S.B. No. 200
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AN ACT
  relating to the continuation and functions of the Health and Human
  Services Commission and the provision of health and human services
  in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM
         SECTION 1.01.  (a)  Chapter 531, Government Code, is amended
  by adding Subchapter A-1 to read as follows:
  SUBCHAPTER A-1.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES SYSTEM
         Sec. 531.02001.  CONSOLIDATION OF HEALTH AND HUMAN SERVICES
  SYSTEM GENERALLY. In accordance with this subchapter, the
  functions of the health and human services system described under
  Sections 531.0201, 531.02011, and 531.02012 are consolidated
  through a phased transfer of those functions under which:
               (1)  the initial transfers required under Section
  531.0201 occur:
                     (A)  on or after the date on which the executive
  commissioner submits the transition plan to the required persons
  under Section 531.0204(e); and
                     (B)  not later than September 1, 2016;
               (2)  the final transfers required under Section
  531.02011 occur:
                     (A)  on or after September 1, 2016; and
                     (B)  not later than September 1, 2017; and
               (3)  transfers of administrative support services
  functions occur in accordance with Section 531.02012.
         Sec. 531.02002.  MEANING OF FUNCTION IN RELATION TO
  TRANSFERS.  For purposes of the transfers mandated by this
  subchapter, "function" includes a power, duty, program, or activity
  of a state agency or entity.
         Sec. 531.0201.  PHASE ONE:  INITIAL TRANSFERS. (a)  On the
  dates specified in the transition plan required under Section
  531.0204, the following functions are transferred to the commission
  as provided by this subchapter:
               (1)  all functions, including any remaining
  administrative support services functions, of each state agency and
  entity subject to abolition under Section 531.0202(a); and
               (2)  except as provided by Section 531.02013, all
  client services of the health and human services system, including
  client services functions performed by the following:
                     (A)  the state agency and entity subject to
  abolition under Section 531.0202(b);
                     (B)  the Department of Family and Protective
  Services; and
                     (C)  the Department of State Health Services.
         (b)  On the dates specified in the transition plan required
  under Section 531.0204, all functions in the health and human
  services system related to prevention and early intervention
  services, including the Nurse-Family Partnership Competitive Grant
  Program under Subchapter C, Chapter 265, Family Code, are
  transferred to the Department of Family and Protective Services.
         Sec. 531.02011.  PHASE TWO: FINAL TRANSFERS TO COMMISSION.
  On the dates specified in the transition plan required under
  Section 531.0204, the following functions are transferred to the
  commission as provided by this subchapter:
               (1)  all functions of each state agency and entity
  subject to abolition under Section 531.0202(b) that remained with
  the agency or entity after the initial transfer of functions under
  Section 531.0201 or a transfer of administrative support services
  functions under Section 531.02012;
               (2)  regulatory functions and functions related to
  state-operated institutions of the Department of State Health
  Services; and
               (3)  regulatory functions of the Department of Family
  and Protective Services.
         Sec. 531.02012.  TRANSFER AND CONSOLIDATION OF
  ADMINISTRATIVE SUPPORT SERVICES FUNCTIONS. (a)  In this section,
  "administrative support services" has the meaning assigned under
  Section 531.00553.
         (b)  As soon as practicable after the first day of the period
  prescribed by Section 531.02001(1) and not later than the last day
  of the period prescribed by Section 531.02001(2), in accordance
  with and on the dates specified in the transition plan required
  under Section 531.0204, the executive commissioner shall, after
  consulting with affected state agencies and divisions, transfer and
  consolidate within the commission administrative support services
  functions of the health and human services system to the extent
  consolidation of those support services functions is feasible and
  contributes to the effective performance of the system.  
  Consolidation of an administrative support services function under
  this section must be conducted in accordance with the principles
  and requirements for organization of administrative support
  services under Section 531.00553(c).
         (c)  Consultation with affected state agencies and divisions
  under Subsection (b) must be conducted in a manner that ensures
  client services are, at most, only minimally affected, and must
  result in a memorandum of understanding or other agreement between
  the commission and each affected agency or division that:
               (1)  details measurable performance goals that the
  commission is expected to meet;
               (2)  identifies a means by which the agency or division
  may seek permission from the executive commissioner to find an
  alternative way to address the needs of the agency or division, as
  appropriate;
               (3)  identifies steps to ensure that programs under the
  health and human services system, whether large or small, receive
  administrative support services that are adequate to meet the
  program's needs; and
               (4)  if appropriate, specifies that staff responsible
  for providing administrative support services consolidated within
  the commission are located in the area where persons requiring
  those services are located to ensure the staff understands related
  program needs and can respond to those needs in a timely manner.
         Sec. 531.02013.  FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
  The following functions are not subject to transfer under Sections
  531.0201 and 531.02011:
               (1)  the functions of the Department of Family and
  Protective Services, including the statewide intake of reports and
  other information, related to the following:
                     (A)  child protective services, including
  services that are required by federal law to be provided by this
  state's child welfare agency;
                     (B)  adult protective services, other than
  investigations of the alleged abuse, neglect, or exploitation of an
  elderly person or person with a disability:
                           (i)  in a facility operated, or in a facility
  or by a person licensed, certified, or registered, by a state
  agency; or
                           (ii)  by a provider that has contracted to
  provide home and community-based services; and
                     (C)  prevention and early intervention services;
  and
               (2)  the public health functions of the Department of
  State Health Services, including health care data collection and
  maintenance of the Texas Health Care Information Collection
  program.
         Sec. 531.02014.  RELATED TRANSFERS; EFFECT OF
  CONSOLIDATION. (a)  All of the following that relate to a function
  that is transferred under Section 531.0201, 531.02011, or 531.02012
  are transferred to the commission or the Department of Family and
  Protective Services, as applicable, on the date the related
  function is transferred as specified in the transition plan
  required under Section 531.0204:
               (1)  all obligations and contracts, including
  obligations and contracts related to a grant program;
               (2)  all property and records in the custody of the
  state agency or entity from which the function is transferred;
               (3)  all funds appropriated by the legislature and
  other money; and
               (4)  all complaints, investigations, or contested
  cases that are pending before the state agency or entity from which
  the function is transferred or a governing person or entity of the
  state agency or entity, without change in status.
         (b)  A rule, policy, or form adopted by or on behalf of a
  state agency or entity from which functions are transferred under
  Section 531.0201, 531.02011, or 531.02012 that relates to a
  function that is transferred under one of those sections becomes a
  rule, policy, or form of the receiving state agency upon transfer of
  the related function and remains in effect:
               (1)  until altered by the commission or other receiving
  state agency, as applicable; or
               (2)  unless it conflicts with a rule, policy, or form of
  the receiving state agency.
         (c)  A license, permit, or certification in effect that was
  issued by a state agency or entity from which functions are
  transferred under Section 531.0201 or 531.02011 that relates to a
  function that is transferred under either of those sections is
  continued in effect as a license, permit, or certification of the
  commission upon transfer of the related function until the license,
  permit, or certification expires, is suspended or revoked, or
  otherwise becomes invalid.
         Sec. 531.0202.  ABOLITION OF STATE AGENCIES AND ENTITIES;
  EFFECT OF TRANSFERS. (a)  Each of the following state agencies and
  entities is abolished on a date that is within the period prescribed
  by Section 531.02001(1), that is specified in the transition plan
  required under Section 531.0204 for the abolition of the agency or
  entity, and that occurs after all of the agency's or entity's
  functions have been transferred in accordance with Section
  531.0201:
               (1)  the Department of Assistive and Rehabilitative
  Services;
               (2)  the Health and Human Services Council;
               (3)  the Aging and Disability Services Council;
               (4)  the Assistive and Rehabilitative Services
  Council;
               (5)  the Family and Protective Services Council;
               (6)  the State Health Services Council; and
               (7)  the Texas Council on Autism and Pervasive
  Developmental Disorders.
         (b)  The following state agency and entity are abolished on a
  date that is within the period prescribed by Section 531.02001(2),
  that is specified in the transition plan required under Section
  531.0204 for the abolition of the state agency or entity, and that
  occurs after all of the state agency's or entity's functions have
  been transferred to the commission in accordance with Sections
  531.0201 and 531.02011:
               (1)  the Department of Aging and Disability Services;
  and
               (2)  the Office for the Prevention of Developmental
  Disabilities.
         (c)  The abolition of a state agency or entity listed in
  Subsection (a) or (b) and the transfer of its functions and related
  obligations, rights, contracts, records, property, and funds as
  provided by this subchapter and the transfer of functions and
  related obligations, rights, contracts, records, property, and
  funds to or from the Department of Family and Protective Services
  and from the Department of State Health Services as provided by this
  subchapter do not affect or impair an act done, any obligation,
  right, order, permit, certificate, rule, criterion, standard, or
  requirement existing, or any penalty accrued under former law, and
  that law remains in effect for any action concerning those matters.
         Sec. 531.0203.  HEALTH AND HUMAN SERVICES TRANSITION
  LEGISLATIVE OVERSIGHT COMMITTEE. (a)  In this section,
  "committee" means the Health and Human Services Transition
  Legislative Oversight Committee established under this section.
         (b)  The Health and Human Services Transition Legislative
  Oversight Committee is created to facilitate the transfer of
  functions under Sections 531.0201, 531.02011, and 531.02012 with
  minimal negative effect on the delivery of services to which those
  functions relate.
         (c)  The committee is composed of 11 voting members, as
  follows:
               (1)  four members of the senate, appointed by the
  lieutenant governor;
               (2)  four members of the house of representatives,
  appointed by the speaker of the house of representatives; and
               (3)  three members of the public, appointed by the
  governor.
         (d)  The executive commissioner serves as an ex officio,
  nonvoting member of the committee.
         (e)  A member of the committee serves at the pleasure of the
  appointing official.
         (f)  The lieutenant governor and the speaker of the house of
  representatives shall each designate a presiding co-chair from
  among their respective appointments.
         (g)  A member of the committee may not receive compensation
  for serving on the committee but is entitled to reimbursement for
  travel expenses incurred by the member while conducting the
  business of the committee as provided by the General Appropriations
  Act.
         (h)  The committee shall:
               (1)  facilitate the transfer of functions under
  Sections 531.0201, 531.02011, and 531.02012 with minimal negative
  effect on the delivery of services to which those functions relate;
               (2)  with assistance from the commission and the state
  agencies and entities from which functions are transferred under
  Sections 531.0201, 531.02011, and 531.02012, advise the executive
  commissioner concerning:
                     (A)  the functions to be transferred under this
  subchapter and the funds and obligations that are related to the
  functions;
                     (B)  the transfer of the functions and related
  records, property, funds, and obligations by the state agencies and
  entities as provided by this subchapter; and
                     (C)  the reorganization of the commission's
  administrative structure in accordance with this subchapter,
  Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,
  and other provisions enacted by the 84th Legislature that become
  law; and
               (3)  meet:
                     (A)  during the period between the establishment
  of the committee and September 1, 2017, at least quarterly at the
  call of either chair, in addition to meeting at other times as
  determined appropriate by either chair;
                     (B)  during the period between September 2, 2017,
  and December 31, 2019, at least semiannually at the call of either
  chair, in addition to meeting at other times as determined
  appropriate by either chair; and
                     (C)  during the period between January 1, 2020,
  and August 31, 2023, at least annually at the call of either chair,
  in addition to meeting at other times as determined appropriate by
  either chair.
         (i)  Chapter 551 applies to the committee.
         (j)  The committee shall submit a report to the governor,
  lieutenant governor, speaker of the house of representatives, and
  legislature not later than December 1 of each even-numbered year.
  The report must include an update on the progress of and issues
  related to:
               (1)  the transfer of functions under Sections 531.0201,
  531.02011, and 531.02012 to the commission and the Department of
  Family and Protective Services, including the need for any
  additional statutory changes required to complete the transfer of
  prevention and early intervention services functions to the
  department in accordance with this subchapter; and
               (2)  the reorganization of the commission's
  administrative structure in accordance with this subchapter,
  Sections 531.0055, 531.00553, 531.00561, 531.00562, and 531.008,
  and other provisions enacted by the 84th Legislature that become
  law.
         (k)  The committee is abolished September 1, 2023.
         Sec. 531.02031.  STUDY ON CONTINUING NEED FOR CERTAIN STATE
  AGENCIES.  (a)  Not later than September 1, 2018, the executive
  commissioner shall conduct a study and submit a report and
  recommendation to the Health and Human Services Transition
  Legislative Oversight Committee regarding the need to continue the
  Department of Family and Protective Services and the Department of
  State Health Services as state agencies separate from the
  commission.
         (b)  Not later than December 1, 2018, the Health and Human
  Services Transition Legislative Oversight Committee shall review
  the report and recommendation submitted under Subsection (a) and
  submit a report and recommendation to the legislature regarding the
  need to continue the Department of Family and Protective Services
  and the Department of State Health Services as state agencies
  separate from the commission.
         (c)  The Health and Human Services Transition Legislative
  Oversight Committee shall include the following in the report
  submitted to the legislature under Subsection (b):
               (1)  an evaluation of the transfer of prevention and
  early intervention services functions to the Department of Family
  and Protective Services as provided by this subchapter, including
  an evaluation of:
                     (A)  any increased coordination and efficiency in
  the operation of the programs achieved as a result of the transfer;
                     (B)  the department's coordination with other
  state agency programs providing similar prevention and early
  intervention services; and
                     (C)  the department's interaction with
  stakeholders and other interested parties in performing the
  department's functions; and
               (2)  any recommendations concerning the transfer of
  prevention and early intervention services functions of the
  department to another state agency.
         Sec. 531.0204.  TRANSITION PLAN FOR IMPLEMENTATION OF
  CONSOLIDATION.  (a)  The transfers of functions under Sections
  531.0201, 531.02011, and 531.02012 must be accomplished in
  accordance with a transition plan developed by the executive
  commissioner that ensures that the transfers and provision of
  health and human services in this state are accomplished in a
  careful and deliberative manner.  The transition plan must:
               (1)  include an outline of the commission's reorganized
  structure, including its divisions, in accordance with this
  subchapter, Sections 531.00561, 531.00562, and 531.008, and other
  provisions enacted by the 84th Legislature that become law;
               (2)  include details regarding movement of functions
  and a timeline that, subject to the periods prescribed by Section
  531.02001, specifies the dates on which:
                     (A)  the transfers under Sections 531.0201,
  531.02011, and 531.02012 are to be made;
                     (B)  each state agency or entity subject to
  abolition under Section 531.0202 is abolished; and
                     (C)  each division of the commission is created
  and the division's director is appointed;
               (3)  for purposes of Sections 531.0201, 531.02011, and
  531.02013, define:
                     (A)  client services functions;
                     (B)  regulatory functions;
                     (C)  public health functions; and
                     (D)  functions related to:
                           (i)  state-operated institutions;
                           (ii)  child protective services;
                           (iii)  adult protective services; and
                           (iv)  prevention and early intervention
  services; and
               (4)  include an evaluation and determination of the
  feasibility and potential effectiveness of consolidating
  administrative support services into the commission in accordance
  with Section 531.02012, including a report of:
                     (A)  the specific support services that will be
  consolidated within the commission;
                     (B)  a timeline that details when specific support
  services will be consolidated, including a description of the
  support services that will transfer by the last day of each period
  prescribed by Section 531.02001; and
                     (C)  measures the commission will take to ensure
  information resources and contracting support services continue to
  operate properly across the health and human services system under
  any consolidation of administrative support services.
         (b)  In defining the transferred functions under Subsection
  (a)(3), the executive commissioner shall ensure that:
               (1)  not later than the last day of the period
  prescribed by Section 531.02001(1), all functions of a state agency
  or entity subject to abolition under Section 531.0202(a) are
  transferred to the commission or the Department of Family and
  Protective Services, as applicable;
               (2)  the transferred prevention and early intervention
  services functions to the Department of Family and Protective
  Services include:
                     (A)  prevention and early intervention services
  as defined under Section 265.001, Family Code; and
                     (B)  programs that:
                           (i)  provide parent education;
                           (ii)  promote healthier parent-child
  relationships; or
                           (iii)  prevent family violence; and
               (3)  not later than the last day of the period
  prescribed by Section 531.02001(2), all functions of the state
  agency and entity subject to abolition under Section 531.0202(b)
  are transferred to the commission.
         (c)  In developing the transition plan, the executive
  commissioner shall, before submitting the plan to the Health and
  Human Services Transition Legislative Oversight Committee, the
  governor, and the Legislative Budget Board as required by
  Subsection (e):
               (1)  hold public hearings in various geographic areas
  in this state regarding the plan; and
               (2)  solicit and consider input from appropriate
  stakeholders.
         (d)  Within the periods prescribed by Section 531.02001:
               (1)  the commission shall begin administering the
  respective functions assigned to the commission under Sections
  531.0201 and 531.02011, as applicable; and
               (2)  the Department of Family and Protective Services
  shall begin administering the functions assigned to the department
  under Section 531.0201.
         (d-1)  The assumption of the administration of the functions
  transferred to the commission and the Department of Family and
  Protective Services under Sections 531.0201 and 531.02011, as
  applicable, must be accomplished in accordance with the transition
  plan.
         (e)  The executive commissioner shall submit the transition
  plan to the Health and Human Services Transition Legislative
  Oversight Committee, the governor, and the Legislative Budget Board
  not later than March 1, 2016.  The Health and Human Services
  Transition Legislative Oversight Committee shall comment on and
  make recommendations to the executive commissioner regarding any
  concerns or adjustments to the transition plan the committee
  determines appropriate.  The executive commissioner may not
  finalize the transition plan until the executive commissioner has
  reviewed and considered the comments and recommendations of the
  committee regarding the transition plan.
         (f)  The executive commissioner shall publish in the Texas
  Register:
               (1)  the transition plan developed under this section;
               (2)  any adjustments to the transition plan recommended
  by the Health and Human Services Transition Legislative Oversight
  Committee;
               (3)  a statement regarding whether the executive
  commissioner adopted or otherwise incorporated the recommended
  adjustments; and
               (4)  if the executive commissioner did not adopt a
  recommended adjustment, the justification for not adopting the
  adjustment.
         Sec. 531.02041.  REQUIRED REPORTS AFTER TRANSITION PLAN
  SUBMISSION. If, at any time after the executive commissioner
  submits the transition plan in accordance with Section 531.0204(e),
  the executive commissioner proposes to make a substantial
  organizational change to the health and human services system that
  was not included in the transition plan, the executive commissioner
  shall, before implementing the proposed change, submit a report
  detailing the proposed change to the Health and Human Services
  Transition Legislative Oversight Committee.
         Sec. 531.0205.  APPLICABILITY OF FORMER LAW. An action
  brought or proceeding commenced before the date of a transfer
  prescribed by this subchapter in accordance with the transition
  plan required under Section 531.0204, including a contested case or
  a remand of an action or proceeding by a reviewing court, is
  governed by the laws and rules applicable to the action or
  proceeding before the transfer.
         Sec. 531.0206.  LIMITED-SCOPE SUNSET REVIEW. (a)  The
  Sunset Advisory Commission shall conduct a limited-scope review of
  the commission during the state fiscal biennium ending August 31,
  2023, in the manner provided by Chapter 325 (Texas Sunset Act). The
  review must provide:
               (1)  an update on the commission's progress with
  respect to the consolidation of the health and human services
  system mandated by this subchapter, including the commission's
  compliance with the transition plan required under Section
  531.0204;
               (2)  an evaluation and recommendations regarding the
  need to continue the Department of Family and Protective Services
  and the Department of State Health Services as state agencies
  separate from the commission; and
               (3)  any additional information the Sunset Advisory
  Commission determines appropriate, including information regarding
  any additional organizational changes the Sunset Advisory
  Commission recommends.
         (b)  The commission is not abolished solely because the
  commission is not explicitly continued following the review
  required by this section.
         Sec. 531.0207.  EXPIRATION OF SUBCHAPTER.  This subchapter
  expires September 1, 2023.
         (b)  Not later than October 1, 2015:
               (1)  the lieutenant governor, the speaker of the house
  of representatives, and the governor shall make the appointments to
  the Health and Human Services Transition Legislative Oversight
  Committee as required by Section 531.0203(c), Government Code, as
  added by this article; and
               (2)  the lieutenant governor and the speaker of the
  house of representatives shall each designate a presiding co-chair
  of the Health and Human Services Transition Legislative Oversight
  Committee in accordance with Section 531.0203(f), Government Code,
  as added by this article.
         (c)  As soon as appropriate under the consolidation under
  Subchapter A-1, Chapter 531, Government Code, as added by this
  article, and in a manner that minimizes disruption of services, the
  Health and Human Services Commission shall take appropriate action
  to be designated as the state agency responsible under federal law
  for any state or federal program that is transferred to the
  commission in accordance with that subchapter and for which federal
  law requires the designation of a responsible state agency.
