MINUTES SENATE COMMITTEE ON HUMAN SERVICES Wednesday, April 19, 2000 9 a.m. Senate Chamber ***** Pursuant to a notice posted in accordance with Senate Rule 11.18, a public hearing of the Senate Committee on Human Services was held on Wednesday, April 19, 2000, in the Senate Chamber at Austin, Texas. ***** MEMBERS PRESENT: MEMBERS ABSENT: Senator Judith Zaffirini, Chair Senator John Carona, Vice Chair Senator David Bernsen Senator Mario Gallegos, Jr. Senator Chris Harris ***** The chair called the meeting to order at 9 a.m. There being a quorum present, the following business was transacted. The chair laid out the October 28, 1999, minutes and called for revisions. There being none, Senator Carona moved their approval. There being no objection, the motion prevailed by unanimous consent. The chair made opening remarks and announced that the purpose of the meeting was to receive progress reports and to review preliminary recommendations regarding the interim charges issued to the committee by Lt. Governor Rick Perry. The chair called invited panelists to present progress reports and preliminary recommendations regarding the continuum of care and support options available to Texans in need of long-term care and the implementation of SB 374 by Senator Judith Zaffirini and Representative Patricia Gray, relating to the provision of certain long-term care services, to the continuation and functions of the Texas Department of Aging, and to the eventual consolidation of the Texas Department of Human Services and the Texas Department on Aging into a new agency on aging and disability services. The following persons provided oral testimony: Don Gilbert, commissioner, Texas Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas 78711-3247. Eric Bost, commissioner, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78714-9030. Karen Hale, commissioner, Texas Department of Mental Health and Mental Retardation, 909 West 45th Street, Austin, Texas 78711-2668. William "Reyn" Archer, commissioner, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. Jim Hine, executive director, Texas Department of Protective and Regulatory Services, 701 West 51st Street, Austin, Texas 78714-9030. Mary Sapp, executive director, Texas Department on Aging, 4900 North Lamar, Austin, Texas 78711-2786. Jim Lehrman, associate commissioner, Long-Term Care Regulatory, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78714-9030. The following person provided oral and written testimony: Jose Montemayor, commissioner, Texas Department of Insurance, 333 Guadalupe Street, Austin, Texas 78714-9104. The following persons registered as resource witnesses, but did not testify: Susan Penfield, division director, Children with Special Needs, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. John F. Willis, state ombudsman, Texas Department on Aging, P.O. Box 12786, Austin, Texas 78711. The chair called invited panelists to present progress reports and preliminary recommendations regarding the services provided to hardest-to-serve adult welfare recipients and services provided to children receiving welfare. The following persons provided oral testimony: Don Gilbert, commissioner, Texas Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas 78711-3247. Eric Bost, commissioner, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78714-9030. Diane Rath, commissioner, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778-0001. The following person provided oral and written testimony: Patrick Bresette, associate director, Center for Public Policy Priorities, 900 Lydia Street, Austin, Texas 78702. The following persons registered as resource witnesses, but did not testify: Judy Denton, director of Texas Works, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78733. Larry Temple, director, welfare reform, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778-0001. The chair called invited panelists to present progress reports and preliminary recommendations regarding federal developments related to long-term care and welfare issues. The following persons provided oral testimony: Don Gilbert, commissioner, Texas Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas 78711-3247. Eric Bost, commissioner, Texas Department of Human Services, 701 West 51st Street, Austin, Texas 78714-9030. Diane Rath, commissioner, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778-0001. The following persons provided oral and written testimony: Laurie Rich, executive director, Office of State and Federal Relations, 122 "C" Street, N.W., Washington, D.C. 20001. Kathy Eckstein, team manager, Federal Funds, Legislative Budget Board, P.O. Box 12666, Austin, Texas 78733. Patrick Bresette, associate director, Center for Public Policy Priorities, 900 Lydia Street, Austin, Texas 78702. The following person