Sec. 264.172. OFFICE OF COMMUNITY-BASED CARE TRANSITION. (a) In this section:
(1) "Department" means the Department of Family and Protective Services.
(2) "Office" means the Office of Community-Based Care Transition created under this section.
(b) The Office of Community-Based Care Transition is a state agency independent of but administratively attached to the department.
(c) The office shall:
(1) assess catchment areas in this state where community-based care services may be implemented;
(2) develop a plan for implementing community-based care in each catchment area in this state, including the order in which community-based care will be implemented in each catchment area and a timeline for implementation;
(3) evaluate community-based care providers;
(4) contract, on behalf of the department, with community-based care providers to provide services in each catchment area in this state;
(5) measure contract performance of community-based care providers;
(6) provide contract oversight of community-based care providers;
(7) report outcomes of community-based care providers;
(8) identify the employees and other resources to be transferred to the community-based care provider to provide the necessary implementation, case management, operational, and administrative functions and outline the methodology for determining the employees and resources to be transferred;
(9) create a risk-sharing funding model that strategically and explicitly balances financial risk between this state and the community-based care provider and mitigates the financial effects of significant unforeseen changes in the community-based care provider's duties or the population of the region it serves; and
(10) require the annual review and adjustment of the funding based on updated cost and finance methodologies, including changes in policy, foster care rates, and regional service usage.
(d) The department shall provide any administrative support the office needs, and the department and the Health and Human Services Commission shall provide access to any information and legal counsel the office requires to implement community-based care.
(e) The governor shall appoint the director of the office to serve in that capacity at the pleasure of the governor. The director reports directly to the governor.
(f) The office shall report to the legislature at least once each calendar quarter regarding the implementation of community-based care in the state.
(g) A provision of this subchapter applicable to the department with respect to any duty assigned by this section to the office applies to the office in the same manner as the provision would apply to the department.
(h) Except as otherwise provided by this section, the department retains the powers and duties provided by this subchapter to the department.
(i) The office is abolished and this section expires on the date that community-based care is implemented in the last department region in this state.
Added by Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 12, eff. June 14, 2021.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Chapter 264 - Child Welfare Services
Subchapter B. -1. Community-Based Care
Section 264.151. Legislative Intent
Section 264.153. Community-Based Care Implementation Plan
Section 264.154. Qualifications of Single Source Continuum Contractor; Selection
Section 264.155. Required Contract Provisions
Section 264.156. Readiness Review Process for Community-Based Care Contractor
Section 264.157. Expansion of Community-Based Care
Section 264.158. Transfer of Case Management Services to Single Source Continuum Contractor
Section 264.159. Data Access and Standards Governance Council
Section 264.160. Liability Insurance Requirements
Section 264.161. Statutory Duties Assumed by Contractor
Section 264.162. Review of Contractor Performance
Section 264.163. Continuing Duties of Department
Section 264.164. Confidentiality
Section 264.165. Notice Required for Early Termination of Contract
Section 264.166. Contingency Plan in Event of Early Contract Termination
Section 264.167. Attorney-Client Privilege
Section 264.168. Review of Contractor Recommendations by Department
Section 264.1691. Study of Options for Implementing Family Preservation Services
Section 264.170. Limited Liability for Single Source Continuum Contractor and Related Personnel
Section 264.171. Joint Legislative Oversight Committee on Community-Based Care Transition