         (d)  Notwithstanding Section 531.0201, 531.02011, or
  531.02012, Government Code, as added by this article, a power,
  duty, program, function, or activity of the Department of Assistive
  and Rehabilitative Services may not be transferred to the Health
  and Human Services Commission under that section if:
               (1)  H.B. No. 3294 or S.B. No. 208, 84th Legislature,
  Regular Session, 2015, or similar legislation of the 84th
  Legislature, Regular Session, 2015, is enacted, becomes law, and
  provides for the transfer of the power, duty, program, function, or
  activity to the Texas Workforce Commission subject to receipt of
  any necessary federal approval or other authorization for the
  transfer to occur; and
               (2)  the Department of Assistive and Rehabilitative
  Services or the Texas Workforce Commission receives the necessary
  federal approval or other authorization to enable the transfer to
  occur not later than September 1, 2016.
         (e)  If neither the Department of Assistive and
  Rehabilitative Services nor the Texas Workforce Commission
  receives the federal approval or other authorization described by
  Subsection (d) of this section to enable the transfer of the power,
  duty, program, function, or activity to the Texas Workforce
  Commission to occur not later than September 1, 2016, as provided by
  the legislation described by Subsection (d) of this section, the
  power, duty, program, function, or activity of the Department of
  Assistive and Rehabilitative Services transfers to the Health and
  Human Services Commission in accordance with Section 531.0201,
  Government Code, as added by this article, and the transition plan
  required under Section 531.0204, Government Code, as added by this
  article.
         SECTION 1.02.  Subchapter A, Chapter 531, Government Code,
  is amended by adding Sections 531.0011 and 531.0012 to read as
  follows:
         Sec. 531.0011.  REFERENCES IN LAW MEANING COMMISSION OR
  APPROPRIATE DIVISION. (a)  In this code or in any other law, a
  reference to any of the following state agencies or entities in
  relation to a function transferred to the commission under Section
  531.0201, 531.02011, or 531.02012, as applicable, means the
  commission or the division of the commission performing the
  function previously performed by the state agency or entity before
  the transfer, as appropriate:
               (1)  health and human services agency;
               (2)  the Department of State Health Services;
               (3)  the Department of Aging and Disability Services;
               (4)  the Department of Family and Protective Services;
  or
               (5)  the Department of Assistive and Rehabilitative
  Services.
         (b)  In this code or in any other law and notwithstanding any
  other law, a reference to any of the following state agencies or
  entities in relation to a function transferred to the commission
  under Section 531.0201, 531.02011, or 531.02012, as applicable,
  from the state agency that assumed the relevant function in
  accordance with Chapter 198 (H.B. 2292), Acts of the 78th
  Legislature, Regular Session, 2003, means the commission or the
  division of the commission performing the function previously
  performed by the agency that assumed the function before the
  transfer, as appropriate:
               (1)  the Texas Department on Aging;
               (2)  the Texas Commission on Alcohol and Drug Abuse;
               (3)  the Texas Commission for the Blind;
               (4)  the Texas Commission for the Deaf and Hard of
  Hearing;
               (5)  the Texas Department of Health;
               (6)  the Texas Department of Human Services;
               (7)  the Texas Department of Mental Health and Mental
  Retardation;
               (8)  the Texas Rehabilitation Commission;
               (9)  the Texas Health Care Information Council; or
               (10)  the Interagency Council on Early Childhood
  Intervention.
         (c)  In this code or in any other law and notwithstanding any
  other law, a reference to the Department of Protective and
  Regulatory Services in relation to a function transferred under
  Section 531.0201, 531.02011, or 531.02012, as applicable, from the
  Department of Family and Protective Services means the commission
  or the division of the commission performing the function
  previously performed by the Department of Family and Protective
  Services before the transfer.
         (d)  This section applies notwithstanding Section
  531.001(4).
         Sec. 531.0012.  REFERENCES IN LAW MEANING EXECUTIVE
  COMMISSIONER OR DESIGNEE. (a)  In this code or in any other law, a
  reference to any of the following persons in relation to a function
  transferred to the commission under Section 531.0201, 531.02011, or
  531.02012, as applicable, means the executive commissioner, the
  executive commissioner's designee, or the director of the division
  of the commission performing the function previously performed by
  the state agency from which it was transferred and that the person
  represented, as appropriate:
               (1)  the commissioner of aging and disability services;
               (2)  the commissioner of assistive and rehabilitative
  services;
               (3)  the commissioner of state health services; or
               (4)  the commissioner of the Department of Family and
  Protective Services.
         (b)  In this code or in any other law and notwithstanding any
  other law, a reference to any of the following persons or entities
  in relation to a function transferred to the commission under
  Section 531.0201, 531.02011, or 531.02012, as applicable, from the
  state agency that assumed or continued to perform the function in
  accordance with Chapter 198 (H.B. 2292), Acts of the 78th
  Legislature, Regular Session, 2003, means the executive
  commissioner or the director of the division of the commission
  performing the function performed before the enactment of Chapter
  198 (H.B. 2292) by the state agency that was abolished or renamed by
  Chapter 198 (H.B. 2292) and that the person or entity represented:
               (1)  an executive director or other chief
  administrative officer of a state agency listed in Section
  531.0011(b) or of the Department of Protective and Regulatory
  Services; or
               (2)  the governing body of a state agency listed in
  Section 531.0011(b) or of the Department of Protective and
  Regulatory Services.
         (c)  A reference to any of the following councils means the
  executive commissioner or the executive commissioner's designee,
  as appropriate, and a function of any of the following councils is a
  function of that appropriate person:
               (1)  the Health and Human Services Council;
               (2)  the Aging and Disability Services Council;
               (3)  the Assistive and Rehabilitative Services
  Council;
               (4)  the Family and Protective Services Council; or
               (5)  the State Health Services Council.
         SECTION 1.03.  (a)  Subchapter A, Chapter 531, Government
  Code, is amended by adding Section 531.0051 to read as follows:
         Sec. 531.0051.  HEALTH AND HUMAN SERVICES COMMISSION
  EXECUTIVE COUNCIL. (a)  The Health and Human Services Commission
  Executive Council is established to receive public input and advise
  the executive commissioner regarding the operation of the
  commission.  The council shall seek and receive public comment on:
               (1)  proposed rules;
               (2)  recommendations of advisory committees;
               (3)  legislative appropriations requests or other
  documents related to the appropriations process;
               (4)  the operation of health and human services
  programs; and
               (5)  other items the executive commissioner determines
  appropriate.
         (b)  The council does not have authority to make
  administrative or policy decisions.
         (c)  The council is composed of:
               (1)  the executive commissioner;
               (2)  the director of each division established by the
  executive commissioner under Section 531.008(c);
               (3)  the commissioner of a health and human services
  agency; and
               (4)  other individuals appointed by the executive
  commissioner as the executive commissioner determines necessary.
         (c-1)  To the extent the executive commissioner appoints
  members to the council under Subsection (c)(4), the executive
  commissioner shall make every effort to ensure that those
  appointments result in a council membership that includes:
               (1)  a balanced representation of a broad range of
  health and human services industry and consumer interests; and
               (2)  representation from broad geographic regions of
  this state.
         (d)  The executive commissioner serves as the chair of the
  council and shall adopt rules for the operation of the council.
         (e)  Members of the council appointed under Subsection
  (c)(4):
               (1)  are subject to the restrictions applicable to
  service on the council provided by Section 531.006(a-1); and
               (2)  serve at the pleasure of the executive
  commissioner.
         (f)  The council shall meet at the call of the executive
  commissioner at least quarterly.  The executive commissioner may
  call additional meetings as the executive commissioner determines
  necessary.
         (g)  The council shall give public notice of the date, time,
  and place of each meeting held by the council.  A live video
  transmission of each meeting must be publicly available through the
  Internet.
         (h)  A majority of the members of the council constitute a
  quorum for the transaction of business.
         (i)  A council member appointed under Subsection (c)(4) may
  not receive compensation for service as a member of the council but
  is entitled to reimbursement for travel expenses incurred by the
  member while conducting the business of the council as provided by
  the General Appropriations Act.
         (j)  The executive commissioner shall develop and implement
  policies that provide the public with a reasonable opportunity to
  appear before the council which may include holding meetings in
  various geographic areas across this state, or through allowing
  public comment at teleconferencing centers in various geographic
  areas across this state and to speak on any issue under the
  jurisdiction of the commission.
         (k)  A meeting of individual members of the council that
  occurs in the ordinary course of commission operation is not a
  meeting of the council, and the requirements of Subsection (g) do
  not apply.
         (l)  This section does not limit the authority of the
  executive commissioner to establish additional advisory committees
  or councils.
         (m)  Chapters 551 and 2110 do not apply to the council.
         (b)  As soon as possible after the executive commissioner of
  the Health and Human Services Commission appoints division
  directors in accordance with Section 531.00561, Government Code, as
  added by this article, the Health and Human Services Commission
  Executive Council established under Section 531.0051, Government
  Code, as added by this article, shall begin operation.
         SECTION 1.04.  The heading to Section 531.0055, Government
  Code, is amended to read as follows:
         Sec. 531.0055.  EXECUTIVE COMMISSIONER: GENERAL
  RESPONSIBILITY FOR HEALTH AND HUMAN SERVICES SYSTEM [AGENCIES].
         SECTION 1.05.  Section 531.0055, Government Code, is amended
  by amending Subsection (b), as amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, and amending Subsections (d),
  (e), (f), (g), (h), (k), and (l) to read as follows:
         (b)  The commission shall:
               (1)  supervise the administration and operation of
  Medicaid, including the administration and operation of the
  Medicaid managed care system in accordance with Section 531.021;
               (2)  perform information systems planning and
  management for the health and human services system [agencies]
  under Section 531.0273, with:
                     (A)  the provision of information technology
  services for the [at] health and human services system [agencies]
  considered to be a centralized administrative support service
  either performed by commission personnel or performed under a
  contract with the commission; and
                     (B)  an emphasis on research and implementation on
  a demonstration or pilot basis of appropriate and efficient uses of
  new and existing technology to improve the operation of the health
  and human services system [agencies] and delivery of health and
  human services;
               (3)  monitor and ensure the effective use of all
  federal funds received for the [by a] health and human services
  system [agency] in accordance with Section 531.028 and the General
  Appropriations Act;
               (4)  implement Texas Integrated Enrollment Services as
  required by Subchapter F, except that notwithstanding Subchapter F,
  determining eligibility for benefits under the following programs
  is the responsibility of and must be centralized by the commission:
                     (A)  the child health plan program;
                     (B)  the financial assistance program under
  Chapter 31, Human Resources Code;
                     (C)  Medicaid;
                     (D)  the supplemental nutrition assistance
  program under Chapter 33, Human Resources Code;
                     (E)  long-term care services, as defined by
  Section 22.0011, Human Resources Code;
                     (F)  community-based support services identified
  or provided in accordance with Section 531.02481; and
                     (G)  other health and human services programs, as
  appropriate; and
               (5)  implement programs intended to prevent family
  violence and provide services to victims of family violence.
         (d)  After implementation of the commission's duties under
  Subsections (b) and (c), the commission shall implement the powers
  and duties given to the commission under Section 531.0248. Nothing
  in the priorities established by this section is intended to limit
  the authority of the commission to work simultaneously to achieve
  the multiple tasks assigned to the commission in this section, when
  such an approach is beneficial in the judgment of the commission.
  The commission shall plan and implement an efficient and effective
  centralized system of administrative support services for the
  health and human services system in accordance with Section
  531.00553 [agencies]. [The performance of administrative support
  services for health and human services agencies is the
  responsibility of the commission. The term "administrative support
  services" includes, but is not limited to, strategic planning and
  evaluation, audit, legal, human resources, information resources,
  purchasing, contract management, financial management, and
  accounting services.]
         (e)  Notwithstanding any other law, the executive
  commissioner shall adopt rules and policies for the operation of
  and provision of health and human services by the health and human
  services system [agencies]. In addition, the executive
  commissioner, as necessary to perform the functions described by
  Subsections (b), (c), and (d) and Section 531.00553 in
  implementation of applicable policies established for a health and
  human services system [an] agency or division, as applicable, by
  the executive commissioner, shall:
               (1)  manage and direct the operations of each [health
  and human services] agency or division, as applicable;
               (2)  supervise and direct the activities of each agency
  or division director, as applicable; and
               (3)  be responsible for the administrative supervision
  of the internal audit program for the [all] health and human
  services system agencies, including:
                     (A)  selecting the director of internal audit;
                     (B)  ensuring that the director of internal audit
  reports directly to the executive commissioner; and
                     (C)  ensuring the independence of the internal
  audit function.
         (f)  The operational authority and responsibility of the
  executive commissioner for purposes of Subsection (e) for [at] each
  health and human services system agency or division, as applicable, 
  includes authority over and responsibility for the:
               (1)  management of the daily operations of the agency
  or division, including the organization and management of the
  agency or division and its [agency] operating procedures;
               (2)  allocation of resources within the agency or
  division, including use of federal funds received by the agency or
  division;
               (3)  personnel and employment policies;
               (4)  contracting, purchasing, and related policies,
  subject to this chapter and other laws relating to contracting and
  purchasing by a state agency;
               (5)  information resources systems used by the agency
  or division;
               (6)  location of [agency] facilities; and
               (7)  coordination of agency or division activities with
  activities of other components of the health and human services
  system and state agencies[, including other health and human
  services agencies].
         (g)  Notwithstanding any other law, the operational
  authority and responsibility of the executive commissioner for
  purposes of Subsection (e) for [at] each health and human services
  system agency or division, as applicable, includes the authority
  and responsibility to adopt or approve, subject to applicable
  limitations, any rate of payment or similar provision required by
  law to be adopted or approved by a health and human services system 
  [the] agency.
         (h)  For each health and human services system agency and
  division, as applicable, the executive commissioner shall
  implement a program to evaluate and supervise [the] daily
  operations [of the agency]. The program must include measurable
  performance objectives for each agency or division director and
  adequate reporting requirements to permit the executive
  commissioner to perform the duties assigned to the executive
  commissioner under this section.
         (k)  The executive commissioner and each agency director
  shall enter into a memorandum of understanding in the manner
  prescribed by Section 531.0163 that:
               (1)  clearly defines the responsibilities of the agency
  director and the executive commissioner, including:
                     (A)  the responsibility of the agency director to
  report to the governor and to report to and implement policies of
  the executive commissioner; and
                     (B)  the extent to which the agency director acts
  as a liaison between the agency and the commission;
               (2)  establishes the program of evaluation and
  supervision of daily operations required by Subsection (h); [and]
               (3)  describes each delegation of a power or duty made
  to an agency director; and
               (4)  ensures that the commission and each health and
  human services agency has access to databases or other information
  maintained or kept by each other agency that is necessary for the
  operation of a function performed by the commission or the health
  and human services agency, to the extent not prohibited by other law 
  [under Subsection (i) or other law].
         (l)  Notwithstanding any other law, the executive
  commissioner has the authority to adopt policies and rules
  governing the delivery of services to persons who are served by the
  [each] health and human services system [agency] and the rights and
  duties of persons who are served or regulated by the system [each
  agency].
         SECTION 1.06.  Subchapter A, Chapter 531, Government Code,
  is amended by adding Section 531.00553 to read as follows:
         Sec. 531.00553.  ADMINISTRATIVE SUPPORT SERVICES. (a)  In
  this section, the term "administrative support services" includes
  strategic planning and evaluation, audit, legal, human resources,
  information resources, purchasing, contracting, financial
  management, and accounting services.
         (b)  Subject to Subsection (c), the executive commissioner
  shall plan and implement an efficient and effective centralized
  system of administrative support services for the health and human
  services system. The performance of administrative support
  services for the health and human services system is the
  responsibility of the commission.
         (c)  The executive commissioner shall plan and implement the
  centralized system of administrative support services in
  accordance with the following principles and requirements:
               (1)  the executive commissioner shall consult with the
  commissioner of each agency and with the director of each division
  within the health and human services system to ensure the
  commission is responsive to and addresses agency or division needs;
               (2)  consolidation of staff providing the support
  services must be done in a manner that ensures each agency or
  division within the health and human services system that loses
  staff as a result of the centralization of support services has
  adequate resources to carry out functions of the agency or
  division, as appropriate; and
               (3)  the commission and each agency or division within
  the health and human services system shall, as appropriate, enter
  into a memorandum of understanding or other written agreement for
  the purpose of ensuring accountability for the provision of
  administrative services by clearly detailing:
                     (A)  the responsibilities of each agency or
  division and the commission;
                     (B)  the points of contact for each agency or
  division and the commission;
                     (C)  the transfer of personnel among each agency
  or division and the commission;
                     (D)  the budgetary effect the agreement has on
  each agency or division and the commission; and
                     (E)  any other item determined by the executive
  commissioner to be critical for maintaining accountability.
         (d)  The memorandum of understanding or other agreement
  required under Subsection (c), if appropriate, may be combined with
  the memorandum of understanding required under Section
  531.0055(k).
         SECTION 1.07.  Section 531.0056, Government Code, is amended
  by adding Subsection (g) to read as follows:
         (g)  The requirements of this section apply with respect to a
  state agency listed in Section 531.001(4) only until the agency is
  abolished under Section 531.0202.
         SECTION 1.08.  (a)  Subchapter A, Chapter 531, Government
  Code, is amended by adding Sections 531.00561 and 531.00562 to read
  as follows:
         Sec. 531.00561.  APPOINTMENT AND QUALIFICATIONS OF DIVISION
  DIRECTORS. (a)  The executive commissioner shall appoint a
  director for each division established within the commission under
  Section 531.008, except that the director of the office of
  inspector general is appointed in accordance with Section
  531.102(a-1).
         (b)  The executive commissioner shall:
               (1)  develop clear qualifications for the director of
  each division appointed under this section that ensure that an
  individual appointed director has:
                     (A)  demonstrated experience in fields relevant
  to the director position; and
                     (B)  executive-level administrative and
  leadership experience; and
               (2)  ensure the qualifications developed under
  Subdivision (1) are publicly available.
         Sec. 531.00562.  DIVISION DIRECTOR DUTIES.  (a)  The
  executive commissioner shall clearly define the duties and
  responsibilities of a division director and develop clear policies
  for the delegation of specific decision-making authority,
  including budget authority, to division directors.
         (b)  The delegation of decision-making authority should be
  significant enough to ensure the efficient administration of the
  commission's programs and services.
         (b)  The executive commissioner of the Health and Human
  Services Commission shall implement Sections 531.00561 and
  531.00562, Government Code, as added by this article, on the date
  specified in the transition plan required under Section 531.0204,
  Government Code, as added by this article.
         SECTION 1.09.  (a)  Section 531.008, Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 531.008.  DIVISIONS OF COMMISSION. (a)  The [Subject
  to Subsection (c), the] executive commissioner shall [may]
  establish divisions within the commission along functional lines as
  necessary for effective administration and for the discharge of the
  commission's functions.
         (b)  The [Subject to Subsection (c), the] executive
  commissioner may allocate and reallocate functions among the
  commission's divisions.
         (c)  Notwithstanding Subsections (a) and (b), the [The]
  executive commissioner shall establish the following divisions and
  offices within the commission:
               (1)  a medical and social services division [the
  eligibility services division to make eligibility determinations
  for services provided through the commission or a health and human
  services agency related to:
                     [(A)  the child health plan program;
                     [(B)     the financial assistance program under
  Chapter 31, Human Resources Code;
                     [(C)  Medicaid;
                     [(D)     the supplemental nutrition assistance
  program under Chapter 33, Human Resources Code;
                     [(E)     long-term care services, as defined by
  Section 22.0011, Human Resources Code;
                     [(F)     community-based support services identified
  or provided in accordance with Section 531.02481; and
                     [(G)     other health and human services programs, as
  appropriate];
               (2)  the office of inspector general to perform fraud
  and abuse investigation and enforcement functions as provided by
  Subchapter C and other law;
               (3)  a regulatory division [the office of the ombudsman
  to:
                     [(A)     provide dispute resolution services for the
  commission and the health and human services agencies; and
                     [(B)     perform consumer protection functions
  related to health and human services];
               (4)  an administrative division [a purchasing division
  as provided by Section 531.017]; and
               (5)  a facilities division for the purpose of
  administering state facilities, including state hospitals and
  state supported living centers [an internal audit division to
  conduct a program of internal auditing in accordance with Chapter
  2102].
         (d)  Subsection (c) does not prohibit the executive
  commissioner from establishing additional divisions under
  Subsection (a) as the executive commissioner determines
  appropriate.  This subsection and Subsection (c) expire September
  1, 2023.
         (b)  The executive commissioner of the Health and Human
  Services Commission shall establish divisions within the
  commission as required under Section 531.008, Government Code, as
  amended by this article, on the date specified in the transition
  plan required under Section 531.0204, Government Code, as added by
  this article.
         SECTION 1.10.  (a)  Subchapter A, Chapter 531, Government
  Code, is amended by adding Section 531.0083 to read as follows:
         Sec. 531.0083.  OFFICE OF POLICY AND PERFORMANCE. (a)  In
  this section, "office" means the office of policy and performance
  established by this section.
         (b)  The executive commissioner shall establish the office
  of policy and performance as an executive-level office designed to
  coordinate policy and performance efforts across the health and
  human services system.  To coordinate those efforts, the office
  shall:
               (1)  develop a performance management system;
               (2)  take the lead in supporting and providing
  oversight for the implementation of major policy changes and in
  managing organizational changes; and
               (3)  act as a centralized body of experts within the
  commission that offers program evaluation and process improvement
  expertise.
         (c)  In developing a performance management system under
  Subsection (b)(1), the office shall:
               (1)  gather, measure, and evaluate performance
  measures and accountability systems used by the health and human
  services system;
               (2)  develop new and refined performance measures as
  appropriate; and
               (3)  establish targeted, high-level system metrics
  that are capable of measuring and communicating overall performance
  and achievement of goals by the health and human services system to
  both internal and public audiences through various mechanisms,
  including the Internet.
         (d)  In providing support and oversight for the
  implementation of policy or organizational changes within the
  health and human services system under Subsection (b)(2), the
  office shall:
               (1)  ensure individuals receiving services from or
  participating in programs administered through the health and human
  services system do not lose visibility or attention during the
  implementation of any new policy or organizational change by:
                     (A)  establishing timelines and milestones for
  any transition;
                     (B)  supporting staff of the health and human
  services system in any change between service delivery methods; and
                     (C)  providing feedback to executive management
  on technical assistance and other support needed to achieve a
  successful transition;
               (2)  address cultural differences among staff of the
  health and human services system; and
               (3)  track and oversee changes in policy or
  organization mandated by legislation or administrative rule.
         (e)  In acting as a centralized body of experts under
  Subsection (b)(3), the office shall:
               (1)  for the health and human services system, provide
  program evaluation and process improvement guidance both generally
  and for specific projects identified with executive or stakeholder
  input or through risk analysis; and
               (2)  identify and monitor cross-functional efforts
  involving different administrative components within the health
  and human services system and the establishment of cross-functional
  teams when necessary to improve the coordination of services
  provided through the system.
         (f)  The executive commissioner may otherwise develop the
  office's structure and duties as the executive commissioner
  determines appropriate.
         (b)  As soon as practicable after the effective date of this
  article but not later than October 1, 2015, the executive
  commissioner of the Health and Human Services Commission shall
  establish the office of policy and performance as an executive
  office within the commission as required under Section 531.0083,
  Government Code, as added by this article.
         (c)  The office of policy and performance required under
  Section 531.0083, Government Code, as added by this article, shall
  assist the Health and Human Services Transition Legislative
  Oversight Committee created under Section 531.0203, Government
  Code, as added by this article, by performing the functions
  required of the office under Section 531.0083(b)(2), Government
  Code, as added by this article, with respect to the consolidation
  mandated by Subchapter A-1, Chapter 531, Government Code, as added
  by this article.
         SECTION 1.11.  Section 531.017, Government Code, is amended
  to read as follows:
         Sec. 531.017.  PURCHASING UNIT [DIVISION]. (a)  The
  commission shall establish a purchasing unit [division] for the
  management of administrative activities related to the purchasing
  functions within [of the commission and] the health and human
  services system [agencies].
         (b)  The purchasing unit [division] shall:
               (1)  seek to achieve targeted cost reductions, increase
  process efficiencies, improve technological support and customer
  services, and enhance purchasing support within the [for each]
  health and human services system [agency]; and
               (2)  if cost-effective, contract with private entities
  to perform purchasing functions for the [commission and the] health
  and human services system [agencies].
         SECTION 1.12.  Chapter 265, Family Code, is amended by
  designating Sections 265.001 through 265.004 as Subchapter A and
  adding a subchapter heading to read as follows:
  SUBCHAPTER A. PREVENTION AND EARLY INTERVENTION SERVICES
         SECTION 1.13.  Section 265.002, Family Code, is amended to
  read as follows:
         Sec. 265.002.  PREVENTION AND EARLY INTERVENTION SERVICES
  DIVISION. (a)  The department shall operate a division to provide
  services for children in at-risk situations and for the families of
  those children and to achieve the consolidation of prevention and
  early intervention services within the jurisdiction of a single
  agency in order to avoid fragmentation and duplication of services
  and to increase the accountability for the delivery and
  administration of these services. The division shall be called the
  prevention and early intervention services division and shall have
  the following duties:
               (1)  to plan, develop, and administer a comprehensive
  and unified delivery system of prevention and early intervention
  services to children and their families in at-risk situations;
               (2)  to improve the responsiveness of services for
  at-risk children and their families by facilitating greater
  coordination and flexibility in the use of funds by state and local
  service providers;
               (3)  to provide greater accountability for prevention
  and early intervention services in order to demonstrate the impact
  or public benefit of a program by adopting outcome measures; and
               (4)  to assist local communities in the coordination
  and development of prevention and early intervention services in
  order to maximize federal, state, and local resources.
         (b)  The department's prevention and early intervention
  services division must be organizationally separate from the
  department's divisions performing child protective services and
  adult protective services functions.
         SECTION 1.14.  Subchapter A, Chapter 265, Family Code, as
  added by this article, is amended by adding Section 265.006 to read
  as follows:
         Sec. 265.006.  PROHIBITION ON USE OF AGENCY NAME OR LOGO.
  The department may not allow the use of the department's name or
  identifying logo or insignia on forms or other materials related to
  the department's prevention and early intervention services that
  are:
               (1)  provided by the department's contractors; or
               (2)  distributed by the department's contractors to the
  department's clients.
         SECTION 1.15. (a)  Subchapter Q, Chapter 531, Government
  Code, including provisions amended by S.B. No. 219, Acts of the 84th
  Legislature, Regular Session, 2015, is transferred to Chapter 265,
  Family Code, redesignated as Subchapter C, Chapter 265, Family
  Code, and amended to read as follows:
  SUBCHAPTER C [Q]. NURSE-FAMILY PARTNERSHIP COMPETITIVE
  GRANT PROGRAM
         Sec. 265.101 [531.651].  DEFINITIONS. In this subchapter:
               (1)  "Competitive grant program" means the
  nurse-family partnership competitive grant program established
  under this subchapter.
               (2)  "Partnership program" means a nurse-family
  partnership program.
         Sec. 265.102 [531.652].  OPERATION OF NURSE-FAMILY
  PARTNERSHIP COMPETITIVE GRANT PROGRAM. (a)  The department
  [commission] shall operate a nurse-family partnership competitive
  grant program through which the department [commission] will award
  grants for the implementation of nurse-family partnership
  programs, or the expansion of existing programs, and for the
  operation of those programs for a period of not less than two years.
         (b)  The department [commission] shall award grants under
  the program to applicants, including applicants operating existing
  programs, in a manner that ensures that the partnership programs
  collectively:
               (1)  operate in multiple communities that are
  geographically distributed throughout this state; and
               (2)  provide program services to approximately 2,000
  families.
         Sec. 265.103 [531.653].  PARTNERSHIP PROGRAM REQUIREMENTS.
  A partnership program funded through a grant awarded under this
  subchapter must:
               (1)  strictly adhere to the program model developed by
  the Nurse-Family Partnership National Service Office, including
  any clinical, programmatic, and data collection requirements of
  that model;
               (2)  require that registered nurses regularly visit the
  homes of low-income, first-time mothers participating in the
  program to provide services designed to:
                     (A)  improve pregnancy outcomes;
                     (B)  improve child health and development;
                     (C)  improve family economic self-sufficiency and
  stability; and
                     (D)  reduce the incidence of child abuse and
  neglect;
               (3)  require that nurses who provide services through
  the program:
                     (A)  receive training from the office of the
  attorney general at least once each year on procedures by which a
  person may voluntarily acknowledge the paternity of a child and on
  the availability of child support services from the office;
                     (B)  provide a mother with information about the
  rights, responsibilities, and benefits of establishing the
  paternity of her child, if appropriate;
                     (C)  provide assistance to a mother and the
  alleged father of her child if the mother and alleged father seek to
  voluntarily acknowledge paternity of the child, if appropriate; and
                     (D)  provide information to a mother about the
  availability of child support services from the office of the
  attorney general; and
               (4)  require that the regular nurse visits described by
  Subdivision (2) begin not later than a mother's 28th week of
  gestation and end when her child reaches two years of age.
         Sec. 265.104 [531.654].  APPLICATION. (a)  A public or
  private entity, including a county, municipality, or other
  political subdivision of this state, may apply for a grant under
  this subchapter.
         (b)  To apply for a grant, an applicant must submit a written
  application to the department [commission] on a form prescribed by
  the department [commission] in consultation with the Nurse-Family
  Partnership National Service Office.
         (c)  The application prescribed by the department
  [commission] must:
               (1)  require the applicant to provide data on the
  number of low-income, first-time mothers residing in the community
  in which the applicant proposes to operate or expand a partnership
  program and provide a description of existing services available to
  those mothers;
               (2)  describe the ongoing monitoring and evaluation
  process to which a grant recipient is subject under Section 265.109
  [531.659], including the recipient's obligation to collect and
  provide information requested by the department [commission] under
  Section 265.109(c) [531.659(c)]; and
               (3)  require the applicant to provide other relevant
  information as determined by the department [commission].
         Sec. 265.105 [531.655].  ADDITIONAL CONSIDERATIONS IN
  AWARDING GRANTS. In addition to the factors described by Sections
  265.102(b) [531.652(b)] and 265.103 [531.653], in determining
  whether to award a grant to an applicant under this subchapter, the
  department [commission] shall consider:
               (1)  the demonstrated need for a partnership program in
  the community in which the applicant proposes to operate or expand
  the program, which may be determined by considering:
                     (A)  the poverty rate, the crime rate, the number
  of births to Medicaid recipients, the rate of poor birth outcomes,
  and the incidence of child abuse and neglect during a prescribed
  period in the community; and
                     (B)  the need to enhance school readiness in the
  community;
               (2)  the applicant's ability to participate in ongoing
  monitoring and performance evaluations under Section 265.109
  [531.659], including the applicant's ability to collect and provide
  information requested by the department [commission] under Section
  265.109(c) [531.659(c)];
               (3)  the applicant's ability to adhere to the
  partnership program standards adopted under Section 265.106
  [531.656];
               (4)  the applicant's ability to develop broad-based
  community support for implementing or expanding a partnership
  program, as applicable; and
               (5)  the applicant's history of developing and
  sustaining innovative, high-quality programs that meet the needs of
  families and communities.
         Sec. 265.106 [531.656].  PARTNERSHIP PROGRAM STANDARDS.
  The executive commissioner, with the assistance of the Nurse-Family
  Partnership National Service Office, shall adopt standards for the
  partnership programs funded under this subchapter.  The standards
  must adhere to the Nurse-Family Partnership National Service Office
  program model standards and guidelines that were developed in
  multiple, randomized clinical trials and have been tested and
  replicated in multiple communities.
         Sec. 265.107 [531.657].  USE OF AWARDED GRANT FUNDS. The
  grant funds awarded under this subchapter may be used only to cover
  costs related to implementing or expanding and operating a
  partnership program, including costs related to:
               (1)  administering the program;
               (2)  training and managing registered nurses who
  participate in the program;
               (3)  paying the salaries and expenses of registered
  nurses who participate in the program;
               (4)  paying for facilities and equipment for the
  program; and
               (5)  paying for services provided by the Nurse-Family
  Partnership National Service Office to ensure a grant recipient
  adheres to the organization's program model.
         Sec. 265.108 [531.658].  STATE NURSE CONSULTANT. Using
  money appropriated for the competitive grant program, the
  department [commission] shall hire or contract with a state nurse
  consultant to assist grant recipients with implementing or
  expanding and operating the partnership programs in the applicable
  communities.
         Sec. 265.109 [531.659].  PROGRAM MONITORING AND EVALUATION;
  ANNUAL COMMITTEE REPORTS. (a)  The department [commission], with
  the assistance of the Nurse-Family Partnership National Service
  Office, shall:
               (1)  adopt performance indicators that are designed to
  measure a grant recipient's performance with respect to the
  partnership program standards adopted by the executive
  commissioner under Section 265.106 [531.656];
               (2)  use the performance indicators to continuously
  monitor and formally evaluate on an annual basis the performance of
  each grant recipient; and
               (3)  prepare and submit an annual report, not later
  than December 1 of each year, to the Senate Health and Human
  Services Committee, or its successor, and the House Human Services
  Committee, or its successor, regarding the performance of each
  grant recipient during the preceding state fiscal year with respect
  to providing partnership program services.
         (b)  The report required under Subsection (a)(3) must
  include:
               (1)  the number of low-income, first-time mothers to
  whom each grant recipient provided partnership program services
  and, of that number, the number of mothers who established the
  paternity of an alleged father as a result of services provided
  under the program;
               (2)  the extent to which each grant recipient made
  regular visits to mothers during the period described by Section
  265.103(4) [531.653(4)]; and
               (3)  the extent to which each grant recipient adhered
  to the Nurse-Family Partnership National Service Office's program
  model, including the extent to which registered nurses:
                     (A)  conducted home visitations comparable in
  frequency, duration, and content to those delivered in Nurse-Family
  Partnership National Service Office clinical trials; and
                     (B)  assessed the health and well-being of mothers
  and children participating in the partnership programs in
  accordance with indicators of maternal, child, and family health
  defined by the department [commission] in consultation with the
  Nurse-Family Partnership National Service Office.
         (c)  On request, each grant recipient shall timely collect
  and provide data and any other information required by the
  department [commission] to monitor and evaluate the recipient or to
  prepare the report required by this section.
         Sec. 265.110 [531.660].  COMPETITIVE GRANT PROGRAM FUNDING.
  (a)  The department [commission] shall actively seek and apply for
  any available federal funds, including federal Medicaid and
  Temporary Assistance for Needy Families (TANF) funds, to assist in
  financing the competitive grant program established under this
  subchapter.
         (b)  The department [commission] may use appropriated funds
  from the state government and may accept gifts, donations, and
  grants of money from the federal government, local governments,
  private corporations, or other persons to assist in financing the
  competitive grant program.
         (b)  Notwithstanding the transfer of Subchapter Q, Chapter
  531, Government Code, to Chapter 265, Family Code, and
  redesignation as Subchapter C of that chapter, the Health and Human
  Services Commission shall continue to administer the Nurse-Family
  Partnership Competitive Grant Program under that subchapter until
  the date the program transfers to the Department of Family and
  Protective Services in accordance with Section 531.0201,
  Government Code, as added by this article, and the transition plan
  under Section 531.0204, Government Code, as added by this article.
         SECTION 1.16.  Effective September 1, 2017, Section
  1001.002, Health and Safety Code, is amended to read as follows:
         Sec. 1001.002.  AGENCY AND AGENCY FUNCTIONS. (a)  In this
  section, "function" includes a power, duty, program, or activity
  and an administrative support services function associated with the
  power, duty, program, or activity, unless consolidated under
  Section 531.02012, Government Code.
         (b)  The department is an agency of the state.
         (c)  In accordance with Subchapter A-1, Chapter 531,
  Government Code, and notwithstanding any other law, the department
  performs only functions related to public health, including health
  care data collection and maintenance of the Texas Health Care
  Information Collection program.
         SECTION 1.17.  Effective September 1, 2017, Subchapter A,
  Chapter 1001, Health and Safety Code, is amended by adding Sections
  1001.004 and 1001.005 to read as follows:
         Sec. 1001.004.  REFERENCES IN LAW MEANING DEPARTMENT. In
  this code or any other law, a reference to the department in
  relation to a function described by Section 1001.002(c) means the
  department. A reference in law to the department in relation to any
  other function has the meaning assigned by Section 531.0011,
  Government Code.
         Sec. 1001.005.  REFERENCES IN LAW MEANING COMMISSIONER OR
  DESIGNEE. In this code or in any other law, a reference to the
  commissioner in relation to a function described by Section
  1001.002(c) means the commissioner. A reference in law to the
  commissioner in relation to any other function has the meaning
  assigned by Section 531.0012, Government Code.
         SECTION 1.18.  Effective September 1, 2017, Section
  40.002(b), Human Resources Code, as amended by S.B. 219, Acts of the
  84th Legislature, Regular Session, 2015, is amended to read as
  follows:
         (b)  Except as provided by Section 40.0025 [Notwithstanding
  any other law], the department shall:
               (1)  provide protective services for children and
  elderly persons and persons with disabilities, including
  investigations of alleged abuse, neglect, or exploitation in
  facilities of the Department of State Health Services and the
  Department of Aging and Disability Services or the successor agency
  for either of those agencies;
               (2)  provide family support and family preservation
  services that respect the fundamental right of parents to control
  the education and upbringing of their children;
               (3)  license, register, and enforce regulations
  applicable to child-care facilities, child-care administrators,
  and child-placing agency administrators; and
               (4)  implement and manage programs intended to provide
  early intervention or prevent at-risk behaviors that lead to child
  abuse, delinquency, running away, truancy, and dropping out of
  school.
         SECTION 1.19.  Effective September 1, 2017, Subchapter A,
  Chapter 40, Human Resources Code, is amended by adding Sections
  40.0025, 40.0026, and 40.0027 to read as follows:
         Sec. 40.0025.  AGENCY FUNCTIONS. (a)  In this section,
  "function" includes a power, duty, program, or activity and an
  administrative support services function associated with the
  power, duty, program, or activity, unless consolidated under
  Section 531.02012, Government Code.
         (b)  In accordance with Subchapter A-1, Chapter 531,
  Government Code, and notwithstanding any other law, the department
  performs only functions, including the statewide intake of reports
  and other information, related to the following services:
               (1)  child protective services, including services
  that are required by federal law to be provided by this state's
  child welfare agency;
               (2)  adult protective services, other than
  investigations of the alleged abuse, neglect, or exploitation of an
  elderly person or person with a disability:
                     (A)  in a facility operated, or in a facility or by
  a person licensed, certified, or registered, by a state agency; or
                     (B)  by a provider that has contracted to provide
  home and community-based services; and
               (3)  prevention and early intervention services
  functions, including:
                     (A)  prevention and early intervention services
  as defined under Section 265.001, Family Code; and
                     (B)  programs that:
                           (i)  provide parent education;
                           (ii)  promote healthier parent-child
  relationships; or
                           (iii)  prevent family violence.
         Sec. 40.0026.  REFERENCES IN LAW MEANING DEPARTMENT. In
  this code or any other law, a reference to the department in
  relation to a function described by Section 40.0025(b) means the
  department. A reference in law to the department in relation to any
  other function has the meaning assigned by Section 531.0011,
  Government Code.
         Sec. 40.0027.  REFERENCES IN LAW MEANING COMMISSIONER OR
  DESIGNEE. In this code or in any other law, a reference to the
  commissioner in relation to a function described by Section
  40.0025(b) means the commissioner. A reference in law to the
  commissioner in relation to any other function has the meaning
  assigned by Section 531.0012, Government Code.
         SECTION 1.20.  Sections 40.0515(d) and (e), Human Resources
  Code, are amended to read as follows:
         (d)  A performance review conducted under Subsection (b)(3)
  is considered a performance evaluation for purposes of Section
  40.032(c) of this code or Section 531.009(c), Government Code, as
  applicable.  The department shall ensure that disciplinary or other
  corrective action is taken against a supervisor or other managerial
  employee who is required to conduct a performance evaluation for
  adult protective services personnel under Section 40.032(c) of this
  code or Section 531.009(c), Government Code, as applicable, or a
  performance review under Subsection (b)(3) and who fails to
  complete that evaluation or review in a timely manner.
         (e)  The annual performance evaluation required under
  Section 40.032(c) of this code or Section 531.009(c), Government
  Code, as applicable, of the performance of a supervisor in the adult
  protective services division must:
               (1)  be performed by an appropriate program
  administrator; and
               (2)  include:
                     (A)  an evaluation of the supervisor with respect
  to the job performance standards applicable to the supervisor's
  assigned duties; and
                     (B)  an evaluation of the supervisor with respect
  to the compliance of employees supervised by the supervisor with
  the job performance standards applicable to those employees'
  assigned duties.
         SECTION 1.21.  (a)  The heading to Subchapter C, Chapter
  112, Human Resources Code, is amended to read as follows:
  SUBCHAPTER C.  [OFFICE FOR THE] PREVENTION OF DEVELOPMENTAL
  DISABILITIES
         (b)  Section 112.042, Human Resources Code, is amended by
  amending Subdivision (1) and adding Subdivisions (1-a) and (1-b) to
  read as follows:
               (1)  "Commission" means the Health and Human Services
  Commission.
               (1-a)  "Developmental disability" means a severe,
  chronic disability that:
                     (A)  is attributable to a mental or physical
  impairment or to a combination of a mental and physical impairment;
                     (B)  is manifested before a person reaches the age
  of 22;
                     (C)  is likely to continue indefinitely;
                     (D)  results in substantial functional
  limitations in three or more major life activities, including:
                           (i)  self-care;
                           (ii)  receptive and expressive language;
                           (iii)  learning;
                           (iv)  mobility;
                           (v)  self-direction;
                           (vi)  capacity for independent living; and
                           (vii)  economic sufficiency; and
                     (E)  reflects the person's needs for a combination
  and sequence of special interdisciplinary or generic care,
  treatment, or other lifelong or extended services that are
  individually planned and coordinated.
               (1-b)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
         (c)  Subchapter C, Chapter 112, Human Resources Code, is
  amended by adding Sections 112.0421 and 112.0431 to read as
  follows:
         Sec. 112.0421.  APPLICABILITY AND EXPIRATION OF CERTAIN
  PROVISIONS. (a)  Sections 112.041(a), 112.043, 112.045, 112.0451,
  112.0452, 112.0453, 112.0454, 112.046, 112.047, 112.0471, and
  112.0472 apply only until the date the executive commissioner
  begins to administer this subchapter and the commission assumes the
  duties and functions of the Office for the Prevention of
  Developmental Disabilities in accordance with Section 112.0431.