registered as a resource witness, but did not testify: Patty Anderson, Promoting Independence Board, 900 Congress, Suite 220, Austin, Texas 78701. The chair called invited panelists to present progress reports regarding the implementation of SB 30 by Senator Florence Shapiro and Representative Dianne Delisi, relating to parental notification before an abortion may be performed on certain minors. The following person provided oral testimony: William "Reyn" Archer, commissioner, Texas Department of Health, 1100 West 49th Street, Austin, Texas 78756. The following person provided oral and written testimony: Robert Pemberton, rules attorney, Supreme Court of Texas, 201 West 14th Street, Room 104, Austin, Texas 78711. The chair called invited panelists to present progress reports and preliminary recommendations regarding the implementation of HB 2641 by Representative Patricia Gray and Senator J.E. "Buster" Brown, relating to the continuation and functions of the Health and Human Services Commission. The following person provided oral testimony: Don Gilbert, commissioner, Texas Health and Human Services Commission, 4900 North Lamar, 4th Floor, Austin, Texas 78711-3247. The chair called invited panelists to present progress reports and preliminary recommendations regarding the effects of additional resources provided to the Texas Department of Protective and Regulatory Services. The following person provided oral testimony: Jim Hine, executive director, Texas Department of Protective and Regulatory Services, 701 West 51st Street, Austin, Texas 78714-9030. The chair called the following persons who registered as public witnesses to provide testimony regarding long-term care services. The following persons provided oral testimony: Jody Becker, owner, Adult Day Care Association of Texas, 26319 Jason Avenue, San Antonio, Texas 78255. Rendy Box, 2509 PepperTree Circle, McKinney, Texas 75070. Paula Brashear, 3108 Pecan Circle, McKinney, Texas 75070. Barbara Briscoe, member, Texas Managed Care Coalition of Adult Day Service, 914 Frost Avenue, Rosenberg, Texas 77471. Jennifer M. Cernoch, director, Texas Respite Resource Network, 519 West Houston, San Antonio, Texas 78207. Jim Cowgill, speaker pro tempore, Texas Silver-Haired Legislature, 11357 Earlywood Drive, Dallas, Texas 75218. Victoria Davis, president, Adult Day Care Association of Texas, 905 West 34th Street, Houston, Texas 77018. Anne Denton, director, The Enterprise Foundation, 2800 South IH-35, Austin, Texas 78704. Barbara Earp, 5503 Eastside, Dallas, Texas 75214. Darlene Evans, administrator, Texas Health Care Association, 3301 FM 3009, Schertz, Texas 78154. Lauren Fecher, Citizens Commission on Human Rights, 2017 Bluebonnet Lane, #101, Austin, Texas 78704. Frank Genco, public policy director, Texas Council for Developmental Disabilities, 4900 North Lamar, Austin, Texas 78751. Lucinda Harman, consulant, Development Disability Project of Central Texas, P.O. Box 729, Belton, Texas 76513-0729. Gail A. Harmon, executive director, Alzheimer's Association, 3710 Cedar Street, Box 8, Austin, Texas 78705. John R. Hawkins, Sr., 235 Poverty Lane, Snook, Texas 77878. Aaryce Hayes, program specialist, Advocacy, Incorporated, 7800 Shoal Creek, #171E, Austin, Texas 78757. Brad Holbert, executive director, Texas Association of Area Agencies on Aging, P.O. Box 3195, Abilene, Texas 79604. Bert Holmes, chairman, Advocacy and Education for the Elderly, 4515 West Lawther Drive, Dallas, Texas 75214. Libby Edwards James, president, Texas Advocates for Nursing Home Residents, P.O. Box 480, Corpus Christi, Texas 78403. Paul R. Jarry, 5825 Spencer Highway, Pasadena, Texas 77505. Paula Johnson, director, Coordinated Senior Advocacy, P.O. Box 92612, Austin, Texas 78709. Kim Kirchoff, director of health and human services, Texas Association of Area Agencies on Aging, 1305 San Antonio Street, Austin, Texas 78701. David Latimer, president, Texas Association of Homes and Services for the Aging, 2205 Hancock Drive, Austin, Texas 78756. Alvin Loewenberg, chairman, Texas Association on Homes and Services for the Aging, 700 Babcock Road, San Antonio, Texas 78201. Jennifer McPhail, ADAPT of Texas, 1339 Lamar, #101, Austin, Texas 78704. Albert Metz, ADAPT of Texas, 2501 Anken Drive, #1804, Austin, Texas 78741. Susan Murphee, program specialist, Advocacy, Incorporated, 7800 Shoal Creek Blvd., Austin, Texas 78758. Jerry Smith, P.O. Box 5030, Alvin, Texas 77512-5030. Wayne A. Spahn, ADAPT of Texas, 2501 Anken Drive, #1802, Austin, Texas 78741. Chris Spence, president, Wesleyan Homes, 1105 Church Street, Georgetown, Texas 78626. Lue Taff, social worker, Alzheimer's Association, 200 South Fulton, Dallas, Texas 75214. Steve Womack, deputy CEO, Adult Day Care Association of Texas, 3201 South Expressway 83, Harlingen, Texas 78550. Betty