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AN ACT
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relating to the creation by the Health and Human Services |
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Commission of a volunteer advocate program for certain elderly |
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individuals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Sections 531.057 and 531.0571 to read as follows: |
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Sec. 531.057. VOLUNTEER ADVOCATE PROGRAM FOR THE ELDERLY. |
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(a) In this section: |
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(1) "Designated caregiver" means: |
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(A) a person designated as a caregiver by an |
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elderly individual receiving services from or under the direction |
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of the commission or a health and human services agency; or |
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(B) a court-appointed guardian of an elderly |
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individual receiving services from or under the direction of the |
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commission or a health and human services agency. |
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(2) "Elderly" means individuals who are at least 60 |
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years of age. |
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(3) "Program" means the volunteer advocate program for |
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the elderly created under this section. |
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(4) "Volunteer advocate" means a person who |
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successfully completes the volunteer advocate curriculum described |
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by Subsection (c)(2). |
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(b) The executive commissioner shall coordinate with the |
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advisory committee established under Section 531.0571 to develop a |
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volunteer advocate program for the elderly receiving services from |
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or under the direction of the commission or a health and human |
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services agency. |
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(c) In developing the program, the executive commissioner |
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and the advisory committee shall adhere to the following |
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principles: |
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(1) the intent of the program is to evaluate, through |
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operation of pilot projects, whether providing the services of a |
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trained volunteer advocate selected by an elderly individual or the |
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individual's designated caregiver is effective in achieving the |
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following goals: |
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(A) extend the time the elderly individual can |
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remain in an appropriate home setting; |
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(B) maximize the efficiency of services |
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delivered to the elderly individual by focusing on services needed |
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to sustain family caregiving; |
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(C) protect the elderly individual by providing a |
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knowledgeable third party to review the quality of care and |
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services delivered to the individual and the care options available |
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to the individual and the individual's family; and |
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(D) facilitate communication between the elderly |
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individual or the individual's designated caregiver and providers |
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of health care and other services; |
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(2) a volunteer advocate curriculum must be |
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established that incorporates best practices as determined and |
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recognized by a professional organization recognized in the elder |
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health care field; |
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(3) the use of pro bono assistance from qualified |
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professionals must be maximized in developing the volunteer |
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advocate curriculum and designing the program; |
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(4) trainers must be certified on the ability to |
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deliver training; |
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(5) training shall be offered through multiple |
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community-based organizations; and |
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(6) participation in the program is voluntary and must |
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be initiated by the elderly individual or the individual's |
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designated caregiver. |
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(d) The executive commissioner may enter into agreements |
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with appropriate nonprofit organizations for the provision of |
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services under the program. A nonprofit organization is eligible |
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to provide services under the program if the organization: |
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(1) has significant experience in providing services |
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to elderly individuals; |
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(2) has the capacity to provide training and |
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supervision for individuals interested in serving as volunteer |
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advocates; and |
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(3) meets any other criteria prescribed by the |
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executive commissioner. |
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(e) The commission shall fund the program, including the |
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design and evaluation of pilot projects, development of the |
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volunteer advocate curriculum, and training of volunteers, through |
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existing appropriations to the commission. |
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(f) Notwithstanding Subsection (e), the commission may |
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accept gifts, grants, or donations for the program from any public |
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or private source to: |
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(1) carry out the design of the program; |
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(2) develop criteria for evaluation of any proposed |
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pilot projects operated under the program; |
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(3) develop a volunteer advocate training curriculum; |
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(4) conduct training for volunteer advocates; and |
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(5) develop a request for offers to conduct any |
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proposed pilot projects under the program. |
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(g) The executive commissioner may adopt rules as necessary |
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to implement the program. |
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Sec. 531.0571. VOLUNTEER ADVOCATE PROGRAM ADVISORY |
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COMMITTEE. (a) The executive commissioner shall appoint an |
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advisory committee composed of the following members: |
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(1) a representative of the Department of Aging and |
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Disability Services; |
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(2) a representative of the Department of Assistive |
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and Rehabilitative Services; |
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(3) a representative of the Department of State Health |
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Services; |
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(4) a representative of the Texas Silver-Haired |
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Legislature; |
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(5) a representative of an area agency on aging; |
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(6) a representative of United Ways of Texas; |
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(7) a home health provider; |
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(8) an assisted living provider; |
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(9) a nursing home provider; |
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(10) a representative of Texas CASA; |
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(11) a licensed gerontologist; and |
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(12) a representative of AARP. |
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(b) The advisory committee shall advise the executive |
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commissioner on the development of the volunteer advocate program |
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for the elderly developed under Section 531.057, including |
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reviewing and commenting on: |
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(1) program design and selection of any pilot sites |
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operated under the program; |
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(2) the volunteer advocate training curriculum; |
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(3) requests for oversight requirements for any pilot |
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projects operated under the program; |
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(4) evaluation of any pilot projects operated under |
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the program; |
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(5) requirements for periodic reports to the elderly |
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individual or the individual's designated caregiver and providers |
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of health care or other services; and |
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(6) other issues as requested by the executive |
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commissioner. |
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(b-1) Not later than December 1, 2010, the advisory |
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committee shall submit a report to the governor, lieutenant |
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governor, speaker of the house of representatives, and standing |
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committees of the senate and house of representatives with primary |
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jurisdiction over matters concerning health and human services on |
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the advisory committee's activities, findings, and |
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recommendations. This subsection expires September 1, 2011. |
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(c) The commission shall provide the advisory committee |
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with the staff support necessary to allow the committee to fulfill |
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its duties. |
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(d) A member of the advisory committee serves without |
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compensation but is entitled to a per diem allowance and |
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reimbursement at rates established for state employees for travel |
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expenses incurred in the performance of the member's official |
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duties. |
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(e) Expenses under Subsection (d) shall be paid from |
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existing appropriations to the commission but may not exceed |
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$50,000 per year. |
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(f) Chapter 2110 does not apply to the advisory committee. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4154 was passed by the House on May 6, |
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2009, by the following vote: Yeas 90, Nays 44, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4154 was passed by the Senate on May |
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21, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |