
           
			 | 
        Hepatitis; | 
      
      
        | 
           
			 | 
                     (10)  the Medicaid and CHIP Quality-Based Payment  | 
      
      
        | 
           
			 | 
        Advisory Committee; | 
      
      
        | 
           
			 | 
                     (11)  each Medicaid managed care advisory committee  | 
      
      
        | 
           
			 | 
        appointed for a health care service region under Subchapter B,  | 
      
      
        | 
           
			 | 
        Chapter 533, Government Code; | 
      
      
        | 
           
			 | 
                     (12)  the Public Assistance Health Benefit Review and  | 
      
      
        | 
           
			 | 
        Design Committee; | 
      
      
        | 
           
			 | 
                     (13)  the renewing our communities account advisory  | 
      
      
        | 
           
			 | 
        committee; | 
      
      
        | 
           
			 | 
                     (14)  the STAR + PLUS Nursing Facility Advisory  | 
      
      
        | 
           
			 | 
        Committee; | 
      
      
        | 
           
			 | 
                     (15)  the STAR + PLUS Quality Council; | 
      
      
        | 
           
			 | 
                     (16)  the state Medicaid managed care advisory  | 
      
      
        | 
           
			 | 
        committee; | 
      
      
        | 
           
			 | 
                     (17)  the task force on domestic violence; | 
      
      
        | 
           
			 | 
                     (18)  the Interagency Task Force for Children With  | 
      
      
        | 
           
			 | 
        Special Needs; | 
      
      
        | 
           
			 | 
                     (19)  the telemedicine and telehealth advisory  | 
      
      
        | 
           
			 | 
        committee; | 
      
      
        | 
           
			 | 
                     (20)  the Texas Institute of Health Care Quality and  | 
      
      
        | 
           
			 | 
        Efficiency; | 
      
      
        | 
           
			 | 
                     (21)  the Texas System of Care Consortium; | 
      
      
        | 
           
			 | 
                     (22)  the Texas Traumatic Brain Injury Advisory  | 
      
      
        | 
           
			 | 
        Council; and | 
      
      
        | 
           
			 | 
                     (23)  the volunteer advocate program advisory  | 
      
      
        | 
           
			 | 
        committee. | 
      
      
        | 
           
			 | 
               SECTION 3.42.  (a)  Not later than November 1, 2015, the  | 
      
      
        | 
           
			 | 
        executive commissioner of the Health and Human Services Commission  | 
      
      
        | 
           
			 | 
        shall publish in the Texas Register: | 
      
      
        | 
           
			 | 
                     (1)  a list of the new advisory committees established  | 
      
      
        | 
           
			 | 
        or to be established as a result of this article, including the  | 
      
      
        | 
           
			 | 
        advisory committees required under Section 531.012(a), Government  | 
      
      
        | 
           
			 | 
        Code, as amended by this article; and | 
      
      
        | 
           
			 | 
                     (2)  a list that identifies the advisory committees  | 
      
      
        | 
           
			 | 
        listed in Section 3.41 of this article: | 
      
      
        | 
           
			 | 
                           (A)  that will not be continued in any form; or | 
      
      
        | 
           
			 | 
                           (B)  whose functions will be assumed by a new  | 
      
      
        | 
           
			 | 
        advisory committee established under Section 531.012(a),  | 
      
      
        | 
           
			 | 
        Government Code, as amended by this article. | 
      
      
        | 
           
			 | 
               (b)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall ensure that an advisory committee  | 
      
      
        | 
           
			 | 
        established under Section 531.012(a), Government Code, as amended  | 
      
      
        | 
           
			 | 
        by this article, begins operations immediately on its establishment  | 
      
      
        | 
           
			 | 
        to ensure ongoing public input and engagement. | 
      
      
        | 
           
			 | 
               (c)  This section takes effect September 1, 2015. | 
      
      
        | 
           
			 | 
               SECTION 3.43.  Except as otherwise provided by this article,  | 
      
      
        | 
           
			 | 
        this article takes effect January 1, 2016. | 
      
      
        | 
           
			 | 
        ARTICLE 4.  CONTINUATION OF HEALTH AND HUMAN SERVICES POWERS AND  | 
      
      
        | 
           
			 | 
        DUTIES | 
      
      
        | 
           
			 | 
               SECTION 4.01.  Section 531.004, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 531.004.  SUNSET PROVISION.  The Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission is subject to Chapter 325 (Texas Sunset Act).   | 
      
      
        | 
           
			 | 
        Unless continued in existence as provided by that chapter, the  | 
      
      
        | 
           
			 | 
        commission is abolished and this chapter expires September 1, 2027  | 
      
      
        | 
           
			 | 
        [2015]. | 
      
      
        | 
           
			 | 
               SECTION 4.02.  Section 108.016, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 108.016.  SUNSET REVIEW.  Unless the department is  | 
      
      
        | 
           
			 | 
        continued in existence in accordance with Chapter 325, Government  | 
      
      
        | 
           
			 | 
        Code (Texas Sunset Act), after the review required by Section  | 
      
      
        | 
           
			 | 
        1001.003 [11.003(b)], this chapter expires on the date the  | 
      
      
        | 
           
			 | 
        department is abolished under that section [September 1, 2015]. | 
      
      
        | 
           
			 | 
               SECTION 4.03.  Section 1001.003, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1001.003.  SUNSET PROVISION.  The Department of State  | 
      
      
        | 
           
			 | 
        Health Services is subject to Chapter 325, Government Code (Texas  | 
      
      
        | 
           
			 | 
        Sunset Act).  Unless continued in existence as provided by that  | 
      
      
        | 
           
			 | 
        chapter, the department is abolished and this chapter expires  | 
      
      
        | 
           
			 | 
        September 1, 2023 [2015]. | 
      
      
        | 
           
			 | 
               SECTION 4.04.  Section 40.003, Human Resources Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 40.003.  SUNSET PROVISION.  The Department of Family  | 
      
      
        | 
           
			 | 
        and Protective Services is subject to Chapter 325, Government Code  | 
      
      
        | 
           
			 | 
        (Texas Sunset Act).  Unless continued in existence as provided by  | 
      
      
        | 
           
			 | 
        that chapter, the department is abolished and this chapter expires  | 
      
      
        | 
           
			 | 
        September 1, 2023 [2015]. | 
      
      
        | 
           
			 | 
               SECTION 4.05.  Section 117.003, Human Resources Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 117.003.  SUNSET PROVISION.  Unless the commission is  | 
      
      
        | 
           
			 | 
        [The Department of Assistive and Rehabilitative Services is subject 
         | 
      
      
        | 
           
			 | 
        
          to Chapter 325, Government Code (Texas Sunset Act). 
           
          Unless]  | 
      
      
        | 
           
			 | 
        continued in existence as provided by Chapter 325, Government Code  | 
      
      
        | 
           
			 | 
        [that chapter], after the review required by Section 531.004,  | 
      
      
        | 
           
			 | 
        Government Code, [the department is abolished and] this chapter  | 
      
      
        | 
           
			 | 
        expires on the date the commission is abolished under that section  | 
      
      
        | 
           
			 | 
        [September 1, 2015]. | 
      
      
        | 
           
			 | 
               SECTION 4.06.  Section 161.003, Human Resources Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 161.003.  SUNSET PROVISION.  Unless the commission is  | 
      
      
        | 
           
			 | 
        [The department is subject to Chapter 325, Government Code (Texas 
         | 
      
      
        | 
           
			 | 
        
          Sunset Act). 
           