Wright, Center, Texas 75935. The following persons provided oral and written testimony regarding long-term care services: Patty Anderson, executive director, United Cerebral Palsy of Texas, 900 Congress, Suite 220, Austin, Texas 78701. Bruce P. Bower, chair, Texas Senior Advocacy Coalition, 815 Brazos, Suite 1100, Austin Texas 78701. David Bragg, 823 Congress, Suite 1005, Austin, Texas 78704. Beth Ferris, legislative representative, Texas Advocates for Nursing Home Residents, 500 East Anderson Lane, Austin, Texas 78752. Charlotte Flynn, Texas coordinator, Gray Panthers, 7710 West Rim Drive, Austin, Texas 78731. Karen Friend, president, Texas Managed Care Coalition of Adult Day Service Providers, 914 Frost Avenue, Rosenberg, Texas 77471. Gavin Gadberry, counsel, Texas Health Care Association, P.O. Box 9158, Amarillo, Texas 79105. Alan Hardy, chairman, Long-Term Care and Health Committee, AARP, 701 Cottonwood Crede Drive, Dripping Springs, Texas 78620. Colleen Horton, Texas Advocates Supporting Kids with Disabilities, P.O. Box 162685, Austin, Texas 78746. Bob Kafka, chair, Equity and Independence for Long-Term Care, 1339 Lamar Drive, #101, Austin, Texas 78704. Sandy Klein, senior vice president of operations, Texas Health Care Association, 4315 Guadalupe, #300, Austin, Texas 78751. Chris Kyker, P.O. Box 5996, Abilene, Texas 79608. Bettina Lang, director of programs, Senior Citizens of Greater Dallas, 2905 Swiss Avenue, Dallas, Texas 75204. Peter Nicolaou, executive, Lutheran Social Services of the South, Inc., 10110 Moutwood, Suite H, El Paso, Texas 79925. Keith Perry, president/CEO, Sears Methodist Retirement System, 3233 South Willis, Abilene, Texas 79606. Ray Thomas, president, Bunker Hill/Gulf Insurance Group, 214 Caruthers Lane, Houston, Texas 77024. Jan Weaver, director of services and education, Alzheimer's Association, 2910 Swiss Avenue, Dallas, Texas 75204. Heather Vasek, director of public policy and regulatory affairs, Texas Association for Home Care, 3737 Executive Center Drive, #268, Austin, Texas 78731. Marie B. Wisdom, president, Advocates for Nursing Home Reform, 16908 South Ridge Lane, Austin, Texas 78734-1235. Darrell Zurovec, associate general counsel, Texas Health Care Association, 4315 Guadalupe, Suite 300, Austin, Texas 78751. The following persons registered as public witnesses on long-term care services, but did not testify: Belinda Carlton, executive director, Coalition of Texans with Disabilities, 316 West 12th Street, #405, Austin, Texas 78701. Barrett Markland, program specialist, Advocacy, Incorporated, 7800 Shoal Creek, #171E, Austin, Texas 78757. The following persons submitted written testimony regarding long-term care services: Ruben Salazar, CEO, Sunglo Fellowship Centers, Inc., 3201 South Expressway 83, Harlingen, Texas 78550. Carole Lynn Smith, executive director, Private Providers Association of Texas, 8711 Burnet Road, A-19, Austin, Texas 78757. Stephanie Thomas, organizer, ADAPT of Texas 1339 Lamar, #101, Austin, Texas 78704. The chair called the following persons who registered as public witnesses to provide oral testimony regarding welfare: Paige Flink, executive director, The Family Place, P.O. Box 7999, Dallas, Texas 75209. Mary Lee Hafley, executive director, The Women's Shelter, P.O. Box 1207, Arlington, Texas 76004. The following persons provided oral and written testimony: Pat Cole, National Training Center on Domestic and Sexual Violence, Austin, Texas 78757. Jennifer Corrigan, public policy specialist, Texas Council on Family Violence, P.O. Box 161810, Austin, Texas 78716. The chair called the following person who registered as a public witness to provide oral testimony regarding SB 30: Gerry Anne Markham, 6499 Hart Lane, Austin, Texas 78731. The chair called the following person who registered as a public witness to provide oral testimony regarding the additional resources provided to the Texas Department of Protective and Regulatory Services. The following person provided oral testimony: Bill Barrows, president, The Shaken Baby Alliance, 10409 Town and Country Way, #100, Houston, Texas 77024. The following person submitted written testimony regarding the additional resources provided to the Texas Department of Protective and Regulatory Services: Curtis Mooney, president, Texas Association of Leaders in Children and Family Services, 409 West 13th Street, Austin, Texas 78701. There being no other witnesses registered or responding to the chair's call for public testimony related to the interim charges, the chair closed public testimony. With no other business to come before the committee, the chair recessed the committee at 3:35 p.m., subject to the call of the chair. ____________________________________ Judith Zaffirini, Chair ____________________________________ Scott Caffey, Committee Clerk