Sec. 22.035. CHILDREN'S POLICY COUNCIL

(a) A work group to be known as the Children's Policy Council shall assist the department, the commissioner of health and human services, the Texas Department of Health, the Texas Department of Mental Health and Mental Retardation, and the Department of Protective and Regulatory Services in developing, implementing, and administering family support policies and related long-term care and health programs for children.

(b) The commissioner of health and human services shall appoint the members of the work group, which must include the following:

(1) a person who is younger than 22 years of age and is a consumer of long-term care and health programs for children;

(2) relatives of consumers of long-term care and health programs for children;

(3) a representative from an organization that is an advocate for consumers of long-term care and health programs for children;

(4) a representative from a state agency that provides long-term care and health programs for children;

(5) a person from a private entity that provides long-term care and health programs for children;

(6) a person from a public entity that provides long-term care and health programs for children;

(7) a person with expertise in the availability of funding and the application of funding formulas for children's long-term care and health services;

(8) a representative from a faith-based organization;

(9) a representative from a nonspecialized community services organization; and

(10) a representative from a business that is not related to providing services to persons with disabilities.

(c) A majority of the members of the work group must be composed of relatives of consumers of long-term care and health programs for children.

(d) A person may not be appointed as a relative of a consumer of long-term care and health programs for children if the person:

(1) is an employee of a state agency that provides long-term care or health services for children; or

(2) contracts with a state agency described by Subdivision (1) to provide long-term care or health services for children.

(e) The department and the Texas Department of Health shall equally provide administrative support, including staff, to the work group.

(f) A member of the work group serves at the will of the commissioner of health and human services.

(g) The commissioner of health and human services shall appoint a member of the work group to serve as a presiding officer.

(h) The work group shall meet at the call of the presiding officer.

(i) A member of the work group receives no additional compensation for serving on the work group. Consumers and relatives of consumers serving on the work group shall be reimbursed for travel and other expenses necessary for participation as provided in the General Appropriations Act. Other members of the work group may not be reimbursed for travel or other expenses incurred while conducting the business of the work group. Reimbursement under this subsection shall be paid equally out of funds appropriated to the department and funds appropriated to the Texas Department of Health.

(j) The work group shall study and make recommendations in the following areas:

(1) access of a child or a child's family to effective case management services, including case management services with a single case manager, parent case managers, or independent case managers;

(2) the transition needs of children who reach an age at which they are no longer eligible for services at the Texas Department of Health, the Texas Education Agency, and other applicable state agencies;

(3) the blending of funds, including case management funding, for children needing long-term care and health services;

(4) collaboration and coordination of children's services between the department, the Texas Department of Health, the Texas Department of Mental Health and Mental Retardation, and any other agency determined to be applicable by the work group;

(5) budgeting and the use of funds appropriated for children's long-term care services and children's health services;

(6) services and supports for families providing care for children with disabilities;

(7) effective permanency planning for children who reside in institutions or who are at risk of placement in an institution;

(8) barriers to enforcement of regulations regarding institutions that serve children with disabilities; and

(9) the provision of services under the medical assistance program to children younger than 23 years of age with disabilities or special health care needs under a waiver granted under Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)).

(k) Not later than September 1 of each even-numbered year, the work group shall report on its findings and recommendations to the legislature and the commissioner of health and human services.

(l) After evaluating and considering recommendations reported under Subsection (k), the Health and Human Services Commission shall adopt rules to implement guidelines for providing long-term care and health services to children.

(m) The work group is not subject to Chapter 2110, Government Code.

Added by Acts 1999, 76th Leg., ch. 1505, Sec. 1.04, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 198, Sec. 1, eff. Sept. 1, 2001.