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AN ACT
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relating to informal caregiver support services and to the |
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appointment of a successor guardian for certain wards adjudicated |
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as totally incapacitated. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
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is amended by adding Section 161.076 to read as follows: |
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Sec. 161.076. INFORMAL CAREGIVER SERVICES. (a) In this |
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section: |
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(1) "Area agency on aging" has the meaning assigned by |
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Section 161.075. |
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(2) "Local entity" means an area agency on aging or |
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other entity that provides services and support for older or |
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disabled persons and their caregivers. |
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(b) The department shall coordinate with area agencies on |
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aging and, to the extent considered feasible by the department, may |
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coordinate with other local entities to coordinate public awareness |
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outreach efforts regarding the role of informal caregivers in |
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long-term care situations, including efforts to raise awareness of |
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support services available in this state for informal caregivers. |
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(c) The department shall perform the following duties to |
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assist a local entity with outreach efforts under this section: |
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(1) expand an existing department website to provide a |
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link through which a local entity may post and access best practices |
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information regarding informal caregiver support; and |
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(2) create a document template that a local entity may |
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adapt as necessary to reflect resources available to informal |
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caregivers in the area supported by the entity. |
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(d) The department shall create or modify a form to be |
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included in the functional eligibility determination process for |
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long-term care benefits for older persons under the Medicaid |
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program and, to the extent considered feasible by the department, |
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may include a form in systems for other long-term care support |
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services. The department shall use the form to identify informal |
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caregivers for the purpose of enabling the department to refer the |
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caregivers to available support services. The form may be based on |
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an existing form, may include optional questions for an informal |
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caregiver, or may include questions from similar forms used in |
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other states. |
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(e) The department shall coordinate with area agencies on |
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aging and, to the extent considered feasible by the department, may |
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coordinate with other local entities to develop and implement a |
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protocol to evaluate the needs of certain informal caregivers. The |
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protocol must: |
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(1) provide guidance on the type of caregivers who |
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should receive an assessment; and |
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(2) include the use of a standardized assessment tool |
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that may be based on similar tools used in other states, including |
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the Tailored Caregiver Assessment and Referral process. |
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(f) The department shall require area agencies on aging and, |
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to the extent considered feasible by the department, other local |
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entities to use the protocol and assessment tool under Subsection |
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(e) and report the data gathered from the assessment tool to the |
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department. |
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(g) The department shall analyze the data reported under |
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Subsection (f) and collected from the form under Subsection (d) and |
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shall submit a report not later than December 1 of each |
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even-numbered year to the governor and the Legislative Budget Board |
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that summarizes the data analysis. |
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(g-1) Notwithstanding Subsection (g), the department shall |
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submit the initial report required by that subsection not later |
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than December 1, 2012. This subsection expires January 1, 2013. |
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(h) The department shall use the data analyzed under |
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Subsection (g) to: |
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(1) evaluate the needs of assessed informal |
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caregivers; |
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(2) measure the effectiveness of certain informal |
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caregiver support interventions; |
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(3) improve existing programs; |
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(4) develop new services as necessary to sustain |
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informal caregivers; and |
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(5) determine the effect of informal caregiving on |
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employment and employers. |
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SECTION 2. Section 161.101, Human Resources Code, is |
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amended by amending Subsection (d) and adding Subsection (f) to |
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read as follows: |
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(d) The department may not be required by a court to file an |
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application for guardianship, and except as provided by Subsection |
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(f) and Section 695(c), Texas Probate Code, the department may not |
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be appointed as permanent guardian for any individual unless the |
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department files an application to serve or otherwise agrees to |
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serve as the individual's guardian of the person or estate, or both. |
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(f) On appointment by a probate court under Section 695(c), |
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Texas Probate Code, the department shall serve as the successor |
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guardian of the person or estate, or both, of a ward described by |
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that section. |
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SECTION 3. Section 695, Texas Probate Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) The court may appoint the Department of Aging and |
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Disability Services as a successor guardian of the person or |
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estate, or both, of a ward who has been adjudicated as totally |
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incapacitated if: |
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(1) there is no less restrictive alternative to |
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continuation of the guardianship; |
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(2) there is no family member or other suitable |
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person, including a guardianship program, willing and able to serve |
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as the ward's successor guardian; |
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(3) the ward is located more than 100 miles from the |
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court that created the guardianship; |
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(4) the ward has private assets or access to |
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government benefits to pay for the needs of the ward; |
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(5) the department is served with citation and a |
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hearing is held regarding the department's appointment as proposed |
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successor guardian; and |
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(6) the appointment of the department does not violate |
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a limitation imposed by Subsection (d) of this section. |
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(d) The number of appointments under Subsection (c) of this |
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section is subject to an annual limit of 55. The appointments must |
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be distributed equally or as near as equally as possible among the |
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health and human services regions of this state. The Department of |
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Aging and Disability Services at its discretion may establish a |
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different distribution scheme to promote the efficient use and |
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administration of resources. |
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(e) If the Department of Aging and Disability Services is |
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named as a proposed successor guardian in an application in which |
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the department is not the applicant, citation must be issued and |
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served on the department as provided by Section 633(c)(5) of this |
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code. |
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SECTION 4. If before implementing any provision of this Act |
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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 5. 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 hereby certify that S.B. No. 271 passed the Senate on |
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March 19, 2009, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 29, 2009, 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. 271 passed the House, with |
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amendment, on May 27, 2009, by the following vote: Yeas 140, |
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Nays 8, 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 |