         (b)  On the date the provisions listed in Subsection (a)
  cease to apply, the executive committee under Section 112.045 and
  the board of advisors under Section 112.046 are abolished.
         (c)  This section and Sections 112.041(a), 112.043, 112.045,
  112.0451, 112.0452, 112.0453, 112.0454, 112.046, 112.047,
  112.0471, and 112.0472 expire on the last day of the period
  prescribed by Section 531.02001(2), Government Code.
         Sec. 112.0431.  ADMINISTRATION OF SUBCHAPTER; CERTAIN
  REFERENCES.  (a)  Notwithstanding any other provision in this
  subchapter, the executive commissioner shall administer this
  subchapter beginning on the date specified in the transition plan
  under Section 531.0204, Government Code, and the commission shall
  perform the duties and functions of the Office for the Prevention of
  Developmental Disabilities in the organizational form the
  executive commissioner determines appropriate.
         (b)  Following the assumption of the administration of this
  subchapter by the executive commissioner and the duties and
  functions by the commission in accordance with Subsection (a):
               (1)  a reference in this subchapter to the office, the
  Office for the Prevention of Developmental Disabilities, or the
  executive committee of that office means the commission, the
  division or other organizational unit within the commission
  designated by the executive commissioner, or the executive
  commissioner, as appropriate; and
               (2)  a reference in any other law to the Office for the
  Prevention of Developmental Disabilities has the meaning assigned
  by Subdivision (1).
         (d)  Section 112.044, Human Resources Code, is amended to
  read as follows:
         Sec. 112.044.  DUTIES. The office shall:
               (1)  educate the public and attempt to promote sound
  public policy regarding the prevention of developmental
  disabilities;
               (2)  identify, collect, and disseminate information
  and data concerning the causes, frequency of occurrence, and
  preventability of developmental disabilities;
               (3)  work with appropriate divisions within the
  commission, state agencies, and other entities to develop a
  coordinated long-range plan to effectively monitor and reduce the
  incidence or severity of developmental disabilities;
               (4)  promote and facilitate the identification,
  development, coordination, and delivery of needed prevention
  services;
               (5)  solicit, receive, and spend grants and donations
  from public, private, state, and federal sources;
               (6)  identify and encourage establishment of needed
  reporting systems to track the causes and frequencies of occurrence
  of developmental disabilities;
               (7)  develop, operate, and monitor programs created
  under Section 112.048 addressing [task forces to address] the
  prevention of specific targeted developmental disabilities;
               (8)  monitor and assess the effectiveness of divisions
  within the commission and of state agencies in preventing [to
  prevent] developmental disabilities;
               (9)  recommend the role each division within the
  commission and each state agency should have with regard to
  prevention of developmental disabilities;
               (10)  facilitate coordination of state agency
  prevention services and activities within the commission and among
  appropriate state agencies; and
               (11)  encourage cooperative, comprehensive, and
  complementary planning among public, private, and volunteer
  individuals and organizations engaged in prevention activities,
  providing prevention services, or conducting related research.
         (e)  Sections 112.048 and 112.049, Human Resources Code, are
  amended to read as follows:
         Sec. 112.048.  PREVENTION PROGRAMS FOR TARGETED
  DEVELOPMENTAL DISABILITIES [TASK FORCES]. (a)  The executive
  committee shall establish guidelines for:
               (1)  selecting targeted disabilities;
               (2)  assessing prevention services needs; and
               (3)  reviewing [task force] plans, budgets, and
  operations for programs under this section.
         (b)  The executive committee shall [create task forces made
  up of members of the board of advisors to] plan and implement
  prevention programs for specifically targeted developmental
  disabilities. [A task force operates as an administrative division
  of the office and can be abolished when it is ineffective or is no
  longer needed.]
         (c)  A program under this section [task force shall]:
               (1)  must include [develop] a plan designed to reduce
  the incidence of a specifically targeted disability;
               (2)  must include [prepare] a budget for implementing a
  plan;
               (3)  must be funded [arrange for funds] through:
                     (A)  contracts for services from participating
  agencies;
                     (B)  grants and gifts from private persons and
  consumer and advocacy organizations; and
                     (C)  foundation support; and
               (4)  must be approved by [submit the plan, budget, and
  evidence of funding commitments to] the executive committee [for
  approval].
         [(d)     A task force shall regularly report to the executive
  committee, as required by the committee, the operation, progress,
  and results of the task force's prevention plan.]
         Sec. 112.049.  EVALUATION. (a)  The office shall identify
  or encourage the establishment of needed statistical bases for each
  targeted group against which the office can measure how effectively
  a [task force] program under Section 112.048 is reducing the
  frequency or severity of a targeted developmental disability.
         (b)  The executive committee shall regularly monitor and
  evaluate the results of [task force prevention] programs under
  Section 112.048.
         (f)  The heading to Section 112.050, Human Resources Code, is
  amended to read as follows:
         Sec. 112.050.  GRANTS AND OTHER FUNDING.
         (g)  Section 112.050, Human Resources Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  The executive committee may not submit a legislative
  appropriation request for general revenue funds for purposes of
  this subchapter.
         (d)  In addition to funding under Subsection (a), the office
  may accept and solicit gifts, donations, and grants of money from
  public and private sources, including the federal government, local
  governments, and private entities, to assist in financing the
  duties and functions of the office.  The commission shall support
  office fund-raising efforts authorized by this subsection.  Funds
  raised under this subsection may only be spent in furtherance of a
  duty or function of the office or in accordance with rules
  applicable to the office.
         (h)  Section 112.051, Human Resources Code, is amended to
  read as follows:
         Sec. 112.051.  REPORTS TO LEGISLATURE. The office shall
  submit by February 1 of each odd-numbered year biennial reports to
  the legislature detailing findings of the office and the results of
  [task force prevention] programs under Section 112.048 and
  recommending improvements in the delivery of developmental
  disability prevention services.
         (i)  Notwithstanding the changes in law made by this section,
  the Office for the Prevention of Developmental Disabilities and any
  administrative entity of the Office for the Prevention of
  Developmental Disabilities shall continue to operate under the law
  as it existed before the effective date of this article, and that
  law is continued in effect for that purpose, until the executive
  commissioner of the Health and Human Services Commission begins
  administering Subchapter C, Chapter 112, Human Resources Code, as
  amended by this article, and the commission begins performing the
  duties and functions of the Office for the Prevention of
  Developmental Disabilities as required by Section 112.0431, Human
  Resources Code, as added by this article, on the date specified in
  the transition plan required under Section 531.0204, Government
  Code, as added by this article.
         (j)  The executive commissioner of the Health and Human
  Services Commission shall begin administering Subchapter C,
  Chapter 112, Human Resources Code, as amended by this article, and
  the commission shall begin performing the duties and functions of
  the Office for the Prevention of Developmental Disabilities as
  required by Section 112.0431, Human Resources Code, as added by
  this article, on the date specified in the transition plan required
  under Section 531.0204, Government Code, as added by this article.
         SECTION 1.22.  (a)  The heading to Chapter 114, Human
  Resources Code, is amended to read as follows:
  CHAPTER 114.  [TEXAS COUNCIL ON] AUTISM AND PERVASIVE DEVELOPMENTAL
  DISORDERS
         (b)  Section 114.002, Human Resources Code, is amended by
  adding Subdivisions (1-a) and (3) to read as follows:
               (1-a)  "Commission" means the Health and Human Services
  Commission.
               (3)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
         (c)  Chapter 114, Human Resources Code, is amended by adding
  Sections 114.0021 and 114.0031 to read as follows:
         Sec. 114.0021.  APPLICABILITY AND EXPIRATION OF CERTAIN
  PROVISIONS. (a)  Sections 114.001, 114.003, 114.004, 114.005,
  114.007(a), and 114.010(d) apply only until the date the executive
  commissioner begins to administer this chapter and the commission
  assumes the duties and functions of the Texas Council on Autism and
  Pervasive Developmental Disorders in accordance with Section
  114.0031.
         (b)  On the date the provisions listed in Subsection (a)
  cease to apply, the Texas Council on Autism and Pervasive
  Developmental Disorders is abolished.
         (c)  This section and Sections 114.001, 114.003, 114.004,
  114.005, 114.007(a), and 114.010(d) expire on the last day of the
  period prescribed by Section 531.02001(1), Government Code.
         Sec. 114.0031.  ADMINISTRATION OF CHAPTER; CERTAIN
  REFERENCES.  (a)  Notwithstanding any other provision in this
  chapter, the executive commissioner shall administer this chapter
  beginning on the date specified in the transition plan under
  Section 531.0204, Government Code, and the commission shall perform
  the duties and functions of the Texas Council on Autism and
  Pervasive Developmental Disorders in the organizational form the
  executive commissioner determines appropriate.
         (b)  Following the assumption of the administration of this
  chapter by the executive commissioner and the duties and functions
  by the commission in accordance with Subsection (a):
               (1)  a reference in this chapter to the council, the
  Texas Council on Autism and Pervasive Developmental Disorders, or
  an agency represented on the council means the commission, the
  division or other organizational unit within the commission
  designated by the executive commissioner, or the executive
  commissioner, as appropriate; and
               (2)  a reference in any other law to the Texas Council
  on Autism and Pervasive Developmental Disorders has the meaning
  assigned by Subdivision (1).
         (d)  Section 114.006(b), Human Resources Code, is amended to
  read as follows:
         (b)  The council shall make written recommendations on the
  implementation of this chapter. If the council considers a
  recommendation that will affect another state [an] agency [not
  represented on the council], the council shall seek the advice and
  assistance of the agency before taking action on the
  recommendation. On approval of the governing body of the agency,
  each agency affected by a council recommendation shall implement
  the recommendation. If an agency does not have sufficient funds to
  implement a recommendation, the agency shall request funds for that
  purpose in its next budget proposal.
         (e)  Sections 114.007(b) and (c), Human Resources Code, are
  amended to read as follows:
         (b)  The council with [the advice of the advisory task force
  and] input from people with autism and other pervasive
  developmental disorders, their families, and related advocacy
  organizations shall address contemporary issues affecting services
  available to persons with autism or other pervasive developmental
  disorders in this state, including:
               (1)  successful intervention and treatment strategies,
  including transitioning;
               (2)  personnel preparation and continuing education;
               (3)  referral, screening, and evaluation services;
               (4)  day care, respite care, or residential care
  services;
               (5)  vocational and adult training programs;
               (6)  public awareness strategies;
               (7)  contemporary research;
               (8)  early identification strategies;
               (9)  family counseling and case management; and
               (10)  recommendations for monitoring autism service
  programs.
         (c)  The council with [the advice of the advisory task force
  and] input from people with autism and other pervasive
  developmental disorders, their families, and related advocacy
  organizations shall advise the legislature on legislation that is
  needed to develop further and to maintain a statewide system of
  quality intervention and treatment services for all persons with
  autism or other pervasive developmental disorders.  The council may
  develop and recommend legislation to the legislature or comment on
  pending legislation that affects those persons.
         (f)  Section 114.008, Human Resources Code, is amended to
  read as follows:
         Sec. 114.008.  REPORT. (a)  [The agencies represented on
  the council and the public members shall report to the council any
  requirements identified by the agency or person to provide
  additional or improved services to persons with autism or other
  pervasive developmental disorders.]  Not later than November 1 of
  each even-numbered year, the council shall:
               (1)  prepare a report summarizing requirements the
  council identifies and recommendations for providing additional or
  improved services to persons with autism or other pervasive
  developmental disorders; and
               (2)  deliver the report to the executive commissioner
  [of the Health and Human Services Commission], the governor, the
  lieutenant governor, and the speaker of the house of
  representatives [a report summarizing the recommendations].
         (b)  The council shall develop a strategy for establishing
  new programs to meet the requirements identified through the
  council's review and assessment and from input from [the task
  force,] people with autism and related pervasive developmental
  disorders, their families, and related advocacy organizations.
         (g)  Section 114.013, Human Resources Code, is amended to
  read as follows:
         Sec. 114.013.  COORDINATION OF RESOURCES FOR INDIVIDUALS
  WITH AUTISM SPECTRUM DISORDERS [RESOURCE CENTER]. (a)  The
  commission [Health and Human Services Commission] shall [establish
  and administer an autism spectrum disorders resource center to]
  coordinate resources for individuals with autism and other
  pervasive developmental disorders and their families.  In
  coordinating those resources [establishing and administering the
  center], the commission [Health and Human Services Commission]
  shall consult with [the council and coordinate with] appropriate
  state agencies[, including each agency represented on the council].
         (b)  As part of coordinating resources under Subsection (a),
  the commission [The Health and Human Services Commission] shall
  [design the center to]:
               (1)  collect and distribute information and research
  regarding autism and other pervasive developmental disorders;
               (2)  conduct training and development activities for
  persons who may interact with an individual with autism or another
  pervasive developmental disorder in the course of their employment,
  including school, medical, or law enforcement personnel;
               (3)  coordinate with local entities that provide
  services to an individual with autism or another pervasive
  developmental disorder; and
               (4)  provide support for families affected by autism
  and other pervasive developmental disorders.
         (h)  Notwithstanding the changes in law made by this section,
  the Texas Council on Autism and Pervasive Developmental Disorders
  and any administrative entity of the Texas Council on Autism and
  Pervasive Developmental Disorders shall continue to operate under
  the law as it existed before the effective date of this article, and
  that law is continued in effect for that purpose, until the
  executive commissioner of the Health and Human Services Commission
  begins administering Chapter 114, Human Resources Code, as amended
  by this article, and the commission begins performing the duties
  and functions of the Texas Council on Autism and Pervasive
  Developmental Disorders as required by Section 114.0031, Human
  Resources Code, as added by this article, on the date specified in
  the transition plan required under Section 531.0204, Government
  Code, as added by this article.
         (i)  The executive commissioner of the Health and Human
  Services Commission shall begin administering Chapter 114, Human
  Resources Code, as amended by this article, and the commission
  shall begin performing the duties and functions of the Texas
  Council on Autism and Pervasive Developmental Disorders as required
  by Section 114.0031, Human Resources Code, as added by this
  article, on the date specified in the transition plan required
  under Section 531.0204, Government Code, as added by this article.
         SECTION 1.23.  (a)  Effective September 1, 2016, the
  following provisions of the Government Code, including provisions
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, are repealed:
               (1)  Section 531.0235; and
               (2)  Subchapter K, Chapter 531.
         (b)  Effective September 1, 2016, the following provisions
  of the Health and Safety Code are repealed:
               (1)  Section 1001.021;
               (2)  Section 1001.022;
               (3)  Section 1001.023;
               (4)  Section 1001.024;
               (5)  Section 1001.025;
               (6)  Section 1001.026; and
               (7)  Section 1001.027.
         (c)  Effective September 1, 2016, the following provisions
  of the Human Resources Code, including provisions added or amended
  by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015,
  are repealed:
               (1)  Section 40.021;
               (2)  Section 40.022;
               (3)  Section 40.0226;
               (4)  Section 40.024;
               (5)  Section 40.025;
               (6)  Section 40.026;
               (7)  Section 117.002;
               (8)  Section 117.021;
               (9)  Section 117.022;
               (10)  Section 117.023;
               (11)  Section 117.024;
               (12)  Section 117.025;
               (13)  Section 117.026;
               (14)  Section 117.027;
               (15)  Section 117.028;
               (16)  Section 117.029;
               (17)  Section 117.030;
               (18)  Section 117.032;
               (19)  Section 117.051;
               (20)  Section 117.052;
               (21)  Section 117.053;
               (22)  Section 117.054;
               (23)  Section 117.055;
               (24)  Section 117.056;
               (25)  Section 117.0711;
               (26)  Section 117.0712;
               (27)  Section 117.072;
               (28)  Section 161.021;
               (29)  Section 161.022;
               (30)  Section 161.023;
               (31)  Section 161.024;
               (32)  Section 161.025;
               (33)  Section 161.026;
               (34)  Section 161.027;
               (35)  Section 161.028;
               (36)  Section 161.029; and
               (37)  Section 161.030.
         (d)  Effective September 1, 2017, Section 531.0055(i),
  Government Code, is repealed.
         (e)  Effective September 1, 2017, the following provisions
  of the Human Resources Code, including provisions added or amended
  by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015,
  are repealed:
               (1)  Section 161.002;
               (2)  Section 161.032;
               (3)  Section 161.051;
               (4)  Section 161.052;
               (5)  Section 161.053;
               (6)  Section 161.054;
               (7)  Section 161.055;
               (8)  Section 161.056;
               (9)  Section 161.0711;
               (10)  Section 161.0712; and
               (11)  Section 161.072.
         (f)  Notwithstanding Subsections (a), (b), (c), (d), and (e)
  of this section, the implementation of a provision repealed by one
  of those subsections ceases on the date the responsible state
  agency or entity listed in Section 531.0202, Government Code, as
  added by this article, is abolished as provided by Subchapter A-1,
  Chapter 531, Government Code, as added by this article.
  ARTICLE 2.  HEALTH AND HUMAN SERVICES SYSTEM OPERATIONS
         SECTION 2.01.  Section 531.001, Government Code, is amended
  by adding Subdivision (3-a) to read as follows:
               (3-a)  "Health and human services system" means the
  system for providing or otherwise administering health and human
  services in this state by the commission, including through an
  office or division of the commission or through another entity
  under the administrative and operational control of the executive
  commissioner.
  SECTION 2.02.  Subchapter A, Chapter 531, Government Code,
  is amended by adding Section 531.00552 to read as follows:
         Sec. 531.00552.  CONSOLIDATED INTERNAL AUDIT PROGRAM.
  (a)  Notwithstanding Section 2102.005, the commission shall
  operate the internal audit program required under Chapter 2102 for
  the commission and each health and human services agency as a
  consolidated internal audit program.
         (b)  For purposes of this section, a reference in Chapter
  2102 to the administrator of a state agency with respect to a health
  and human services agency means the executive commissioner.
  SECTION 2.03.  Section 531.006, Government Code, as amended
  by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
  amended to read as follows:
         Sec. 531.006.  ELIGIBILITY FOR APPOINTMENT AS EXECUTIVE
  COMMISSIONER; EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas
  trade association" means a cooperative and voluntarily joined
  statewide association of business or professional competitors in
  this state designed to assist its members and its industry or
  profession in dealing with mutual business or professional problems
  and in promoting their common interest.
         (a-1)  A person may not be appointed [is not eligible for
  appointment] as executive commissioner, may not serve on the
  commission's executive council, and may not be a commission
  employee employed in a "bona fide executive, administrative, or
  professional capacity," as that phrase is used for purposes of
  establishing an exemption to the overtime provisions of the federal
  Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of health and
  human services; or
               (2)  the person's spouse is an [employee,] officer,
  manager, or paid consultant of a Texas trade association in the [a]
  field of health and human services [under the commission's
  jurisdiction].
         (b)  A person may not be appointed as executive commissioner
  or act as general counsel of the commission if the person [who] is
  required to register as a lobbyist under Chapter 305 because of the
  person's activities for compensation [in or] on behalf of a
  profession related to the operation of the commission [a field
  under the commission's jurisdiction may not serve as executive
  commissioner].
         (c)  A person may not be appointed [is not eligible for
  appointment] as executive commissioner if the person has a
  financial interest in a corporation, organization, or association
  under contract with:
               (1)  the commission or a health and human services
  agency [Department of State Health Services, if the contract
  involves mental health services];
               (2)  [the Department of Aging and Disability Services,
  if the contract involves intellectual and developmental disability
  services;
               [(3)]  a local mental health or intellectual and
  developmental disability authority; or
               (3) [(4)]  a community center.
         SECTION 2.04.  Section 531.0161, Government Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  The commission shall:
               (1)  coordinate the implementation of the policy
  developed under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 2.05.  (a)  Subchapter A, Chapter 531, Government
  Code, is amended by adding Section 531.0164 to read as follows:
         Sec. 531.0164.  HEALTH AND HUMAN SERVICES SYSTEM INTERNET
  WEBSITE COORDINATION. The commission shall establish a process to
  ensure Internet websites across the health and human services
  system are developed and maintained according to standard criteria
  for uniformity, efficiency, and technical capabilities.  Under the
  process, the commission shall:
               (1)  develop and maintain an inventory of all health
  and human services system Internet websites;
               (2)  on an ongoing basis, evaluate the inventory
  maintained under Subdivision (1) to:
                     (A)  determine whether any of the Internet
  websites should be consolidated to improve public access to those
  websites' content; and
                     (B)  ensure the Internet websites comply with the
  standard criteria; and
               (3)  if appropriate, consolidate the websites
  identified under Subdivision (2)(A).
         (b)  As soon as possible after the effective date of this
  article, the Health and Human Services Commission shall implement
  Section 531.0164, Government Code, as added by this article.
