84R1246 KKR-D
	By: Campbell, et al.	S.B. No. 205

	A BILL TO BE ENTITLED
	AN ACT
	relating to the functions of the Department of Assistive and
	Rehabilitative Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 117.001, Human Resources Code, is
	amended by amending Subdivision (1) and adding Subdivisions (1-a),
	(1-b), (4-a), and (4-b) to read as follows:
	(1)  "Caseworker" means a department employee who
	manages a client's case under a direct services program and
	provides direct services to the client under the program.
	(1-a)  "Center for independent living" has the meaning
	assigned by Section 702 of the federal Rehabilitation Act of 1973
	(29 U.S.C. Section 796a).
	(1-b)  "Commission" means the Health and Human Services
	Commission.
	(4-a)  "Direct services" means services provided to a
	client by a department employee, including counseling,
	facilitating the purchase of services from a source other than the
	department, and purchasing equipment and other items and providing
	other services necessary for the client to successfully complete a
	department program.
	(4-b)  "Direct services program" means a program
	operated by the department through which direct services are
	provided.
	SECTION 2.  Subchapter D, Chapter 117, Human Resources Code,
	is amended by adding Sections 117.079, 117.080, 117.081, and
	117.082 to read as follows:
	Sec. 117.079.  INTEGRATION OF INDEPENDENT LIVING SERVICES
	PROGRAMS. (a) Not later than September 1, 2016, the department
	shall integrate into a single independent living services program
	the following programs that the department operates under Title VII
	of the federal Rehabilitation Act of 1973 (29 U.S.C. Section 796 et
	seq.):
	(1)  the Independent Living Program for individuals who
	are blind or have visual impairments; and
	(2)  the Independent Living Services Program for
	individuals with significant disabilities.
	(b)  The executive commissioner shall adopt any rules
	necessary to facilitate the integration of the programs identified
	in Subsection (a), including rules that direct the department, as
	the single designated state entity responsible for administering
	the state's independent living services program, to comply with the
	requirements of 29 U.S.C. Section 796c for the integrated program.
	(c)  This section expires September 1, 2017.
	Sec. 117.080.  PROVISION OF INDEPENDENT LIVING SERVICES.
	(a) The department shall ensure that all services provided under
	the independent living services program that the department
	operates under Title VII of the federal Rehabilitation Act of 1973
	(29 U.S.C. Section 796 et seq.) are directly provided by centers for
	independent living, except as provided by Subsection (b), and are
	not directly provided by the department.
	(b)  If an area of the state does not have a center for
	independent living, or no center for independent living in that
	area is able to provide certain necessary services under the
	independent living services program, the department shall seek to
	identify a center for independent living that is willing and able to
	contract with a nonprofit organization or other person to provide
	the independent living services in the area under the program. If
	no center for independent living is willing and able to contract
	with another organization or other person, the department may
	directly contract with an organization or other person who is not a
	center for independent living to provide the independent living
	services in the area under the program.
	(c)  The department shall evaluate the independent living
	services provided by a center for independent living and shall
	provide necessary training or technical assistance to help the
	center for independent living expand its capacity to provide a full
	range of independent living services.
	(d)  The department shall monitor the performance of each
	center for independent living in providing independent living
	services, including how the center for independent living monitors
	the performance of the organizations and other persons with whom it
	contracts to provide independent living services.
	(e)  The executive commissioner shall adopt rules to
	implement this section that include:
	(1)  an equitable and transparent methodology for
	allocating funds to centers for independent living under the
	independent living services program;
	(2)  requirements applicable to the department in
	contracting with centers for independent living to provide
	independent living services under the program;
	(3)  requirements applicable to centers for
	independent living in contracting with organizations and other
	persons to provide independent living services under the program;
	(4)  requirements applicable to the department in
	contracting with organizations or other persons who are not centers
	for independent living to provide independent living services under
	the program;
	(5)  a process for the department to monitor
	independent living services contracts;
	(6)  guidelines on the department's role in providing
	technical assistance and training to centers for independent living
	as necessary; and
	(7)  expectations for department employees to refer
	persons who contact the department seeking independent living
	services to centers for independent living.
	(f)  Notwithstanding the requirements of this section, the
	department shall ensure that services provided under the
	independent living services program are provided as required by
	this section not later than August 31, 2016.  This subsection
	expires September 1, 2017.
	Sec. 117.081.  COMPREHENSIVE REHABILITATION SERVICES
	PROGRAM. The department shall operate a comprehensive
	rehabilitation services program to provide comprehensive
	rehabilitation services to persons with traumatic brain or spinal
	cord injuries. The executive commissioner shall adopt rules for
	the program that include:
	(1)  a system of organization for the delivery of the
	comprehensive rehabilitation services;
	(2)  eligibility requirements for the comprehensive
	rehabilitation services;
	(3)  the types of services that may be provided to a
	client under the program; and
	(4)  requirements for client participation in the costs
	of the comprehensive rehabilitation services.
