| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to an evaluation of the state supported living center |
|
|
system. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. EVALUATION OF STATE SUPPORTED LIVING CENTERS. |
|
|
(a) In this section: |
|
|
(1) "Commission" means the Health and Human Services |
|
|
Commission. |
|
|
(2) "Community services provider" means a provider of |
|
|
services under a home and community-based services waiver program |
|
|
and a licensed ICF-MR provider with fewer than 16 beds. |
|
|
(3) "Department" means the Department of Aging and |
|
|
Disability Services. |
|
|
(4) "State supported living center" has the meaning |
|
|
assigned by Section 531.002, Health and Safety Code. |
|
|
(b) The commission and the department shall contract with an |
|
|
independent entity to conduct an evaluation of the state supported |
|
|
living center system. |
|
|
(c) In evaluating a state supported living center, the |
|
|
independent entity shall consider the following factors: |
|
|
(1) the proximity of the state supported living center |
|
|
to other state supported living centers and the geographical |
|
|
distribution of other state supported living centers; |
|
|
(2) the proximity of the state supported living |
|
|
centers to community services providers and the geographical |
|
|
distribution of those providers; |
|
|
(3) the administrative cost of the state supported |
|
|
living center; |
|
|
(4) the availability of other employment |
|
|
opportunities in the area for employees who would be displaced if |
|
|
the state supported living center were consolidated or closed, |
|
|
including additional employment that may be needed by community |
|
|
services providers on consolidation or closure; |
|
|
(5) the condition of existing state supported living |
|
|
center structures and existing community services providers; |
|
|
(6) the marketability of the property where the state |
|
|
supported living center is located, as determined in consultation |
|
|
with persons with business development expertise, and whether the |
|
|
property should be sold or converted to another use if the state |
|
|
supported living center is consolidated or closed; |
|
|
(7) the ease of client transfer capability; |
|
|
(8) the capacity at other state supported living |
|
|
centers to accommodate persons transferred from a facility if it is |
|
|
consolidated or closed; |
|
|
(9) the capacity of local community services providers |
|
|
to accommodate persons served by the state supported living center |
|
|
if it is consolidated or closed; |
|
|
(10) identification of specialty programs and |
|
|
services available at the state supported living center and whether |
|
|
those programs and services are available at other state supported |
|
|
living centers or from local community services providers; |
|
|
(11) the history of incidents of abuse, neglect, or |
|
|
exploitation at the state supported living center; |
|
|
(12) the services and supports that are not available |
|
|
in the community and that resulted in commitment of individuals to |
|
|
the state supported living center during the previous five years; |
|
|
(13) the support needs of residents in the state |
|
|
supported living center and the availability of programs that |
|
|
provide those services in the community; |
|
|
(14) the impact of expanding community programs in the |
|
|
area of the state supported living center, particularly in |
|
|
historically underserved areas of the state; and |
|
|
(15) any other relevant factor as determined by the |
|
|
commission or department. |
|
|
(d) Not later than October 1, 2014, the commission and the |
|
|
department shall submit a report containing the findings of the |
|
|
independent entity under this section to the governor, the |
|
|
lieutenant governor, the speaker of the house of representatives, |
|
|
and the standing committee of each house of the legislature with |
|
|
jurisdiction over state supported living centers. |
|
|
(e) This section expires September 1, 2015. |
|
|
SECTION 2. EFFECTIVE DATE. This Act takes effect |
|
|
immediately if it receives a vote of two-thirds of all the members |
|
|
elected to each house, as provided by Section 39, Article III, Texas |
|
|
Constitution. If this Act does not receive the vote necessary for |
|
|
immediate effect, this Act takes effect September 1, 2013. |