         (c)  As soon as possible after a function is transferred in
  accordance with Section 531.0201, 531.02011, or 531.02012,
  Government Code, as added by this Act, the Health and Human Services
  Commission shall, in accordance with Section 531.0164, Government
  Code, as added by this article, ensure that an Internet website
  related to the transferred function is updated, transferred, or
  consolidated to reflect the consolidation mandated by Subchapter
  A-1, Chapter 531, Government Code, as added by this Act.
         SECTION 2.06.  (a)  Subchapter A, Chapter 531, Government
  Code, is amended by adding Section 531.0171 to read as follows:
         Sec. 531.0171.  OFFICE OF OMBUDSMAN. (a)  The executive
  commissioner shall establish the commission's office of the
  ombudsman with authority and responsibility over the health and
  human services system in performing the following functions:
               (1)  providing dispute resolution services for the
  health and human services system;
               (2)  performing consumer protection and advocacy
  functions related to health and human services, including assisting
  a consumer or other interested person with:
                     (A)  raising a matter within the health and human
  services system that the person feels is being ignored; and
                     (B)  obtaining information regarding a filed
  complaint; and
               (3)  collecting inquiry and complaint data related to
  the health and human services system.
         (b)  The office of the ombudsman does not have the authority
  to provide a separate process for resolving complaints or appeals.
         (c)  The executive commissioner shall develop a standard
  process for tracking and reporting received inquiries and
  complaints within the health and human services system.  The
  process must provide for the centralized tracking of inquiries and
  complaints submitted to field, regional, or other local health and
  human services system offices.
         (d)  Using the process developed under Subsection (c), the
  office of the ombudsman shall collect inquiry and complaint data
  from all offices, agencies, divisions, and other entities within
  the health and human services system.  To assist with the collection
  of data under this subsection, the office may access any system or
  process for recording inquiries and complaints used or maintained
  within the health and human services system.
         (b)  As soon as possible after the effective date of this
  article, the executive commissioner of the Health and Human
  Services Commission shall implement Section 531.0171, Government
  Code, as added by this article.
         (c)  Notwithstanding any other provision of state law but
  except as provided by Subsection (d) of this section:
               (1)  each office of an ombudsman established before the
  effective date of this section that performs ombudsman duties for a
  state agency or entity subject to abolition under Section 531.0202,
  Government Code, as added by this Act, is abolished on the date the
  state agency or entity for which the office performs ombudsman
  duties is abolished in accordance with the transition plan under
  Section 531.0204, Government Code, as added by this Act; and
               (2)  each office of an ombudsman established before the
  effective date of this section that performs ombudsman duties for
  the Department of Family and Protective Services or the Department
  of State Health Services is abolished on the date specified in the
  transition plan under Section 531.0204, Government Code, as added
  by this Act.
         (d)  The following offices of an ombudsman are not abolished
  under Subsection (c) of this section and continue in existence:
               (1)  the office of independent ombudsman for state
  supported living centers established under Subchapter C, Chapter
  555, Health and Safety Code;
               (2)  the office of the state long-term care ombudsman;
  and
               (3)  any other ombudsman office serving all or part of
  the health and human services system that is required by federal
  law.
         (e)  The executive commissioner of the Health and Human
  Services Commission shall certify which offices of ombudsman are
  abolished, and which are exempt from abolition, under Subsection
  (d) of this section and shall publish that certification in the
  Texas Register not later than September 1, 2016.
         SECTION 2.07.  (a)  Subchapter A, Chapter 531, Government
  Code, is amended by adding Section 531.0192 to read as follows:
         Sec. 531.0192.  HEALTH AND HUMAN SERVICES SYSTEM HOTLINE AND
  CALL CENTER COORDINATION. (a)  The commission shall establish a
  process to ensure all health and human services system hotlines and
  call centers are necessary and appropriate.  Under the process, the
  commission shall:
               (1)  develop criteria for use in assessing whether a
  hotline or call center serves an ongoing purpose;
               (2)  develop and maintain an inventory of all system
  hotlines and call centers;
               (3)  use the inventory and assessment criteria
  developed under this subsection to periodically consolidate
  hotlines and call centers along appropriate functional lines;
               (4)  develop an approval process designed to ensure
  that a newly established hotline or call center, including the
  telephone system and contract terms for the hotline or call center,
  meets policies and standards established by the commission; and
               (5)  develop policies and standards for hotlines and
  call centers that include both quality and quantity performance
  measures and benchmarks and may include:
                     (A)  client satisfaction with call resolution;
                     (B)  accuracy of information provided;
                     (C)  the percentage of received calls that are
  answered;
                     (D)  the amount of time a caller spends on hold;
  and
                     (E)  call abandonment rates.
         (a-1)  In developing policies and standards under Subsection
  (a)(5), the commission may allow varied performance measures and
  benchmarks for a hotline or call center based on factors affecting
  the capacity of the hotline or call center, including factors such
  as staffing levels and funding.
         (b)  In consolidating hotlines and call centers under
  Subsection (a)(3), the commission shall seek to maximize the use
  and effectiveness of the commission's 2-1-1 telephone number.
         (b)  As soon as possible after the effective date of this
  article, the Health and Human Services Commission shall implement
  Section 531.0192, Government Code, as added by this article.
         (c)  Not later than March 1, 2016, the Health and Human
  Services Commission shall complete an initial assessment and
  consolidation of hotlines and call centers, as required by Section
  531.0192, Government Code, as added by this article.
         (d)  As soon as possible after a function is transferred in
  accordance with Section 531.0201 or 531.02011, Government Code, as
  added by this Act, the Health and Human Services Commission shall,
  in accordance with Section 531.0192, Government Code, as added by
  this article, ensure a hotline or call center related to the
  transferred function is transferred or consolidated to reflect the
  consolidation mandated by Subchapter A-1, Chapter 531, Government
  Code, as added by this Act.
  SECTION 2.08.  (a)  Section 531.02111(b), Government Code,
  as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (b)  The report must include:
               (1)  for each state agency described by Subsection (a):
                     (A)  a description of each of the components of
  Medicaid operated by the agency; and
                     (B)  an accounting of all funds related to
  Medicaid received and disbursed by the agency during the period
  covered by the report, including:
                           (i)  the amount of any federal Medicaid
  funds allocated to the agency for the support of each of the
  Medicaid components operated by the agency;
                           (ii)  the amount of any funds appropriated
  by the legislature to the agency for each of those components; and
                           (iii)  the amount of Medicaid payments and
  related expenditures made by or in connection with each of those
  components; and
               (2)  for each Medicaid component identified in the
  report:
                     (A)  the amount and source of funds or other
  revenue received by or made available to the agency for the
  component; [and]
                     (B)  the amount spent on each type of service or
  benefit provided by or under the component;
                     (C)  the amount spent on component operations,
  including eligibility determination, claims processing, and case
  management; and
                     (D)  the amount spent on any other administrative
  costs [information required by Section 531.02112(b)].
         (b)  The following provisions, including provisions amended
  by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015,
  are repealed:
               (1)  Section 531.02112, Government Code;
               (2)  Sections 531.03131(f) and (g), Government Code;
               (3)  Section 2155.144(o), Government Code; and
               (4)  Section 22.0251(b), Human Resources Code.
         SECTION 2.09.  Subchapter B, Chapter 531, Government Code,
  is amended by adding Section 531.02114 to read as follows:
         Sec. 531.02114.  DENTAL DIRECTOR. The executive
  commissioner shall appoint for Medicaid a dental director who is a
  licensed dentist under Subtitle D, Title 3, Occupations Code, and
  rules adopted under that subtitle by the State Board of Dental
  Examiners.
  SECTION 2.10.  (a)  Subchapter B, Chapter 531, Government
  Code, is amended by adding Section 531.02118 to read as follows:
         Sec. 531.02118.  STREAMLINING MEDICAID PROVIDER ENROLLMENT
  AND CREDENTIALING PROCESSES. (a)  The commission shall streamline
  provider enrollment and credentialing processes under Medicaid.
         (b)  In streamlining the Medicaid provider enrollment
  process, the commission shall establish a centralized Internet
  portal through which providers may enroll in Medicaid.  The
  commission may use the Internet portal created under this
  subsection to create a single, consolidated Medicaid provider
  enrollment and credentialing process.
         (c)  In streamlining the Medicaid provider credentialing
  process under this section, the commission may designate a
  centralized credentialing entity and may:
               (1)  share information in the database established
  under Subchapter C, Chapter 32, Human Resources Code, with the
  centralized credentialing entity; and
               (2)  require all managed care organizations
  contracting with the commission to provide health care services to
  Medicaid recipients under a managed care plan issued by the
  organization to use the centralized credentialing entity as a hub
  for the collection and sharing of information.
         (d)  If cost-effective, the commission may contract with a
  third party to develop the single, consolidated Medicaid provider
  enrollment and credentialing process authorized under Subsection
  (b).
         (b)  The Health and Human Services Commission shall
  streamline provider enrollment and credentialing processes as
  required under Section 531.02118, Government Code, as added by this
  article, not later than September 1, 2016.
         SECTION 2.11.  (a)  Section 531.02141, Government Code, is
  amended by adding Subsections (c), (d), and (e) to read as follows:
         (c)  The commission shall regularly evaluate data submitted
  by managed care organizations that contract with the commission
  under Chapter 533 to determine whether:
               (1)  the data continues to serve a useful purpose; and
               (2)  additional data is needed to oversee contracts or
  evaluate the effectiveness of Medicaid.
         (d)  The commission shall collect Medicaid managed care data
  that effectively captures the quality of services received by
  Medicaid recipients.
         (e)  The commission shall develop a dashboard for agency
  leadership that is designed to assist leadership with overseeing
  Medicaid and comparing the performance of managed care
  organizations participating in Medicaid.  The dashboard must
  identify a concise number of important Medicaid indicators,
  including key data, performance measures, trends, and problems.
         (b)  Not later than March 1, 2016, the Health and Human
  Services Commission shall develop the dashboard required by Section
  531.02141(e), Government Code, as added by this article.
         SECTION 2.12.  Subchapter B, Chapter 531, Government Code,
  is amended by adding Section 531.02221 to read as follows:
         Sec. 531.02221.  WOMEN'S HEALTH ADVISORY COMMITTEE.
  (a)  The executive commissioner shall establish a women's health
  advisory committee to provide recommendations to the commission on
  the consolidation of women's health programs.
         (b)  The executive commissioner shall appoint members to the
  advisory committee and ensure that a majority of the members are
  health care providers who:
               (1)  are participating in women's health programs of
  various sizes;
               (2)  are located in separate geographic areas of this
  state; and
               (3)  have experience in operating women's health
  programs.
         (c)  The executive commissioner may appoint a member not
  described by Subsection (b) to the women's health advisory
  committee who represents the women's health industry and is
  knowledgeable on the best practices for women's health programs.
         (d)  The executive commissioner shall establish the women's
  health advisory committee not later than October 15, 2015.
         (e)  The women's health advisory committee is abolished and
  this section expires September 1, 2017.
         SECTION 2.13.  Subchapter B, Chapter 531, Government Code,
  is amended by adding Section 531.02731 to read as follows:
         Sec. 531.02731.  REPORT OF INFORMATION RESOURCES MANAGER TO
  COMMISSION. Notwithstanding Section 2054.075(b), the information
  resources manager of a health and human services agency shall
  report directly to the executive commissioner or a deputy executive
  commissioner designated by the executive commissioner.
         SECTION 2.14.  Section 531.102, Government Code, is amended
  by adding Subsections (p) and (q) to read as follows:
         (p)  In accordance with Section 533.015(b), the office shall
  consult with the executive commissioner regarding the adoption of
  rules defining the office's role in and jurisdiction over, and the
  frequency of, audits of managed care organizations participating in
  Medicaid that are conducted by the office and the commission.
         (q)  The office shall coordinate all audit and oversight
  activities, including the development of audit plans, risk
  assessments, and findings, with the commission to minimize the
  duplication of activities. In coordinating activities under this
  subsection, the office shall:
               (1)  on an annual basis, seek input from the commission
  and consider previous audits and onsite visits made by the
  commission for purposes of determining whether to audit a managed
  care organization participating in Medicaid; and
               (2)  request the results of any informal audit or
  onsite visit performed by the commission that could inform the
  office's risk assessment when determining whether to conduct, or
  the scope of, an audit of a managed care organization participating
  in Medicaid.
  SECTION 2.15.  (a)  Section 531.1031(a), Government Code,
  as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (a)  In this section and Sections 531.1032, 531.1033, and
  531.1034:
               (1)  "Health care professional" means a person issued a
  license[, registration, or certification] to engage in a health
  care profession.
               (1-a)  "License" means a license, certificate,
  registration, permit, or other authorization that:
                     (A)  is issued by a licensing authority; and
                     (B)  must be obtained before a person may practice
  or engage in a particular business, occupation, or profession.
               (1-b)  "Licensing authority" means a department,
  commission, board, office, or other agency of the state that issues
  a license.
               (1-c)  "Office" means the commission's office of
  inspector general unless a different meaning is plainly required by
  the context in which the term appears.
               (2)  "Participating agency" means:
                     (A)  the Medicaid fraud enforcement divisions of
  the office of the attorney general;
                     (B)  each licensing authority [board or agency]
  with authority to issue a license to[, register, regulate, or
  certify] a health care professional or managed care organization
  that may participate in Medicaid; and
                     (C)  the [commission's] office [of inspector
  general].
               (3)  "Provider" has the meaning assigned by Section
  531.1011(10)(A).
         (b)  Subchapter C, Chapter 531, Government Code, is amended
  by adding Sections 531.1032, 531.1033, and 531.1034 to read as
  follows:
         Sec. 531.1032.  OFFICE OF INSPECTOR GENERAL:  CRIMINAL
  HISTORY RECORD INFORMATION CHECK.  (a)  The office and each
  licensing authority that requires the submission of fingerprints
  for the purpose of conducting a criminal history record information
  check of a health care professional shall enter into a memorandum of
  understanding to ensure that only persons who are licensed and in
  good standing as health care professionals participate as providers
  in Medicaid. The memorandum under this section may be combined with
  a memorandum authorized under Section 531.1031(c-1) and must
  include a process by which:
               (1)  the office may confirm with a licensing authority
  that a health care professional is licensed and in good standing for
  purposes of determining eligibility to participate in Medicaid; and
               (2)  the licensing authority immediately notifies the
  office if:
                     (A)  a provider's license has been revoked or
  suspended; or
                     (B)  the licensing authority has taken
  disciplinary action against a provider.
         (b)  The office may not, for purposes of determining a health
  care professional's eligibility to participate in Medicaid as a
  provider, conduct a criminal history record information check of a
  health care professional who the office has confirmed under
  Subsection (a) is licensed and in good standing. This subsection
  does not prohibit the office from performing a criminal history
  record information check of a provider that is required or
  appropriate for other reasons, including for conducting an
  investigation of fraud, waste, or abuse.
         (c)  For purposes of determining eligibility to participate
  in Medicaid and subject to Subsection (d), the office, after
  seeking public input from various geographic areas across this
  state, either in person or through teleconferencing centers, shall
  establish and the executive commissioner by rule shall adopt
  guidelines for the evaluation of criminal history record
  information of providers and potential providers.  The guidelines
  must outline conduct, by provider type, that may be contained in
  criminal history record information that will result in exclusion
  of a person from Medicaid as a provider, taking into consideration:
               (1)  the extent to which the underlying conduct relates
  to the services provided under Medicaid;
               (2)  the degree to which the person would interact with
  Medicaid recipients as a provider; and
               (3)  any previous evidence that the person engaged in
  fraud, waste, or abuse under Medicaid.
         (d)  The guidelines adopted under Subsection (c) may not
  impose stricter standards for the eligibility of a person to
  participate in Medicaid than a licensing authority described by
  Subsection (a) requires for the person to engage in a health care
  profession without restriction in this state.
         (e)  The office and the commission shall use the guidelines
  adopted under Subsection (c) to determine whether a provider
  participating in Medicaid continues to be eligible to participate
  in Medicaid as a provider.
         (f)  The provider enrollment contractor, if applicable, and
  a managed care organization participating in Medicaid shall defer
  to the office regarding whether a person's criminal history record
  information precludes the person from participating in Medicaid as
  a provider.
         Sec. 531.1033.  MONITORING OF CERTAIN FEDERAL DATABASES.  
  The office shall routinely check appropriate federal databases,
  including databases referenced in 42 C.F.R. Section 455.436, to
  ensure that a person who is excluded from participating in Medicaid
  or in the Medicare program by the federal government is not
  participating as a provider in Medicaid.
         Sec. 531.1034.  TIME TO DETERMINE PROVIDER ELIGIBILITY;
  PERFORMANCE METRICS.  (a)  Not later than the 10th day after the
  date the office receives the complete application of a health care
  professional seeking to participate in Medicaid, the office shall
  inform the commission or the health care professional, as
  appropriate, of the office's determination regarding whether the
  health care professional should be denied participation in Medicaid
  based on:
               (1)  information concerning the licensing status of the
  health care professional obtained as described by Section
  531.1032(a);
               (2)  information contained in the criminal history
  record information check that is evaluated in accordance with
  guidelines adopted under Section 531.1032(c);
               (3)  a review of federal databases under Section
  531.1033;
               (4)  the pendency of an open investigation by the
  office; or
               (5)  any other reason the office determines
  appropriate.
         (b)  Completion of an on-site visit of a health care
  professional during the period prescribed by Subsection (a) is not
  required.
         (c)  The office shall develop performance metrics to measure
  the length of time for conducting a determination described by
  Subsection (a) with respect to applications that are complete when
  submitted and all other applications.
         (c)  Not later than September 1, 2016, the executive
  commissioner of the Health and Human Services Commission shall
  adopt the guidelines required under Section 531.1032(c),
  Government Code, as added by this section.
         SECTION 2.16.  (a)  Section 531.251, Government Code, as
  amended by S.B. No. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 531.251.  TEXAS SYSTEM OF CARE FRAMEWORK [CONSORTIUM].  
  (a)  In this section:
               (1)  "Minor" means an individual younger than 18 years
  of age.
               (2)  "Serious emotional disturbance" means a mental,
  behavioral, or emotional disorder of sufficient duration to result
  in functional impairment that substantially interferes with or
  limits a person's role or ability to function in family, school, or
  community activities.
               (3)  "System of care framework" means a framework for
  collaboration among state agencies, minors who have a serious
  emotional disturbance or are at risk of developing a serious
  emotional disturbance, and the families of those minors that
  improves access to services and delivers effective community-based
  services that are family-driven, youth- or young adult-guided, and
  culturally and linguistically competent.
         (b)  The commission shall implement [form a consortium to
  have responsibility for and oversight over] a [state] system of
  care framework to develop local mental health systems of care in
  communities for minors who are receiving residential mental health
  services and supports or inpatient mental health hospitalization,
  have or are at risk of developing a serious emotional disturbance,
  or [who] are at risk of being removed from the minor's home and
  placed in a more restrictive environment to receive mental health
  services and supports, including an inpatient mental health
  hospital, a residential treatment facility, or a facility or
  program operated by the Department of Family and Protective
  Services or an agency that is part of the juvenile justice system.
         (c) [(a-1)  The consortium must include:
               [(1)     representatives of the Department of State Health
  Services, Department of Family and Protective Services,
  commission's Medicaid program, Texas Education Agency, Texas
  Juvenile Justice Department, and Texas Correctional Office on
  Offenders with Medical or Mental Impairments; and
               [(2)  one member who is:
                     [(A)     a youth or young adult who has a serious
  emotional disturbance and has received mental health services and
  supports; or
                     [(B)     a family member of a youth or young adult
  described by Paragraph (A).
         [(a-2)     The consortium may coordinate with the Children's
  Policy Council for the purposes of including the representation
  required by Subsection (a-1)(2).
         [(b)]  The commission [and the consortium] shall:
               (1)  maintain a comprehensive plan for the delivery of
  mental health services and supports to a minor and a minor's family
  using a system of care framework, including best practices in the
  financing, administration, governance, and delivery of those
  services;
               (2)  enter memoranda of understanding with the
  Department of State Health Services, the Department of Family and
  Protective Services, the Texas Education Agency, the Texas Juvenile
  Justice Department, and the Texas Correctional Office on Offenders
  with Medical or Mental Impairments that specify the roles and
  responsibilities of each agency in implementing the comprehensive
  plan described by Subdivision (1) [implement strategies to expand
  the use of system of care practices in the planning and delivery of
  services throughout the state];
               (3)  identify appropriate local, state, and federal
  funding sources to finance infrastructure and mental health
  services and supports needed to support state and local system of
  care framework efforts; [and]
               (4)  develop an evaluation system to measure
  cross-system performance and outcomes of state and local system of
  care framework efforts; and
               (5)  in implementing the provisions of this section,
  consult with stakeholders, including:
                     (A)  minors who have or are at risk of developing a
  serious emotional disturbance or young adults who received mental
  health services and supports as a minor with or at risk of
  developing a serious emotional disturbance; and 
                     (B)  family members of those minors or young
  adults.
         [(b-1)     Not later than November 1 of each even-numbered year,
  the consortium shall submit a report to the legislature and the
  Council on Children and Families that contains an evaluation of the
  outcomes of the Texas System of Care and recommendations on
  strengthening state policies and practices that support local
  systems of care, including recommendations relating to:
               [(1)     methods to increase access to effective and
  coordinated services and supports;
               [(2)     methods to increase community capacity to
  implement local systems of care through training and technical
  assistance;
               [(3)     use of cross-system performance and outcome data
  to make informed decisions at individual and system levels; and
               [(4)     strategies to maximize public and private funding
  at the local, state, and federal levels.]
