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Texas Statutes (Last Updated: January 4, 2014) |
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HUMAN RESOURCES CODE |
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Title 11. AGING, COMMUNITY-BASED, AND LONG-TERM CARE SERVICES |
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Chapter 161. DEPARTMENT OF AGING AND DISABILITY SERVICES |
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Subchapter D. POWERS AND DUTIES OF DEPARTMENT |
Sec. 161.079. INFORMAL CAREGIVER SERVICES
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(a) In this section:
(1) "Area agency on aging" has the meaning assigned by Section 161.075.
(2) "Local entity" means an area agency on aging or other entity that provides services and support for older or disabled persons and their caregivers.
(b) The department shall coordinate with area agencies on aging and, to the extent considered feasible by the department, may coordinate with other local entities to coordinate public awareness outreach efforts regarding the role of informal caregivers in long-term care situations, including efforts to raise awareness of support services available in this state for informal caregivers.
(c) The department shall perform the following duties to assist a local entity with outreach efforts under this section:
(1) expand an existing department website to provide a link through which a local entity may post and access best practices information regarding informal caregiver support; and
(2) create a document template that a local entity may adapt as necessary to reflect resources available to informal caregivers in the area supported by the entity.
(d) The department shall create or modify a form to be included in the functional eligibility determination process for long-term care benefits for older persons under the Medicaid program and, to the extent considered feasible by the department, may include a form in systems for other long-term care support services. The department shall use the form to identify informal caregivers for the purpose of enabling the department to refer the caregivers to available support services. The form may be based on an existing form, may include optional questions for an informal caregiver, or may include questions from similar forms used in other states.
(e) The department shall coordinate with area agencies on aging and, to the extent considered feasible by the department, may coordinate with other local entities to develop and implement a protocol to evaluate the needs of certain informal caregivers. The protocol must:
(1) provide guidance on the type of caregivers who should receive an assessment; and
(2) include the use of a standardized assessment tool that may be based on similar tools used in other states, including the Tailored Caregiver Assessment and Referral process.
(f) The department shall require area agencies on aging and, to the extent considered feasible by the department, other local entities to use the protocol and assessment tool under Subsection (e) and report the data gathered from the assessment tool to the department.
(g) The department shall analyze the data reported under Subsection (f) and collected from the form under Subsection (d) and shall submit a report not later than December 1 of each even-numbered year to the governor and the Legislative Budget Board that summarizes the data analysis.
(g-1) Notwithstanding Subsection (g), the department shall submit the initial report required by that subsection not later than December 1, 2012. This subsection expires January 1, 2013.
(h) The department shall use the data analyzed under Subsection (g) to:
(1) evaluate the needs of assessed informal caregivers;
(2) measure the effectiveness of certain informal caregiver support interventions;
(3) improve existing programs;
(4) develop new services as necessary to sustain informal caregivers; and
(5) determine the effect of informal caregiving on employment and employers.