	Sec. 117.082.  CHILDREN'S AUTISM PROGRAM. The department
	shall operate a children's autism program to provide services to
	children with autism spectrum disorders. The executive
	commissioner shall adopt rules for the program that include:
	(1)  a system of organization for the delivery of the
	autism services;
	(2)  eligibility requirements for the autism services;
	(3)  the types of services that may be provided to a
	client under the program; and
	(4)  requirements for participation by the client's
	family in the costs of the autism services.
	SECTION 3.  Chapter 117, Human Resources Code, is amended by
	adding Subchapter E to read as follows:
	SUBCHAPTER E.  ADMINISTRATION OF DIRECT SERVICES PROGRAMS IN
	GENERAL
	Sec. 117.091.  DIRECT SERVICES PROGRAM CASEWORKER
	GUIDELINES. (a) The department shall use program data and best
	practices to establish and maintain guidelines that provide
	direction for caseworkers' decisions in all of the department's
	direct services programs. The guidelines:
	(1)  must categorize direct services program cases
	based on the types of services provided and, for each category,
	include provisions addressing:
	(A)  the recommended length of time a case in that
	category should last; and
	(B)  the recommended total expenditures for a case
	in that category;
	(2)  must include provisions for creating intermediate
	goals for a client receiving services through a direct services
	program that will allow:
	(A)  the caseworker to monitor the client's
	progress; and
	(B)  the caseworker's supervisor to evaluate how
	the client's case is advancing;
	(3)  must include criteria for caseworkers to use in
	evaluating progress on the intermediate goals described in
	Subdivision (2); and
	(4)  may include other provisions designed to assist
	caseworkers and their supervisors to achieve successful outcomes
	for clients.
	(b)  A caseworker may exceed the recommended guidelines
	described in Subsection (a)(1) in a direct services program case
	but must obtain the approval of the caseworker's supervisor after
	documenting the need to exceed the guidelines.
	(c)  The guidelines established under this section are not
	intended to limit the provision of appropriate or necessary
	services to a client.
	(d)  The department shall provide the guidelines established
	under this section to caseworkers in a format that allows
	caseworkers to easily access the information.
	Sec. 117.092.  DIRECT SERVICES PROGRAM CASE REVIEW SYSTEM.
	(a) The department shall establish and maintain a single, uniform
	case review system for all direct services programs.
	(b)  The case review system must:
	(1)  include risk assessment tools that account for the
	different risks involved in each direct services program;
	(2)  require that case reviews:
	(A)  be used to consistently evaluate each direct
	services program across all regions, with the goal of evaluating at
	least 10 percent of all cases in each program and region annually;
	(B)  focus on areas of highest risk and prioritize
	the review of the following cases:
	(i)  except as provided by Subparagraph
	(ii), cases in which direct services have been provided for more
	than two years;
	(ii)  cases in the Blind Children's
	Vocational Discovery and Development Program in which direct
	services have been provided for more than five years; and
	(iii)  cases that are significantly outside
	the expenditure guidelines for that type of case;
	(C)  be used to evaluate a caseworker's
	eligibility determinations and decisions to close a case before a
	service plan is developed or without the client reaching the
	client's goal; and
	(D)  focus on the quality of a caseworker's
	decision-making and compliance with program requirements; and
	(3)  require a caseworker's supervisor to use the
	reviews of a caseworker's cases in conducting the caseworker's
	performance evaluation and in providing informal guidance to the
	caseworker to improve the caseworker's performance.
	Sec. 117.093.  DIRECT SERVICES PROGRAM MONITORING. (a)
	Department personnel not employed to perform functions directly
	under a direct services program must be designated to monitor those
	programs from a statewide perspective. The designated personnel
	shall collect, monitor, and analyze data relating to direct
	services programs and report outcomes and trends to program
	managers and, as necessary, the commissioner or other appropriate
	executive management.
	(b)  The monitoring function under Subsection (a) must
	include monitoring of:
	(1)  performance data from all regions and all direct
	services programs to identify trends; and
	(2)  case review data to ensure compliance with the
	case review system under Section 117.092.
	(c)  Personnel designated to perform the monitoring function
	required by this section shall work with direct services program
	staff to develop objective and detailed outcome measures for the
	programs.
	(d)  The department may conduct internal peer reviews of the
	department's field offices at regular intervals to assess the field
	offices' compliance with federal regulations and department
	policies and to compare each field office's compliance with the
	compliance of the other field offices. The department may use
	personnel designated to perform the monitoring function required by
	this section to facilitate the internal peer reviews.
	SECTION 4.  Sections 91.022 and 111.071, Human Resources
	Code, are repealed.
	SECTION 5.  The executive commissioner of the Health and
	Human Services Commission shall adopt the rules required by Section
	117.080(e), Human Resources Code, as added by this Act, as soon as
	practicable after the effective date of this Act.
	SECTION 6.  If before implementing any provision of this Act
	a state agency determines that a waiver or authorization from a
	federal agency is necessary for implementation of that provision,
	the agency affected by the provision shall request the waiver or
	authorization and may delay implementing that provision until the
	waiver or authorization is granted.
	SECTION 7.  This Act takes effect September 1, 2015.