         (b)  Section 531.255, Government Code, is amended to read as
  follows:
         Sec. 531.255.  EVALUATION. [(a)]  The commission [and the
  Department of State Health Services jointly] shall monitor the
  implementation of a system of care framework under Section 531.251
  and adopt rules as necessary to facilitate or adjust that
  implementation [progress of the communities that implement a local
  system of care, including monitoring cost avoidance and the net
  savings that result from implementing a local system of care].
         SECTION 2.17.  (a)  Chapter 531, Government Code, is amended
  by adding Subchapter M to read as follows:
  SUBCHAPTER M.  COORDINATION OF QUALITY INITIATIVES
         Sec. 531.451.  OPERATIONAL PLAN TO COORDINATE INITIATIVES.
  (a)  The commission shall develop and implement a comprehensive,
  coordinated operational plan to ensure a consistent approach across
  the major quality initiatives of the health and human services
  system for improving the quality of health care.
         (b)  The operational plan developed under this section must
  include broad goals for the improvement of the quality of health
  care in this state, including health care services provided through
  Medicaid.
         (c)  The operational plan under this section may evaluate:
  the Delivery System Reform Incentive Payment (DSRIP) program under
  the Texas Health Care Transformation and Quality Improvement
  Program waiver issued under Section 1115 of the federal Social
  Security Act (42 U.S.C. Section 1315), enhancing funding to
  disproportionate share hospitals in the state, Section 1332 of 42
  U.S.C. Section 18052, enhancing uncompensated care pool payments to
  hospitals in the state under the Texas Health Care Transformation
  and Quality Improvement Program waiver issued under Section 1115 of
  the federal Social Security Act (42 U.S.C. Section 1315), home and
  community-based services state plan options under Section 1915(i)
  of the federal Social Security Act (42 U.S.C. Section 1396n), and a
  contingency plan in the event the commission does not obtain an
  extension or renewal of the uncompensated care pool provisions or
  any other provisions of the Texas Health Care Transformation and
  Quality Improvement Program waiver issued under Section 1115 of the
  federal Social Security Act (42 U.S.C. Section 1315).
         Sec. 531.452.  REVISION OF MAJOR INITIATIVES.
  Notwithstanding any other law, the commission shall revise major
  quality initiatives of the health and human services system in
  accordance with the operational plan and health care quality
  improvement goals developed under Section 531.451.  To the extent
  it is possible, the commission shall ensure that outcome measure
  data is collected and reported consistently across all major
  quality initiatives to improve the evaluation of the initiatives'
  statewide impact.
         Sec. 531.453.  INCENTIVES FOR INITIATIVE COORDINATION. The
  commission shall consider and, if the commission determines it
  appropriate, develop incentives that promote coordination among
  the various major quality initiatives in accordance with this
  subchapter, including projects and initiatives approved under the
  Texas Health Care Transformation and Quality Improvement Program
  waiver issued under Section 1115 of the federal Social Security Act
  (42 U.S.C. Section 1315).
         Sec. 531.454.  RENEWAL OF FEDERAL AUTHORIZATION FOR MEDICAID
  REFORM.  (a)  When the commission seeks to renew the Texas Health
  Care Transformation and Quality Improvement Program waiver issued
  under Section 1115 of the federal Social Security Act (42 U.S.C.
  Section 1315), the commission shall, to the extent permitted under
  federal law:
               (1)  seek to reduce the number of approved project
  options that may be funded under the waiver using delivery system
  reform incentive payments to include only those projects that are:
                     (A)  the most critical for improving the quality
  of health care, including behavioral health services; and
                     (B)  consistent with the operational plan and
  health care quality improvement goals developed under Section
  531.451; and
               (2)  allow a delivery system reform incentive payment
  project that, as a result of Subdivision (1), is no longer an option
  under the waiver, to continue operating as long as the project meets
  funding requirements and outcome objectives.
         (b)  In reducing the number of approved project options under
  Subsection (a), the commission shall take into consideration the
  diversity of local and regional health care needs in this state.
         (c)  This section expires September 1, 2017.
         (b)  As soon as possible after the effective date of this
  article, the Health and Human Services Commission shall develop the
  operational plan and perform the other actions corresponding with
  the operational plan as required under Subchapter M, Chapter 531,
  Government Code, as added by this article.
         SECTION 2.18.  Section 533.00255(a), Government Code, is
  amended to read as follows:
         (a)  In this section, "behavioral health services" means
  mental health and substance abuse disorder services[, other than
  those provided through the NorthSTAR demonstration project].
         SECTION 2.19.  Section 533.00255, Government Code, is
  amended by adding Subsection (a-1) to read as follows:
         (a-1)  Notwithstanding Subsection (a), for purposes of this
  section, the term "behavioral health services" does not include
  mental health and substance disorder services provided through the
  NorthSTAR demonstration project. This subsection expires on the
  later of the following dates:
               (1)  January 1, 2017; or
               (2)  the last day of the transition deadline for the
  cessation of the NorthSTAR Behavioral Health Services model if that
  deadline is extended in accordance with provisions of H.B. No. 1,
  Acts of the 84th Legislature, Regular Session, 2015 (the General
  Appropriations Act), by written approval of the Legislative Budget
  Board or the governor.
         SECTION 2.20.  Subchapter A, Chapter 533, Government Code,
  is amended by adding Section 533.002551 to read as follows:
         Sec. 533.002551.  MONITORING OF COMPLIANCE WITH BEHAVIORAL
  HEALTH INTEGRATION. (a)  In this section, "behavioral health
  services" has the meaning assigned by Section 533.00255.
         (b)  In monitoring contracts the commission enters into with
  managed care organizations under this chapter, the commission
  shall:
               (1)  ensure managed care organizations fully integrate
  behavioral health services into a recipient's primary care
  coordination;
               (2)  use performance audits and other oversight tools
  to improve monitoring of the provision and coordination of
  behavioral health services; and
               (3)  establish performance measures that may be used to
  determine the effectiveness of the integration of behavioral health
  services.
         (c)  In monitoring a managed care organization's compliance
  with behavioral health services integration requirements under
  this section, the commission shall give particular attention to a
  managed care organization that provides behavioral health services
  through a contract with a third party.
         SECTION 2.21.  Subchapter A, Chapter 533, Government Code,
  is amended by adding Section 533.0061 to read as follows:
         Sec. 533.0061.  FREQUENCY OF PROVIDER CREDENTIALING. A
  managed care organization that contracts with the commission to
  provide health care services to Medicaid recipients under a managed
  care plan issued by the organization shall formally recredential a
  physician or other provider with the frequency required by the
  single, consolidated Medicaid provider enrollment and
  credentialing process, if that process is created under Section
  531.02118.  The required frequency of recredentialing may be less
  frequent than once in any three-year period, notwithstanding any
  other law.
         SECTION 2.22.  Subchapter A, Chapter 533, Government Code,
  is amended by adding Section 533.0077 to read as follows:
         Sec. 533.0077.  STATEWIDE EFFORT TO PROMOTE MAINTENANCE OF
  ELIGIBILITY. (a)  The commission shall develop and implement a
  statewide effort to assist recipients who satisfy Medicaid
  eligibility requirements and who receive Medicaid services through
  a managed care organization with maintaining eligibility and
  avoiding lapses in coverage under Medicaid.
         (b)  As part of its effort under Subsection (a), the
  commission shall:
               (1)  require each managed care organization providing
  health care services to recipients to assist those recipients with
  maintaining eligibility;
               (2)  if the commission determines it is cost-effective,
  develop specific strategies for assisting recipients who receive
  Supplemental Security Income (SSI) benefits under 42 U.S.C. Section
  1381 et seq. with maintaining eligibility; and
               (3)  ensure information that is relevant to a
  recipient's eligibility status is provided to the managed care
  organization through which the recipient receives Medicaid
  services.
         SECTION 2.23.  (a)  Section 533.015, Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 533.015.  COORDINATION OF EXTERNAL OVERSIGHT
  ACTIVITIES. (a)  To the extent possible, the commission shall
  coordinate all external oversight activities to minimize
  duplication of oversight of managed care plans under Medicaid and
  disruption of operations under those plans.
         (b)  The executive commissioner, after consulting with the
  commission's office of inspector general, shall, by rule, define
  the commission's and office's roles in and jurisdiction over, and
  frequency of, audits of managed care organizations participating in
  Medicaid that are conducted by the commission and the commission's
  office of inspector general.
         (c)  In accordance with Section 531.102(q), the commission
  shall share with the commission's office of inspector general, at
  the request of the office, the results of any informal audit or
  onsite visit that could inform that office's risk assessment when
  determining whether to conduct, or the scope of, an audit of a
  managed care organization participating in Medicaid.
         (b)  Not later than September 1, 2016, the executive
  commissioner of the Health and Human Services Commission shall
  adopt rules required by Section 533.015(b), Government Code, as
  added by this article.
         SECTION 2.24.  Section 533.041(a), Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The executive commissioner shall appoint a state
  Medicaid managed care advisory committee.  The advisory committee
  consists of representatives of:
               (1)  hospitals;
               (2)  managed care organizations and participating
  health care providers;
               (3)  primary care providers and specialty care
  providers;
               (4)  state agencies;
               (5)  low-income recipients or consumer advocates
  representing low-income recipients;
               (6)  recipients with disabilities, including
  recipients with an intellectual or developmental disability or with
  physical disabilities, or consumer advocates representing those
  recipients;
               (7)  parents of children who are recipients;
               (8)  rural providers;
               (9)  advocates for children with special health care
  needs;
               (10)  pediatric health care providers, including
  specialty providers;
               (11)  long-term services and supports providers,
  including nursing facility providers and direct service workers;
               (12)  obstetrical care providers;
               (13)  community-based organizations serving low-income
  children and their families;
               (14)  community-based organizations engaged in
  perinatal services and outreach;
               (15)  recipients who are 65 years of age or older;
               (16)  recipients with mental illness;
               (17)  nonphysician mental health providers
  participating in the Medicaid managed care program; and
               (18)  entities with responsibilities for the delivery
  of long-term services and supports or other Medicaid service
  delivery, including:
                     (A)  independent living centers;
                     (B)  area agencies on aging;
                     (C)  aging and disability resource centers
  established under the Aging and Disability Resource Center
  initiative funded in part by the federal Administration on Aging
  and the Centers for Medicare and Medicaid Services; and
                     (D)  community mental health and intellectual
  disability centers[; and
                     [(E)     the NorthSTAR Behavioral Health Program
  provided under Chapter 534, Health and Safety Code].
         SECTION 2.25.  (a)  Chapter 533, Government Code, is amended
  by adding Subchapter E to read as follows:
  SUBCHAPTER E.  PILOT PROGRAM TO INCREASE INCENTIVE-BASED PROVIDER
  PAYMENTS
         Sec. 533.081.  DEFINITION.  In this subchapter, "pilot
  program" means the pilot program to increase incentive-based
  provider payments established under Section 533.082.
         Sec. 533.082.  PILOT PROGRAM TO INCREASE INCENTIVE-BASED
  PROVIDER PAYMENTS. The commission shall develop a pilot program to
  increase the use and effectiveness of incentive-based provider
  payments by managed care organizations providing services under the
  Medicaid managed care program. The commission and the managed care
  organizations providing those services in at least one managed care
  service delivery area shall work with health care providers and
  professional associations composed of health care providers to
  develop common payment incentive methodologies for the pilot
  program that:
               (1)  are structured to reward appropriate, quality
  care;
               (2)  align outcomes of the pilot program with the
  commission's Medicaid managed care quality-based payment programs;
               (3)  are not intended to supplant existing
  incentive-based contracts between the managed care organizations
  and providers;
               (4)  are structured to encourage formal arrangements
  among providers to work together to provide better patient care;
               (5)  are adopted by all managed care organizations
  providing services under the Medicaid managed care program through
  the same managed care service delivery model so that similar
  incentive methodologies apply to all participating providers under
  the same model; and
               (6)  are voluntarily agreed to by the participating
  providers.
         Sec. 533.083.  ASSESSMENT AND IMPLEMENTATION OF PILOT
  PROGRAM FINDINGS. Not later than September 1, 2018, and
  notwithstanding any other law, the commission shall:
               (1)  based on the results of the pilot program,
  identify which types of incentive-based provider payment goals and
  outcome measures are most appropriate for statewide implementation
  and the services that can be provided using those goals and outcome
  measures; and
               (2)  require that a managed care organization that has
  contracted with the commission to provide health care services to
  recipients implement the payment goals and outcome measures
  identified under Subdivision (1).
         Sec. 533.084.  EXPIRATION. Sections 533.081 and 533.082 and
  this section expire September 1, 2018.
         (b)  As soon as possible after the effective date of this
  article, the Health and Human Services Commission shall develop the
  pilot program required under Subchapter E, Chapter 533, Government
  Code, as added by this article.
         (c)  The Health and Human Services Commission, in a contract
  between the commission and a managed care organization under
  Chapter 533, Government Code, that is entered into or renewed on or
  after September 1, 2018, shall require that the managed care
  organization implement the incentive-based provider payment goals
  and outcome measures identified by the commission under Section
  533.083, Government Code, as added by this article.
         (d)  The Health and Human Services Commission shall seek to
  amend contracts entered into with managed care organizations under
  Chapter 533, Government Code, before September 1, 2018, to require
  that those managed care organizations implement the
  incentive-based provider payment goals and outcome measures
  identified by the commission under Section 533.083, Government
  Code, as added by this article. To the extent of a conflict between
  that section and a provision of a contract with a managed care
  organization entered into before September 1, 2018, the contract
  provision prevails.
         SECTION 2.26.  Subchapter A, Chapter 552, Health and Safety
  Code, is amended by adding Section 552.0012 to read as follows:
         Sec. 552.0012.  STUDY REGARDING NEW LOCATION FOR AUSTIN
  STATE HOSPITAL. (a)  The commission, in coordination with the
  department, the General Land Office, and the Texas Facilities
  Commission, shall conduct a study to determine the feasibility,
  costs, and benefits of transferring operation of the Austin State
  Hospital from the hospital's facilities as of January 1, 2015, to a
  new facility at a new location.
         (b)  The study conducted under this section must consider
  potential locations and facilities for the operation of the Austin
  State Hospital that are owned by the state and that are not owned by
  the state.  For each potential location, the study must consider:
               (1)  property and facility costs, including costs
  associated with purchasing or leasing facilities;
               (2)  ease of public access by main roads and public
  transportation; and
               (3)  capacity to accommodate the complete operation of
  the Austin State Hospital without overcrowding or interference in
  the delivery of services to patients.
         (c)  In considering property and facility costs of a
  potential location for the Austin State Hospital under Subsection
  (b)(1), the study must assume that proceeds from the sale or lease
  of the Austin State Hospital's facilities as of January 1, 2015,
  would be used for the payment of property and facility costs of a
  new location. 
         (d)  The commission, in conducting the study, shall obtain
  input from appropriate stakeholders and from the public at public
  hearings held in locations across the geographic area served by the
  Austin State Hospital.
         (e)  Not later than September 1, 2016, the commission shall
  compile a report containing results from the study and submit the
  report to:
               (1)  each legislative standing committee with primary
  jurisdiction over health and human services;
               (2)  the Sunset Advisory Commission; and
               (3)  the Legislative Budget Board.
         (f)  This section expires September 1, 2017.
         SECTION 2.27.  Section 1001.080(b), Health and Safety Code,
  is amended to read as follows:
         (b)  This section applies to health or mental health
  benefits, services, or assistance provided by the department that
  the department anticipates will be impacted by a health insurance
  exchange as defined by Section 1001.081(a), including:
               (1)  community primary health care services provided
  under Chapter 31;
               (2)  women's and children's health services provided
  under Chapter 32;
               (3)  services for children with special health care
  needs provided under Chapter 35;
               (4)  epilepsy program assistance provided under
  Chapter 40;
               (5)  hemophilia program assistance provided under
  Chapter 41;
               (6)  kidney health care services provided under Chapter
  42;
               (7)  human immunodeficiency virus infection and
  sexually transmitted disease prevention programs and services
  provided under Chapter 85;
               (8)  immunization programs provided under Chapter 161;
               (9)  programs and services provided by the Rio Grande
  State Center under Chapter 252;
               (10)  mental health services for adults provided under
  Chapter 534;
               (11)  mental health services for children provided
  under Chapter 534;
               (12)  [the NorthSTAR Behavioral Health Program
  provided under Chapter 534;
               [(13)]  programs and services provided by community
  mental health hospitals under Chapter 552;
               (13) [(14)]  programs and services provided by state
  mental health hospitals under Chapter 552; and
               (14) [(15)]  any other health or mental health program
  or service designated by the department.
         SECTION 2.28.  Section 1001.201(2), Health and Safety Code,
  as added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature,
  Regular Session, 2013, is amended to read as follows:
               (2)  "Local mental health authority" has the meaning
  assigned by Section 531.002 [and includes the local behavioral
  health authority for the NorthSTAR Behavioral Health Program].
         SECTION 2.29.  Subchapter A, Chapter 33, Human Resources
  Code, is amended by adding Section 33.018 to read as follows:
         Sec. 33.018.  SNAP ELIGIBILITY FOLLOWING CERTAIN CRIMINAL
  CONVICTIONS. (a)  As authorized by 21 U.S.C. Section 862a(d)(1)
  and except as provided by this section, 21 U.S.C. Section
  862a(a)(2) does not apply in determining the eligibility of any
  person for the supplemental nutrition assistance program.
         (b)  21 U.S.C. Section 862a(a)(2) applies in determining the
  eligibility for the supplemental nutrition assistance program of a
  person who has been convicted of, and released on parole or placed
  on community supervision for, any felony offense that has as an
  element the possession, use, or distribution of a controlled
  substance, as defined in 21 U.S.C. Section 802, if the person
  violates any condition of that parole or community supervision. A
  person described by this subsection is ineligible for the
  supplemental nutrition assistance program only for a two-year
  period beginning on the date the person is found to have violated
  the condition of parole or community supervision, as authorized by
  21 U.S.C. Section 862a(d)(1)(B).
         (c)  A person convicted of an offense described by Subsection
  (b) who is receiving supplemental nutrition assistance program
  benefits and who is convicted of a subsequent felony offense,
  regardless of the elements of the offense, is ineligible for the
  supplemental nutrition assistance program.
         SECTION 2.30.  The changes in law made by this Act apply only
  to a determination of eligibility of a person for supplemental
  nutrition assistance benefits made on or after the effective date
  of this Act. A determination of eligibility made before the
  effective date of this Act is governed by the law in effect on the
  date the determination was made, and the former law is continued in
  effect for that purpose.
         SECTION 2.31.  (a)  The Health and Human Services Commission
  shall develop a strategic plan to significantly reduce morbidity
  and mortality from chronic respiratory disease, including asthma
  and chronic obstructive pulmonary disease.
         (b)  In developing the strategic plan, the Health and Human
  Services Commission shall collaborate with the Department of State
  Health Services, including the Chronic Disease Prevention Division
  and may convene any necessary workgroups. The members of a
  workgroup may include health care providers, medical school and
  academic experts, nonprofit and community organizations, and other
  people the department determines necessary specializing in asthma
  and chronic obstructive pulmonary disease prevention, screening,
  treatment, or research.
         (c)  In developing the strategic plan, the Health and Human
  Service Commission shall:
               (1)  identify barriers to effective prevention,
  screening, medication adherence, and treatment for asthma and
  chronic obstructive pulmonary disease;
               (2)  identify methods to increase awareness of the risk
  factors and symptoms associated with asthma and chronic obstructive
  pulmonary disease;
               (3)  identify methods to increase the use of regular
  evidence-based screening for asthma and chronic obstructive
  pulmonary disease;
               (4)  review current technologies and best practices for
  chronic respiratory disease diagnosis, management, and treatment;
               (5)  develop methods for creating partnerships with
  public and private entities to increase awareness of asthma and
  chronic obstructive pulmonary disease;
               (6)  review current prevention, screening, treatment,
  and other related activities in this state for asthma and chronic
  obstructive pulmonary disease and identify areas in which the
  health care services provided through those activities are lacking;
               (7)  estimate the annual direct and indirect state
  health care costs attributable to asthma and chronic obstructive
  pulmonary disease; and
               (8)  make recommendations to the legislature on state
  policy changes and funding needed to implement the strategic plan.
         (d)  Not later than December 31, 2016, the Department of
  State Health Services shall deliver to the governor and members of
  the legislature the strategic plan and recommendations on goal
  implementation and schedule compliance related to the strategic
  plan developed as required by this section.
         (e)  This section expires January 1, 2017.
         SECTION 2.32.  (a)  The Health and Human Services Commission
  shall develop a strategic plan to significantly reduce morbidity
  and mortality from human papillomavirus-associated cancer.
