Legislative Blog

J.B. Williams, J.D.

2 bills that modify the Human Resources Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 4169 - Shifting the focus of programs to provide more generalized training that make the individual more employable for multiple types of jobs.

SB 593 - Ensuring an independent review the Department of Family Services rules and regulations governing child-care facilities, including foster homes, relative caregivers, and group homes.

2 bills that modify the Human Resources Code

Published: 2024-04-16

HB 4169

Providing prevocational or similar services under Medicaid waiver programs

Prevocational services are those meant to prepare an individual for paid or unpaid work and achieve generalized results rather than job-task oriented results. They should be designed to provide assistance to achieve competitive integrated employment in the community at or above the minimum wage. The commission shall apply for an work with federal agencies to receive a waiver for this type of assistance program. Once the waiver is received:

1. the reimbursement rate for the service may not exceed the reimbursement rate for individual skills and socialization services; and
2. if it is combined with individual skills and socialization, then the total hours may not exceed the allowable hours or the total costs may not exceed those provided under the plan

The commission shall monitor such programs for compliance.

SB 593

An independent assessment of the Health and Human Services Commission's and the Department of Family and Protective Services' rule, minimum standards, and contract requirements that apply to certain residential child-care providers

No later than 3/31/24, the commission shall contract with an independent entity that has expertise in evaulating state child welfare systems so that they can condct statistical and operational analysis of:

1. the commission's and the department's rules, minimum standards, and contract requirements for child-placing agencies, residential child-care facilities including foster homes, relative caregivers, and adoptive homes;
2. the standards or oversight requirements prescribed by law and determine:
   • relevance of the standard requirement;
   • if the standard requirement complies with federal laws, rules or guidelines;
   • if the standard requirement is the best practice

No later than 9/30,2024, the independent entity shall complete the assessment and submit to the commissioner and the department a report that inlcudes the findings and recommendations for:

1. simplifying the minimum standards for the purpose of:
   • prioritizing the health, safety, and well-being of children residing in residential child-care facilities, including foster home or the home of relative caregiver or adoptive parents;
   • reduce barriers to opening a child-placing agency or residential child-care facilities or becoming a relative caregiver, foster parent, or adoptive parent;
2. adjust the commission's system for assigning weights to minimum standards to ensure the system is methodical, consistent, and reflective of a strategic model for increasing the focus on health, safety, and well-being of children residing in residential child-care facilities, including a foster home or home of a relative caregiver or an adoptive parent; including an explanation of the recommended adjustments;
3. it should consider the model licensing standards put out by the Administration for Children and Families of the United States Department of Health and Human Services;
4. eliminating any minimum standards that are weighted low, medium-low, or medium by the commission and are not directly related to child safety;
5. address any licensing, training, or oversight requirements that impair retention of high-quality residential child-care facilities;
6. update licensing standards to prioritize health, safety, and well-being of children residing in residential child-care facilities and reduce barriers to hiring and retention of high-quality leadership, administrators, and staff at those facilities;
7. providing the maximum flexibility in applying standards to ensure services are responding to the needs of each individual child residing in a residential child-care facility;
8. defining the commission's and the department's role in licensing, investigating, contract oversight, and other regulatory activity to eliminate duplicate functions; and
9. promoting transparency and clarity of the commission's and the department's expectations for child-placing agencies.

The independent agency shall also make recommendations for legislative actions. They shall solicit and consider the input of relevant stakeholders, including those affected by the commission's or the department's rules, minimum standards, and contract requirements. The commission shall publish the report on the commission's Internet website and submit a copy to the Governor, Lieutenant Governor, speaker of the house of representatives, and the standing committee of each house of the legislature with primary jurisdiction over the commission.

Not later than 90 days after the commission receives the report, in collaboration with the department, it shall submit to the governor, lieutenant governor, speaker of the house of representatives, and standing committee of each house a report that includes a description of:

1. the commission's and the department's plan to implement the recommendations; and
2. any recommendations the commission or department decide to not implement with a written justification for not implementing it

This section automatically expires 9/1/2025. So the law will nicely clean itself up.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.