          Unless] continued in existence as provided by Chapter  | 
      
      
        | 
           
			 | 
        325, Government Code [that chapter], after the review required by  | 
      
      
        | 
           
			 | 
        Section 531.004, Government Code, [the department is abolished and]  | 
      
      
        | 
           
			 | 
        this chapter expires on the date the commission is abolished under  | 
      
      
        | 
           
			 | 
        that section [September 1, 2015]. | 
      
      
        | 
           
			 | 
        ARTICLE 5.  VITAL STATISTICS | 
      
      
        | 
           
			 | 
               SECTION 5.01.  Subchapter A, Chapter 191, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, is amended by adding Section 191.0031 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 191.0031.  CERTIFIED COPIES BY MAIL.  The state  | 
      
      
        | 
           
			 | 
        registrar or a local registrar may not issue a certified copy of a  | 
      
      
        | 
           
			 | 
        record under this chapter to a person who has applied for the record  | 
      
      
        | 
           
			 | 
        by mail unless the person has provided notarized proof of identity  | 
      
      
        | 
           
			 | 
        in accordance with rules adopted by the executive commissioner of  | 
      
      
        | 
           
			 | 
        the Health and Human Services Commission.  The rules may require the  | 
      
      
        | 
           
			 | 
        issuer of the certified copy to verify the notarization using the  | 
      
      
        | 
           
			 | 
        records of the secretary of state under Section 406.012, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
               SECTION 5.02.  Section 191.022, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Subsection (g) to read as follows: | 
      
      
        | 
           
			 | 
               (g)  Each local registrar shall annually submit a  | 
      
      
        | 
           
			 | 
        self-assessment report to the state registrar.  The department  | 
      
      
        | 
           
			 | 
        shall prescribe the information that must be included in the report  | 
      
      
        | 
           
			 | 
        to allow a thorough desk audit of a local registrar. | 
      
      
        | 
           
			 | 
               SECTION 5.03.  Chapter 191, Health and Safety Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Subchapter D to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER D.  ACCESS TO RECORDS | 
      
      
        | 
           
			 | 
               Sec. 191.071.  CRIMINAL BACKGROUND CHECK REQUIRED.  (a)  A  | 
      
      
        | 
           
			 | 
        person may not access vital records maintained by the department  | 
      
      
        | 
           
			 | 
        under this chapter and may not access the department's vital  | 
      
      
        | 
           
			 | 
        records electronic registration system unless the department, or  | 
      
      
        | 
           
			 | 
        another person acting on behalf of the department, has conducted a  | 
      
      
        | 
           
			 | 
        fingerprint-based criminal background check, using state and  | 
      
      
        | 
           
			 | 
        federal databases, on the person in accordance with department  | 
      
      
        | 
           
			 | 
        policy and the person's record is satisfactory as determined under  | 
      
      
        | 
           
			 | 
        department policy. | 
      
      
        | 
           
			 | 
               (b)  The department may adopt a policy waiving the  | 
      
      
        | 
           
			 | 
        requirement of a fingerprint-based background check for a person  | 
      
      
        | 
           
			 | 
        who previously submitted to a fingerprint-based background check as  | 
      
      
        | 
           
			 | 
        a condition of licensure by a state agency. | 
      
      
        | 
           
			 | 
               SECTION 5.04.  Section 411.110(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by S.B. 219, Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The Department of State Health Services is entitled to  | 
      
      
        | 
           
			 | 
        obtain from the department criminal history record information  | 
      
      
        | 
           
			 | 
        maintained by the department that relates to: | 
      
      
        | 
           
			 | 
                     (1)  a person who is: | 
      
      
        | 
           
			 | 
                           (A)  an applicant for a license or certificate  | 
      
      
        | 
           
			 | 
        under the Emergency Health Care Act (Chapter 773, Health and Safety  | 
      
      
        | 
           
			 | 
        Code); | 
      
      
        | 
           
			 | 
                           (B)  an owner or manager of an applicant for an  | 
      
      
        | 
           
			 | 
        emergency medical services provider license under that Act; or | 
      
      
        | 
           
			 | 
                           (C)  the holder of a license or certificate under  | 
      
      
        | 
           
			 | 
        that Act; | 
      
      
        | 
           
			 | 
                     (2)  an applicant for a license or a license holder  | 
      
      
        | 
           
			 | 
        under Subchapter N, Chapter 431, Health and Safety Code; | 
      
      
        | 
           
			 | 
                     (3)  an applicant for a license, the owner or manager of  | 
      