         (b)  In developing the strategic plan, the Health and Human
  Services Commission shall collaborate with the Department of State
  Health Services and the Cancer Prevention and Research Institute of
  Texas and may convene any necessary workgroups. The members of a
  workgroup may include:
               (1)  health care providers specializing in human
  papillomavirus-associated cancer prevention, screening,
  treatment, or research;
               (2)  physicians specializing in primary care,
  pediatrics, or obstetrics and gynecology;
               (3)  mid-level health care practitioners;
               (4)  cancer epidemologists;
               (5)  representatives of general academic teaching
  institutions as defined by Section 61.003, Education Code, medical
  and dental units as defined by Section 61.003, Education Code, and
  medical schools as defined by Section 61.501, Education Code;
               (6)  middle school, high school, or college health
  educators;
               (7)  human papillomavirus-associated cancer survivors;
               (8)  representatives from geographic areas or other
  population groups at higher risk of human
  papillomavirus-associated cancer;
               (9)  public advocates concerned with issues related to
  vaccine-preventable diseases;
               (10)  representatives of community-based and
  faith-based organizations involved in providing education,
  awareness, or support relating to human papillomavirus-associated
  cancer; or
               (11)  other people the department determines are
  necessary.
         (c)  In developing the strategic plan, the Department of
  State Health Services shall:
               (1)  identify barriers to effective prevention,
  screening, and treatment for human papillomavirus-associated
  cancer, including specific barriers affecting providers and
  patients;
               (2)  identify methods, other than a mandate, to
  increase the number of people vaccinated against human
  papillomavirus;
               (3)  identify methods to increase use of evidence-based
  screening to enhance the number of people screened regularly for
  human papillomavirus-associated cancer;
               (4)  review current technologies and best practices for
  human papillomavirus-associated cancer screening;
               (5)  review technology available to diagnose and
  prevent infection by human papillomavirus;
               (6)  develop methods for creating partnerships with
  public and private entities to increase awareness of human
  papillomavirus-associated cancer and of the importance of
  vaccination education and regular screening;
               (7)  review current prevention, screening, treatment,
  and related activities in this state and identify areas in which the
  services for those activities are lacking;
               (8)  estimate the annual direct and indirect state
  health care costs attributable to human papillomavirus-associated
  cancers;
               (9)  identify actions necessary to increase
  vaccination and screening rates and reduce the morbidity and
  mortality from human papillomavirus-associated cancer and
  establish a schedule for implementing those actions; and
               (10)  make recommendations to the legislature on policy
  changes and funding needed to implement the strategic plan.
         (d)  Not later than December 31, 2016, the Health and Human
  Services Commission shall deliver to the governor and members of
  the legislature the strategic plan and recommendations on goal
  implementation and schedule compliance related to the strategic
  plan.
         (e)  This section expires January 1, 2017.
  ARTICLE 3.  HEALTH AND HUMAN SERVICES SYSTEM ADVISORY ENTITIES
         SECTION 3.01.  Section 262.353(d), Family Code, is amended
  to read as follows:
         (d)  Not later than September 30, 2014, the department and
  the Department of State Health Services shall file a report with the
  legislature [and the Council on Children and Families] on the
  results of the study required by Subsection (a).  The report must
  include:
               (1)  each option to prevent relinquishment of parental
  custody that was considered during the study;
               (2)  each option recommended for implementation, if
  any;
               (3)  each option that is implemented using existing
  resources;
               (4)  any policy or statutory change needed to implement
  a recommended option;
               (5)  the fiscal impact of implementing each option, if
  any;
               (6)  the estimated number of children and families that
  may be affected by the implementation of each option; and
               (7)  any other significant information relating to the
  study.
         SECTION 3.02.  (a)  Section 531.012, Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 531.012.  ADVISORY COMMITTEES. (a)  The executive
  commissioner shall establish and maintain [may appoint] advisory
  committees to consider issues and solicit public input across all
  major areas of the health and human services system which may be
  from various geographic areas across the state, which may be done
  either in person or through teleconferencing centers, including
  relating to the following issues:
               (1)  Medicaid and other social services programs;
               (2)  managed care under Medicaid and the child health
  plan program;
               (3)  health care quality initiatives;
               (4)  aging;
               (5)  persons with disabilities, including persons with
  autism;
               (6)  rehabilitation, including for persons with brain
  injuries;
               (7)  children;
               (8)  public health;
               (9)  behavioral health;
               (10)  regulatory matters;
               (11)  protective services; and
               (12)  prevention efforts.
         (b)  Chapter 2110 applies to an advisory committee
  established under this section.
         (c)  The executive commissioner shall adopt rules:
               (1)  in compliance with Chapter 2110 to govern an
  advisory committee's purpose, tasks, reporting requirements, and
  date of abolition; and
               (2)  related to an advisory committee's:
                     (A)  size and quorum requirements;
                     (B)  membership, including:
                           (i)  qualifications to be a member,
  including any experience requirements;
                           (ii)  required geographic representation;
                           (iii)  appointment procedures; and
                           (iv)  terms of members; and
                     (C)  duty to comply with the requirements for open
  meetings under Chapter 551.
         (d)  An advisory committee established under this section
  shall:
               (1)  report any recommendations to the executive
  commissioner at a meeting of the Health and Human Services
  Commission Executive Council established under Section 531.0051;
  and
               (2)  submit a written report to the legislature of any
  policy recommendations made to the executive commissioner under
  Subdivision (1) [as needed].
         (b)  Not later than March 1, 2016, the executive commissioner
  of the Health and Human Services Commission shall adopt rules under
  Section 531.012, Government Code, as amended by this article.  This
  subsection takes effect September 1, 2015.
         SECTION 3.03.  Subchapter A, Chapter 531, Government Code,
  is amended by adding Section 531.0121 to read as follows:
         Sec. 531.0121.  PUBLIC ACCESS TO ADVISORY COMMITTEE
  MEETINGS.  (a)  This section applies to an advisory committee
  established under Section 531.012.
         (b)  The commission shall create a master calendar that
  includes all advisory committee meetings across the health and
  human services system.
         (c)  The commission shall make available on the commission's
  Internet website:
               (1)  the master calendar;
               (2)  all meeting materials for an advisory committee
  meeting; and
               (3)  streaming live video of each advisory committee
  meeting.
         (d)  The commission shall provide Internet access in each
  room used for a meeting that appears on the master calendar.
         SECTION 3.04.  Section 531.0216(b), Government Code, is
  amended to read as follows:
         (b)  In developing the system, the executive commissioner by
  rule shall:
               (1)  review programs and pilot projects in other states
  to determine the most effective method for reimbursement;
               (2)  establish billing codes and a fee schedule for
  services;
               (3)  provide for an approval process before a provider
  can receive reimbursement for services;
               (4)  consult with the Department of State Health
  Services [and the telemedicine and telehealth advisory committee]
  to establish procedures to:
                     (A)  identify clinical evidence supporting
  delivery of health care services using a telecommunications system;
  and
                     (B)  annually review health care services,
  considering new clinical findings, to determine whether
  reimbursement for particular services should be denied or
  authorized;
               (5)  establish a separate provider identifier for
  telemedicine medical services providers, telehealth services
  providers, and home telemonitoring services providers; and
               (6)  establish a separate modifier for telemedicine
  medical services, telehealth services, and home telemonitoring
  services eligible for reimbursement.
         SECTION 3.05.  Section 531.02441(j), Government Code, is
  amended to read as follows:
         (j)  The task force is abolished and this [This] section
  expires September 1, 2017.
         SECTION 3.06.  Section 531.051(c), Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (c)  In adopting rules for the consumer direction models, the
  executive commissioner shall:
               (1)  [with assistance from the work group established
  under Section 531.052,] determine which services are appropriate
  and suitable for delivery through consumer direction;
               (2)  ensure that each consumer direction model is
  designed to comply with applicable federal and state laws;
               (3)  maintain procedures to ensure that a potential
  consumer or the consumer's legally authorized representative has
  adequate and appropriate information, including the
  responsibilities of a consumer or representative under each service
  delivery option, to make an informed choice among the types of
  consumer direction models;
               (4)  require each consumer or the consumer's legally
  authorized representative to sign a statement acknowledging
  receipt of the information required by Subdivision (3);
               (5)  maintain procedures to monitor delivery of
  services through consumer direction to ensure:
                     (A)  adherence to existing applicable program
  standards;
                     (B)  appropriate use of funds; and
                     (C)  consumer satisfaction with the delivery of
  services;
               (6)  ensure that authorized program services that are
  not being delivered to a consumer through consumer direction are
  provided by a provider agency chosen by the consumer or the
  consumer's legally authorized representative; and
               (7)  [work in conjunction with the work group
  established under Section 531.052 to] set a timetable to complete
  the implementation of the consumer direction models.
         SECTION 3.07.  Section 531.067, Government Code, as amended
  by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is
  amended to read as follows:
         Sec. 531.067.  PROGRAM TO IMPROVE AND MONITOR CERTAIN
  OUTCOMES OF RECIPIENTS UNDER CHILD HEALTH PLAN PROGRAM AND MEDICAID 
  [PUBLIC ASSISTANCE HEALTH BENEFIT REVIEW AND DESIGN COMMITTEE].
  The [(a)     The commission shall appoint a Public Assistance Health
  Benefit Review and Design Committee. The committee consists of
  nine representatives of health care providers participating in
  Medicaid or the child health plan program, or both. The committee
  membership must include at least three representatives from each
  program.
         [(b)     The executive commissioner shall designate one member
  to serve as presiding officer for a term of two years.
         [(c)     The committee shall meet at the call of the presiding
  officer.
         [(d)     The committee shall review and provide recommendations
  to the commission regarding health benefits and coverages provided
  under Medicaid, the child health plan program, and any other
  income-based health care program administered by the commission or
  a health and human services agency. In performing its duties under
  this subsection, the committee must:
               [(1)     review benefits provided under each of the
  programs; and
               [(2)     review procedures for addressing high
  utilization of benefits by recipients.
         [(e)     The commission shall provide administrative support
  and resources as necessary for the committee to perform its duties
  under this section.
         [(f)  Section 2110.008 does not apply to the committee.
         [(g)  In performing the duties under this section, the]
  commission may design and implement a program to improve and
  monitor clinical and functional outcomes of a recipient of services
  under Medicaid or the state child health plan program. The program
  may use financial, clinical, and other criteria based on pharmacy,
  medical services, and other claims data related to Medicaid or the
  child health plan program. [The commission must report to the
  committee on the fiscal impact, including any savings associated
  with the strategies utilized under this section.]
  SECTION 3.08.  (a)  Section 531.0691, Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is redesignated as Section 531.0735, Government Code, to read
  as follows:
         Sec. 531.0735 [531.0691].  MEDICAID DRUG UTILIZATION REVIEW
  PROGRAM:  DRUG USE REVIEWS AND ANNUAL REPORT. (a)  In this section:
               (1)  "Medicaid Drug Utilization Review Program" means
  the program operated by the vendor drug program to improve the
  quality of pharmaceutical care under Medicaid.
               (2)  "Prospective drug use review" means the review of
  a patient's drug therapy and prescription drug order or medication
  order before dispensing or distributing a drug to the patient.
               (3)  "Retrospective drug use review" means the review
  of prescription drug claims data to identify patterns of
  prescribing.
         (b)  The commission shall provide for an increase in the
  number and types of retrospective drug use reviews performed each
  year under the Medicaid Drug Utilization Review Program, in
  comparison to the number and types of reviews performed in the state
  fiscal year ending August 31, 2009.
         (c)  In determining the number and types of drug use reviews
  to be performed, the commission shall:
               (1)  allow for the repeat of retrospective drug use
  reviews that address ongoing drug therapy problems and that, in
  previous years, improved client outcomes and reduced Medicaid
  spending;
               (2)  consider implementing disease-specific
  retrospective drug use reviews that address ongoing drug therapy
  problems in this state and that reduced Medicaid prescription drug
  use expenditures in other states; and
               (3)  regularly examine Medicaid prescription drug
  claims data to identify occurrences of potential drug therapy
  problems that may be addressed by repeating successful
  retrospective drug use reviews performed in this state and other
  states.
         (d)  In addition to any other information required by federal
  law, the commission shall include the following information in the
  annual report regarding the Medicaid Drug Utilization Review
  Program:
               (1)  a detailed description of the program's
  activities; and
               (2)  estimates of cost savings anticipated to result
  from the program's performance of prospective and retrospective
  drug use reviews.
         (e)  The cost-saving estimates for prospective drug use
  reviews under Subsection (d) must include savings attributed to
  drug use reviews performed through the vendor drug program's
  electronic claims processing system and clinical edits screened
  through the prior authorization system implemented under Section
  531.073.
         (f)  The commission shall post the annual report regarding
  the Medicaid Drug Utilization Review Program on the commission's
  website.
         (b)  Subchapter B, Chapter 531, Government Code, is amended
  by adding Section 531.0736 to read as follows:
         Sec. 531.0736.  DRUG UTILIZATION REVIEW BOARD.  (a)  In this
  section, "board" means the Drug Utilization Review Board.
         (b)  In addition to performing any other duties required by
  federal law, the board shall:
               (1)  develop and submit to the commission
  recommendations for preferred drug lists adopted by the commission
  under Section 531.072;
               (2)  suggest to the commission restrictions or clinical
  edits on prescription drugs;
               (3)  recommend to the commission educational
  interventions for Medicaid providers;
               (4)  review drug utilization across Medicaid; and
               (5)  perform other duties that may be specified by law
  and otherwise make recommendations to the commission.
         (c)  The executive commissioner shall determine the
  composition of the board, which must:
               (1)  comply with applicable federal law, including 42
  C.F.R. Section 456.716;
               (2)  include two representatives of managed care
  organizations as nonvoting members, one of whom must be a physician
  and one of whom must be a pharmacist;
               (3)  include at least 17 physicians and pharmacists
  who:
                     (A)  provide services across the entire
  population of Medicaid recipients and represent different
  specialties, including at least one of each of the following types
  of physicians:
                           (i)  a pediatrician;
                           (ii)  a primary care physician;
                           (iii)  an obstetrician and gynecologist;
                           (iv)  a child and adolescent psychiatrist;
  and
                           (v)  an adult psychiatrist; and
                     (B)  have experience in either developing or
  practicing under a preferred drug list; and
               (4)  include a consumer advocate who represents
  Medicaid recipients.
         (c-1)  The executive commissioner by rule shall develop and
  implement a process by which a person may apply to become a member
  of the board and shall post the application and information
  regarding the application process on the commission's Internet
  website.
         (d)  Members appointed under Subsection (c)(2) may attend
  quarterly and other regularly scheduled meetings, but may not:
               (1)  attend executive sessions; or
               (2)  access confidential drug pricing information.
         (e)  Members of the board serve staggered four-year terms.
         (f)  The voting members of the board shall elect from among
  the voting members a presiding officer.  The presiding officer must
  be a physician.
         (g)  The board shall hold a public meeting quarterly at the
  call of the presiding officer and shall permit public comment
  before voting on any changes in the preferred drug lists, the
  adoption of or changes to drug use criteria, or the adoption of
  prior authorization or drug utilization review proposals.  The
  location of the quarterly public meeting may rotate among different
  geographic areas across this state, or allow for public input
  through teleconferencing centers in various geographic areas
  across this state.  The board shall hold public meetings at other
  times at the call of the presiding officer.  Minutes of each meeting
  shall be made available to the public not later than the 10th
  business day after the date the minutes are approved.  The board may
  meet in executive session to discuss confidential information as
  described by Subsection (i).
         (h)  In developing its recommendations for the preferred
  drug lists, the board shall consider the clinical efficacy, safety,
  and cost-effectiveness of and any program benefit associated with a
  product.
         (i)  The executive commissioner shall adopt rules governing
  the operation of the board, including rules governing the
  procedures used by the board for providing notice of a meeting and
  rules prohibiting the board from discussing confidential
  information described by Section 531.071 in a public meeting.  The
  board shall comply with the rules adopted under this subsection and
  Subsection (j).
         (j)  In addition to the rules under Subsection (i), the
  executive commissioner by rule shall require the board or the
  board's designee to present a summary of any clinical efficacy and
  safety information or analyses regarding a drug under consideration
  for a preferred drug list that is provided to the board by a private
  entity that has contracted with the commission to provide the
  information.  The board or the board's designee shall provide the
  summary in electronic form before the public meeting at which
  consideration of the drug occurs.  Confidential information
  described by Section 531.071 must be omitted from the summary.  The
  summary must be posted on the commission's Internet website.
         (k)  To the extent feasible, the board shall review all drug
  classes included in the preferred drug lists adopted under Section
  531.072 at least once every 12 months and may recommend inclusions
  to and exclusions from the lists to ensure that the lists provide
  for a range of clinically effective, safe, cost-effective, and
  medically appropriate drug therapies for the diverse segments of
  the Medicaid population, children receiving health benefits
  coverage under the child health plan program, and any other
  affected individuals.
         (l)  The commission shall provide administrative support and
  resources as necessary for the board to perform its duties.
         (m)  Chapter 2110 does not apply to the board.
         (n)  The commission or the commission's agent shall publicly
  disclose, immediately after the board's deliberations conclude,
  each specific drug recommended for or against preferred drug list
  status for each drug class included in the preferred drug list for
  the Medicaid vendor drug program.  The disclosure must be posted on
  the commission's Internet website not later than the 10th business
  day after the date of conclusion of board deliberations that result
  in recommendations made to the executive commissioner regarding the
  placement of drugs on the preferred drug list.  The public
  disclosure must include:
               (1)  the general basis for the recommendation for each
  drug class; and
               (2)  for each recommendation, whether a supplemental
  rebate agreement or a program benefit agreement was reached under
  Section 531.070.
         (c)  Section 531.0692, Government Code, is redesignated as
  Section 531.0737, Government Code, and amended to read as follows:
         Sec. 531.0737 [531.0692].  [MEDICAID] DRUG UTILIZATION
  REVIEW BOARD:  CONFLICTS OF INTEREST. (a)  A voting member of the
  [board of the Medicaid] Drug Utilization Review Board [Program] may
  not have a contractual relationship, ownership interest, or other
  conflict of interest with a pharmaceutical manufacturer or labeler
  or with an entity engaged by the commission to assist in the
  development of the preferred drug lists or in the administration of
  the Medicaid Drug Utilization Review Program.
         (b)  The executive commissioner may implement this section
  by adopting rules that identify prohibited relationships and
  conflicts or requiring the board to develop a conflict-of-interest
  policy that applies to the board.
         (d)  Sections 531.072(c) and (e), Government Code, are
  amended to read as follows:
         (c)  In making a decision regarding the placement of a drug
  on each of the preferred drug lists, the commission shall consider:
               (1)  the recommendations of the Drug Utilization Review
  Board [Pharmaceutical and Therapeutics Committee established]
  under Section 531.0736 [531.074];
               (2)  the clinical efficacy of the drug;
               (3)  the price of competing drugs after deducting any
  federal and state rebate amounts; and
               (4)  program benefit offerings solely or in conjunction
  with rebates and other pricing information.
         (e)  In this subsection, "labeler" and "manufacturer" have
  the meanings assigned by Section 531.070. The commission shall
  ensure that:
               (1)  a manufacturer or labeler may submit written
  evidence supporting the inclusion of a drug on the preferred drug
  lists before a supplemental agreement is reached with the
  commission; and
               (2)  any drug that has been approved or has had any of
  its particular uses approved by the United States Food and Drug
  Administration under a priority review classification will be
  reviewed by the Drug Utilization Review Board [Pharmaceutical and
  Therapeutics Committee] at the next regularly scheduled meeting of
  the board [committee]. On receiving notice from a manufacturer or
  labeler of the availability of a new product, the commission, to the
  extent possible, shall schedule a review for the product at the next
  regularly scheduled meeting of the board [committee].
         (e)  Section 531.073(b), Government Code, is amended to read
  as follows:
         (b)  The commission shall establish procedures for the prior
  authorization requirement under the Medicaid vendor drug program to
  ensure that the requirements of 42 U.S.C. Section 1396r-8(d)(5) and
  its subsequent amendments are met. Specifically, the procedures
  must ensure that:
               (1)  a prior authorization requirement is not imposed
  for a drug before the drug has been considered at a meeting of the
  Drug Utilization Review Board [Pharmaceutical and Therapeutics
  Committee established] under Section 531.0736 [531.074];
               (2)  there will be a response to a request for prior
  authorization by telephone or other telecommunications device
  within 24 hours after receipt of a request for prior authorization;
  and
               (3)  a 72-hour supply of the drug prescribed will be
  provided in an emergency or if the commission does not provide a
  response within the time required by Subdivision (2).
         (f)  Section 531.0741, Government Code, is amended to read as
  follows:
         Sec. 531.0741.  PUBLICATION OF INFORMATION REGARDING
  COMMISSION DECISIONS ON PREFERRED DRUG LIST PLACEMENT. The
  commission shall publish on the commission's Internet website any
  decisions on preferred drug list placement, including:
               (1)  a list of drugs reviewed and the commission's
  decision for or against placement on a preferred drug list of each
  drug reviewed;
               (2)  for each recommendation, whether a supplemental
  rebate agreement or a program benefit agreement was reached under
  Section 531.070; and
               (3)  the rationale for any departure from a
  recommendation of the Drug Utilization Review Board
  [pharmaceutical and therapeutics committee established] under
  Section 531.0736 [531.074].