      
        | 
           
			 | 
        an applicant for a massage establishment license, or a license  | 
      
      
        | 
           
			 | 
        holder under Chapter 455, Occupations Code; | 
      
      
        | 
           
			 | 
                     (4)  an applicant for employment at or current employee  | 
      
      
        | 
           
			 | 
        of: | 
      
      
        | 
           
			 | 
                           (A)  a public health hospital as defined by  | 
      
      
        | 
           
			 | 
        Section 13.033, Health and Safety Code; or | 
      
      
        | 
           
			 | 
                           (B)  the South Texas Health Care System; [or] | 
      
      
        | 
           
			 | 
                     (5)  an applicant for employment at, current employee  | 
      
      
        | 
           
			 | 
        of, or person who contracts or may contract to provide goods or  | 
      
      
        | 
           
			 | 
        services with[:
         | 
      
      
        | 
           
			 | 
                           [(A)
           
           
          the vital statistics unit of the Department 
         | 
      
      
        | 
           
			 | 
        
          of State Health Services; or
         | 
      
      
        | 
           
			 | 
                           [(B)]  the Council on Sex Offender Treatment or  | 
      
      
        | 
           
			 | 
        other division or component of the Department of State Health  | 
      
      
        | 
           
			 | 
        Services that monitors sexually violent predators as described by  | 
      
      
        | 
           
			 | 
        Section 841.003(a), Health and Safety Code; or | 
      
      
        | 
           
			 | 
                     (6)  a person authorized to access vital records or the  | 
      
      
        | 
           
			 | 
        vital records electronic registration system under Chapter 191,  | 
      
      
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        Health and Safety Code, including an employee of or contractor for  | 
      
      
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        the Department of State Health Services, a local registrar, a  | 
      
      
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        medical professional, or a funeral director. | 
      
      
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               SECTION 5.05.  In prescribing the initial requirements for  | 
      
      
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        local registrar self-assessment reports under Section 191.022(g),  | 
      
      
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        Health and Safety Code, as added by this article, the Department of  | 
      
      
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        State Health Services shall solicit comment from local registrars  | 
      
      
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        in this state. | 
      
      
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               SECTION 5.06.  The Department of State Health Services shall  | 
      
      
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        prescribe policies necessary to implement Subchapter D, Chapter  | 
      
      
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        191, Health and Safety Code, as added by this article, to take  | 
      
      
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        effect March 1, 2016. | 
      
      
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        ARTICLE 6.  FEDERAL AUTHORIZATION AND EFFECTIVE DATE | 
      
      
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               SECTION 6.01.  If before implementing any provision of this  | 
      
      
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        Act a state agency determines that a waiver or authorization from a  | 
      
      
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        federal agency is necessary for implementation of that provision,  | 
      
      
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        the agency affected by the provision shall request the waiver or  | 
      
      
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        authorization and may delay implementing that provision until the  | 
      
      
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        waiver or authorization is granted. | 
      
      
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               SECTION 6.02.  Except as otherwise provided by this Act,  | 
      
      
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        this Act takes effect September 1, 2015. | 
      
      
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        ______________________________ | 
        ______________________________ | 
      
      
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           President of the Senate | 
        Speaker of the House      | 
      
      
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               I hereby certify that S.B. No. 200 passed the Senate on  | 
      
      
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        April 15, 2015, by the following vote:  Yeas 31, Nays 0; and that  | 
      
      
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        the Senate concurred in House amendments on May 28, 2015, by the  | 
      
      
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        following vote:  Yeas 31, Nays 0. | 
      
      
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        ______________________________ | 
      
      
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        Secretary of the Senate     | 
      
      
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               I hereby certify that S.B. No. 200 passed the House, with  | 
      
      
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        amendments, on May 25, 2015, by the following vote:  Yeas 143,  | 
      
      
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        Nays 1, one present not voting. | 
      
      
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        ______________________________ | 
      
      
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        Chief Clerk of the House    | 
      
      
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        Approved: | 
      
      
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        ______________________________  | 
      
      
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                    Date | 
      
      
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        ______________________________  | 
      
      
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                  Governor |