         (g)  Section 531.074, Government Code, as amended by S.B.
  219, Acts of the 84th Legislature, Regular Session, 2015, is
  repealed.
         (h)  The term of a member serving on the Medicaid Drug
  Utilization Review Board on January 1, 2016, expires on February
  29, 2016. Not later than March 1, 2016, the executive commissioner
  of the Health and Human Services Commission shall appoint the
  initial members to the Drug Utilization Review Board in accordance
  with Section 531.0736, Government Code, as added by this article,
  for terms beginning March 1, 2016. In making the initial
  appointments and notwithstanding Section 531.0736(e), Government
  Code, as added by this article, the executive commissioner shall
  designate as close to one-half as possible of the members to serve
  for terms expiring March 1, 2018, and the remaining members to serve
  for terms expiring March 1, 2020.
         (i)  Not later than February 1, 2016, and before making
  initial appointments to the Drug Utilization Review Board as
  provided by Subsection (h) of this section, the executive
  commissioner of the Health and Human Services Commission shall
  adopt and implement the application process required under Section
  531.0736(c-1), Government Code, as added by this article.
         (j)  Not later than May 1, 2016, and except as provided by
  Subsection (i) of this section, the executive commissioner of the
  Health and Human Services Commission shall adopt or amend rules as
  necessary to reflect the changes in law made to the Drug Utilization
  Review Board under Section 531.0736, Government Code, as added by
  this article, including rules that reflect the changes to the
  board's functions and composition.
         SECTION 3.09.  The heading to Subchapter D, Chapter 531,
  Government Code, is amended to read as follows:
  SUBCHAPTER D.  PLAN TO SUPPORT GUARDIANSHIPS [GUARDIANSHIP ADVISORY
  BOARD]
         SECTION 3.10.  Section 531.124, Government Code, is amended
  to read as follows:
         Sec. 531.124.  COMMISSION DUTIES.  The [(a)     With the advice
  of the advisory board, the] commission shall develop and, subject
  to appropriations, implement a plan to:
               (1)  ensure that each incapacitated individual in this
  state who needs a guardianship or another less restrictive type of
  assistance to make decisions concerning the incapacitated
  individual's own welfare and financial affairs receives that
  assistance; and
               (2)  foster the establishment and growth of local
  volunteer guardianship programs.
         [(b)     The advisory board shall biennially review and comment
  on the minimum standards adopted under Section 111.041 and the plan
  implemented under Subsection (a) and shall include its conclusions
  in the report submitted under Section 531.1235.]
         SECTION 3.11.  Section 531.907(a), Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  Based on [the recommendations of the advisory committee
  established under Section 531.904 and] feedback provided by
  interested parties, the commission in stage two of implementing the
  health information exchange system may expand the system by:
               (1)  providing an electronic health record for each
  child enrolled in the child health plan program;
               (2)  including state laboratory results information in
  an electronic health record, including the results of newborn
  screenings and tests conducted under the Texas Health Steps
  program, based on the system developed for the health passport
  under Section 266.006, Family Code;
               (3)  improving data-gathering capabilities for an
  electronic health record so that the record may include basic
  health and clinical information in addition to available claims
  information, as determined by the executive commissioner;
               (4)  using evidence-based technology tools to create a
  unique health profile to alert health care providers regarding the
  need for additional care, education, counseling, or health
  management activities for specific patients; and
               (5)  continuing to enhance the electronic health record
  created for each Medicaid recipient as technology becomes available
  and interoperability capabilities improve.
         SECTION 3.12.  Section 531.909, Government Code, is amended
  to read as follows:
         Sec. 531.909.  INCENTIVES. The commission [and the advisory
  committee established under Section 531.904] shall develop
  strategies to encourage health care providers to use the health
  information exchange system, including incentives, education, and
  outreach tools to increase usage.
         SECTION 3.13.  Section 533.00251(c), Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (c)  Subject to Section 533.0025 and notwithstanding any
  other law, the commission[, in consultation with the advisory
  committee,] shall provide benefits under Medicaid to recipients who
  reside in nursing facilities through the STAR + PLUS Medicaid
  managed care program.  In implementing this subsection, the
  commission shall ensure:
               (1)  that the commission is responsible for setting the
  minimum reimbursement rate paid to a nursing facility under the
  managed care program, including the staff rate enhancement paid to
  a nursing facility that qualifies for the enhancement;
               (2)  that a nursing facility is paid not later than the
  10th day after the date the facility submits a clean claim;
               (3)  the appropriate utilization of services
  consistent with criteria established by the commission;
               (4)  a reduction in the incidence of potentially
  preventable events and unnecessary institutionalizations;
               (5)  that a managed care organization providing
  services under the managed care program provides discharge
  planning, transitional care, and other education programs to
  physicians and hospitals regarding all available long-term care
  settings;
               (6)  that a managed care organization providing
  services under the managed care program:
                     (A)  assists in collecting applied income from
  recipients; and
                     (B)  provides payment incentives to nursing
  facility providers that reward reductions in preventable acute care
  costs and encourage transformative efforts in the delivery of
  nursing facility services, including efforts to promote a
  resident-centered care culture through facility design and
  services provided;
               (7)  the establishment of a portal that is in
  compliance with state and federal regulations, including standard
  coding requirements, through which nursing facility providers
  participating in the STAR + PLUS Medicaid managed care program may
  submit claims to any participating managed care organization;
               (8)  that rules and procedures relating to the
  certification and decertification of nursing facility beds under
  Medicaid are not affected; and
               (9)  that a managed care organization providing
  services under the managed care program, to the greatest extent
  possible, offers nursing facility providers access to:
                     (A)  acute care professionals; and
                     (B)  telemedicine, when feasible and in
  accordance with state law, including rules adopted by the Texas
  Medical Board.
         SECTION 3.14.  Section 533.00253, Government Code, is
  amended by amending Subsection (b), as amended by S.B. 219, Acts of
  the 84th Legislature, Regular Session, 2015, and Subsection (f) to
  read as follows:
         (b)  Subject to Section 533.0025, the commission shall, in
  consultation with the [advisory committee and the] Children's
  Policy Council established under Section 22.035, Human Resources
  Code, establish a mandatory STAR Kids capitated managed care
  program tailored to provide Medicaid benefits to children with
  disabilities.  The managed care program developed under this
  section must:
               (1)  provide Medicaid benefits that are customized to
  meet the health care needs of recipients under the program through a
  defined system of care;
               (2)  better coordinate care of recipients under the
  program;
               (3)  improve the health outcomes of recipients;
               (4)  improve recipients' access to health care
  services;
               (5)  achieve cost containment and cost efficiency;
               (6)  reduce the administrative complexity of
  delivering Medicaid benefits;
               (7)  reduce the incidence of unnecessary
  institutionalizations and potentially preventable events by
  ensuring the availability of appropriate services and care
  management;
               (8)  require a health home; and
               (9)  coordinate and collaborate with long-term care
  service providers and long-term care management providers, if
  recipients are receiving long-term services and supports outside of
  the managed care organization.
         (f)  The commission shall seek ongoing input from the
  Children's Policy Council regarding the establishment and
  implementation of the STAR Kids managed care program. This
  subsection expires on the date the Children's Policy Council is
  abolished under Section 22.035(n), Human Resources Code.
         SECTION 3.15.  Section 533.00254(f), Government Code, is
  amended to read as follows:
         (f)  On the first anniversary of the date the commission
  completes implementation of the STAR Kids Medicaid managed care
  program under Section 533.00253 [September 1, 2016]:
               (1)  the advisory committee is abolished; and
               (2)  this section expires.
         SECTION 3.16.  Section 533.00256(a), Government Code, is
  amended to read as follows:
         (a)  In consultation with [the Medicaid and CHIP
  Quality-Based Payment Advisory Committee established under Section
  536.002 and other] appropriate stakeholders with an interest in the
  provision of acute care services and long-term services and
  supports under the Medicaid managed care program, the commission
  shall:
               (1)  establish a clinical improvement program to
  identify goals designed to improve quality of care and care
  management and to reduce potentially preventable events, as defined
  by Section 536.001; and
               (2)  require managed care organizations to develop and
  implement collaborative program improvement strategies to address
  the goals.
         SECTION 3.17.  Section 534.053(g), Government Code, is
  amended to read as follows:
         (g)  On the one-year anniversary of the date the commission
  completes implementation of the transition required under Section
  534.202 [January 1, 2024]:
               (1)  the advisory committee is abolished; and
               (2)  this section expires.
         SECTION 3.18.  Section 535.053, Government Code, is amended
  by amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The interagency coordinating group for faith- and
  community-based initiatives is composed of each faith- and
  community-based liaison designated under Section 535.051 and a
  liaison from the State Commission on National and Community
  Service.  [The commission shall provide administrative support to
  the interagency coordinating group.]
         (a-1)  Service on the interagency coordinating group is an
  additional duty of the office or position held by each person
  designated as a liaison under Section 535.051(b). The state
  agencies described by Section 535.051(b) shall provide
  administrative support for the interagency coordinating group as
  coordinated by the presiding officer.
         SECTION 3.19.  Sections 535.055(a) and (b), Government Code,
  are amended to read as follows:
         (a)  The Texas Nonprofit Council is established to help
  direct the interagency coordinating group in carrying out the
  group's duties under this section.  The state agencies of the
  interagency coordinating group described by Section 535.051(b)
  [commission] shall provide administrative support to the council as
  coordinated by the presiding officer of the interagency
  coordinating group.
         (b)  The governor [executive commissioner], in consultation
  with the presiding officer of the interagency coordinating group,
  shall appoint as members of the council two representatives from
  each of the following groups and entities to represent each group's
  and entity's appropriate sector:
               (1)  statewide nonprofit organizations;
               (2)  local governments;
               (3)  faith-based groups, at least one of which must be a
  statewide interfaith group;
               (4)  community-based groups;
               (5)  consultants to nonprofit corporations; and
               (6)  statewide associations of nonprofit
  organizations.
         SECTION 3.20.  Section 535.104(a), Government Code, is
  amended to read as follows:
         (a)  The commission shall:
               (1)  contract with the State Commission on National and
  Community Service to administer funds appropriated from the account
  in a manner that:
                     (A)  consolidates the capacity of and strengthens
  national service and community and faith- and community-based
  initiatives; and
                     (B)  leverages public and private funds to benefit
  this state;
               (2)  develop a competitive process to be used in
  awarding grants from account funds that is consistent with state
  law and includes objective selection criteria;
               (3)  oversee the delivery of training and other
  assistance activities under this subchapter;
               (4)  develop criteria limiting awards of grants under
  Section 535.105(1)(A) to small and medium-sized faith- and
  community-based organizations that provide charitable services to
  persons in this state;
               (5)  establish general state priorities for the
  account;
               (6)  establish and monitor performance and outcome
  measures for persons to whom grants are awarded under this
  subchapter; and
               (7)  establish policies and procedures to ensure that
  any money appropriated from the account to the commission that is
  allocated to build the capacity of a faith-based organization or
  for a faith-based initiative[, including money allocated for the
  establishment of the advisory committee under Section 535.108,] is
  not used to advance a sectarian purpose or to engage in any form of
  proselytization.
         SECTION 3.21.  Section 536.001(20), Government Code, is
  amended to read as follows:
               (20)  "Potentially preventable readmission" means a
  return hospitalization of a person within a period specified by the
  commission that may have resulted from deficiencies in the care or
  treatment provided to the person during a previous hospital stay or
  from deficiencies in post-hospital discharge follow-up.  The term
  does not include a hospital readmission necessitated by the
  occurrence of unrelated events after the discharge.  The term
  includes the readmission of a person to a hospital for:
                     (A)  the same condition or procedure for which the
  person was previously admitted;
                     (B)  an infection or other complication resulting
  from care previously provided;
                     (C)  a condition or procedure that indicates that
  a surgical intervention performed during a previous admission was
  unsuccessful in achieving the anticipated outcome; or
                     (D)  another condition or procedure of a similar
  nature, as determined by the executive commissioner [after
  consulting with the advisory committee].
         SECTION 3.22.  Section 536.003(a), Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The commission[, in consultation with the advisory
  committee,] shall develop quality-based outcome and process
  measures that promote the provision of efficient, quality health
  care and that can be used in the child health plan program and
  Medicaid to implement quality-based payments for acute care
  services and long-term services and supports across all delivery
  models and payment systems, including fee-for-service and managed
  care payment systems.  Subject to Subsection (a-1), the commission,
  in developing outcome and process measures under this section, must
  include measures that are based on potentially preventable events
  and that advance quality improvement and innovation.  The
  commission may change measures developed:
               (1)  to promote continuous system reform, improved
  quality, and reduced costs; and
               (2)  to account for managed care organizations added to
  a service area.
         SECTION 3.23.  Section 536.004(a), Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  Using quality-based outcome and process measures
  developed under Section 536.003 and subject to this section, the
  commission, after consulting with [the advisory committee and
  other] appropriate stakeholders with an interest in the provision
  of acute care and long-term services and supports under the child
  health plan program and Medicaid, shall develop quality-based
  payment systems, and require managed care organizations to develop
  quality-based payment systems, for compensating a physician or
  other health care provider participating in the child health plan
  program or Medicaid that:
               (1)  align payment incentives with high-quality,
  cost-effective health care;
               (2)  reward the use of evidence-based best practices;
               (3)  promote the coordination of health care;
               (4)  encourage appropriate physician and other health
  care provider collaboration;
               (5)  promote effective health care delivery models; and
               (6)  take into account the specific needs of the child
  health plan program enrollee and Medicaid recipient populations.
         SECTION 3.24.  Section 536.006(a), Government Code, is
  amended to read as follows:
         (a)  The commission [and the advisory committee] shall:
               (1)  ensure transparency in the development and
  establishment of:
                     (A)  quality-based payment and reimbursement
  systems under Section 536.004 and Subchapters B, C, and D,
  including the development of outcome and process measures under
  Section 536.003; and
                     (B)  quality-based payment initiatives under
  Subchapter E, including the development of quality of care and
  cost-efficiency benchmarks under Section 536.204(a) and efficiency
  performance standards under Section 536.204(b);
               (2)  develop guidelines establishing procedures for
  providing notice and information to, and receiving input from,
  managed care organizations, health care providers, including
  physicians and experts in the various medical specialty fields, and
  other stakeholders, as appropriate, for purposes of developing and
  establishing the quality-based payment and reimbursement systems
  and initiatives described under Subdivision (1);
               (3)  in developing and establishing the quality-based
  payment and reimbursement systems and initiatives described under
  Subdivision (1), consider that as the performance of a managed care
  organization or physician or other health care provider improves
  with respect to an outcome or process measure, quality of care and
  cost-efficiency benchmark, or efficiency performance standard, as
  applicable, there will be a diminishing rate of improved
  performance over time; and
               (4)  develop web-based capability to provide managed
  care organizations and health care providers with data on their
  clinical and utilization performance, including comparisons to
  peer organizations and providers located in this state and in the
  provider's respective region.
         SECTION 3.25.  Section 536.052(b), Government Code, is
  amended to read as follows:
         (b)  The commission[, after consulting with the advisory
  committee,] shall develop quality of care and cost-efficiency
  benchmarks, including benchmarks based on a managed care
  organization's performance with respect to reducing potentially
  preventable events and containing the growth rate of health care
  costs.
         SECTION 3.26.  Section 536.102(a), Government Code, is
  amended to read as follows:
         (a)  Subject to this subchapter, the commission[, after
  consulting with the advisory committee,] may develop and implement
  quality-based payment systems for health homes designed to improve
  quality of care and reduce the provision of unnecessary medical
  services.  A quality-based payment system developed under this
  section must:
               (1)  base payments made to a participating enrollee's
  health home on quality and efficiency measures that may include
  measurable wellness and prevention criteria and use of
  evidence-based best practices, sharing a portion of any realized
  cost savings achieved by the health home, and ensuring quality of
  care outcomes, including a reduction in potentially preventable
  events; and
               (2)  allow for the examination of measurable wellness
  and prevention criteria, use of evidence-based best practices, and
  quality of care outcomes based on the type of primary or specialty
  care provider practice.
         SECTION 3.27.  Section 536.152(a), Government Code, is
  amended to read as follows:
         (a)  Subject to Subsection (b), using the data collected
  under Section 536.151 and the diagnosis-related groups (DRG)
  methodology implemented under Section 536.005, if applicable, the
  commission[, after consulting with the advisory committee,] shall
  to the extent feasible adjust child health plan and Medicaid
  reimbursements to hospitals, including payments made under the
  disproportionate share hospitals and upper payment limit
  supplemental payment programs, based on the hospital's performance
  with respect to exceeding, or failing to achieve, outcome and
  process measures developed under Section 536.003 that address the
  rates of potentially preventable readmissions and potentially
  preventable complications.
         SECTION 3.28.  Section 536.202(a), Government Code, is
  amended to read as follows:
         (a)  The commission shall[, after consulting with the
  advisory committee,] establish payment initiatives to test the
  effectiveness of quality-based payment systems, alternative
  payment methodologies, and high-quality, cost-effective health
  care delivery models that provide incentives to physicians and
  other health care providers to develop health care interventions
  for child health plan program enrollees or Medicaid recipients, or
  both, that will:
               (1)  improve the quality of health care provided to the
  enrollees or recipients;
               (2)  reduce potentially preventable events;
               (3)  promote prevention and wellness;
               (4)  increase the use of evidence-based best practices;
               (5)  increase appropriate physician and other health
  care provider collaboration;
               (6)  contain costs; and
               (7)  improve integration of acute care services and
  long-term services and supports, including discharge planning from
  acute care services to community-based long-term services and
  supports.
         SECTION 3.29.  Section 536.204(a), Government Code, is
  amended to read as follows:
         (a)  The executive commissioner shall[:
               [(1)  consult with the advisory committee to] develop
  quality of care and cost-efficiency benchmarks and measurable goals
  that a payment initiative must meet to ensure high-quality and
  cost-effective health care services and healthy outcomes[; and
               [(2)     approve benchmarks and goals developed as
  provided by Subdivision (1)].
         SECTION 3.30.  Section 536.251(a), Government Code, is
  amended to read as follows:
         (a)  Subject to this subchapter, the commission, after
  consulting with [the advisory committee and other] appropriate
  stakeholders representing nursing facility providers with an
  interest in the provision of long-term services and supports, may
  develop and implement quality-based payment systems for Medicaid
  long-term services and supports providers designed to improve
  quality of care and reduce the provision of unnecessary services.  A
  quality-based payment system developed under this section must base
  payments to providers on quality and efficiency measures that may
  include measurable wellness and prevention criteria and use of
  evidence-based best practices, sharing a portion of any realized
  cost savings achieved by the provider, and ensuring quality of care
  outcomes, including a reduction in potentially preventable events.
         SECTION 3.31.  Section 538.052(a), Government Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  Subject to Subsection (b), the commission shall solicit
  and accept suggestions for clinical initiatives, in either written
  or electronic form, from:
               (1)  a member of the state legislature;
               (2)  the executive commissioner;
               (3)  the commissioner of aging and disability services;
               (4)  the commissioner of state health services;
               (5)  the commissioner of the Department of Family and
  Protective Services;
               (6)  the commissioner of assistive and rehabilitative
  services;
               (7)  the medical care advisory committee established
  under Section 32.022, Human Resources Code; and
               (8)  the physician payment advisory committee created
  under Section 32.022(d), Human Resources Code[; and
               [(9)     the Electronic Health Information Exchange
  System Advisory Committee established under Section 531.904].
         SECTION 3.32.  Section 98.1046(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The [In consultation with the Texas Institute of Health
  Care Quality and Efficiency under Chapter 1002, the] department,
  using data submitted under Chapter 108, shall publicly report for
  hospitals in this state risk-adjusted outcome rates for those
  potentially preventable complications and potentially preventable
  readmissions that the department[, in consultation with the
  institute,] has determined to be the most effective measures of
  quality and efficiency.
         SECTION 3.33.  Section 98.1047(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The [In consultation with the Texas Institute of Health
  Care Quality and Efficiency under Chapter 1002, the] department
  shall study which adverse health conditions commonly occur in
  long-term care facilities and, of those health conditions, which
  are potentially preventable.
         SECTION 3.34.  Section 98.1065, Health and Safety Code, is
  amended to read as follows:
         Sec. 98.1065.  STUDY OF INCENTIVES AND RECOGNITION FOR
  HEALTH CARE QUALITY.  The department[, in consultation with the
  Texas Institute of Health Care Quality and Efficiency under Chapter
  1002,] shall conduct a study on developing a recognition program to
  recognize exemplary health care facilities for superior quality of
  health care and make recommendations based on that study.
         SECTION 3.35.  Section 22.035, Human Resources Code, is
  amended by adding Subsection (n) to read as follows:
         (n)  The work group is abolished and this section expires
  September 1, 2017.
         SECTION 3.36.  (a)  Section 32.022(b), Human Resources
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (b)  The executive commissioner shall appoint the committee
  in compliance with the requirements of the federal agency
  administering medical assistance. The appointments shall:
               (1)  provide for a balanced representation of the
  general public, providers, consumers, and other persons, state
  agencies, or groups with knowledge of and interest in the
  committee's field of work; and
               (2)  include one member who is the representative of a
  managed care organization.