Current through Reg. 49, No. 38; September 20, 2024
(a) Statutory authority. The Texas Council on
Consumer Direction (the Council) is established in accordance with Texas
Government Code §
RSA
531.012.
(b) Purpose. The Council advises HHSC on the
development, implementation, expansion, and delivery of services through
consumer direction in all programs offering long-term services and supports
that enhances a consumer's ability to have freedom and exercise control and
authority over the consumer's choices, regardless of age or
disability.
(c) Tasks.
(1) The Council makes recommendations to HHSC
to:
(A) expand the delivery of services
through consumer direction to other programs serving persons with disabilities
and elderly persons under Texas Government Code Chapter 531, Subchapter
B;
(B) expand the array of services
delivered through consumer direction;
(C) increase the use of consumer direction
models by consumers;
(D) optimize
consumer choice of Financial Management Services Agencies (FMSAs);
(E) expand access to support advisors for
consumers receiving long-term care services and supports through consumer
direction;
(F) monitor and analyze
research for best practices in self-determination, consumer direction, and
training;
(G) provide guidance and
support to consumer outreach efforts; and
(H) increase informed choices, opportunities,
and supports as a means to lead self-determined lives through the use of
consumer direction models.
(2) The Council performs other tasks
consistent with its purpose as requested by the Executive
Commissioner.
(d)
Reporting requirements. The Council files an annual written report to the
Executive Commissioner no later than December 31 that covers the meetings and
activities in the immediately preceding fiscal year . The report includes:
(1) a list of the meeting dates;
(2) the members' attendance
records;
(3) a brief description of
actions taken by the Council, including staff and member orientation, training,
strategic planning, retention, and evaluation efforts;
(4) a description of how the Council
accomplished its tasks;
(5) a
summary of the status of any rules that the Council recommended to
HHSC;
(6) a description of
activities the Council anticipates undertaking in the next fiscal
year;
(7) recommended amendments to
this section; and
(8) the costs
related to the Council, including the cost of HHSC staff time spent supporting
the Council's activities and the source of funds used to support the Council's
activities.
(e) Open
meetings. The Council complies with the requirements for open meetings under
Texas Government Code Chapter 551 as if it were a governmental body.
(f) Membership.
(1) The Council consists of no more than 17
voting members and seven nonvoting members.
(2) Voting members.
(A) Each member is appointed by the Executive
Commissioner.
(B) Council
membership must include:
(i) three members to
serve as consumers or potential consumers of the array of services provided
through consumer direction;
(ii)
two members to serve as advocates for elderly persons who are consumers of the
array of services provided to elderly persons through consumer direction;
(iii) two members to serve as
advocates for persons with disabilities who are consumers of the array of
services provided to persons with disabilities through consumer
direction;
(iv) three members to
represent financial management services agencies providing services through
consumer direction;
(v) one member
to represent a STAR+PLUS managed care organization;
(vi) one member to represent a STAR Kids
managed care organization;
(vii)
one member who serves as a mental health services advocate for consumers who
receive consumer-directed services;
(viii) one member who represents a Local
Intellectual and Developmental Disability Authority (LIDDA) for consumers who
receive consumer-directed services;
(ix) one member with experience providing
personal care attendants for consumers who receive consumer-directed
services;
(x) one member to serve
as an advocate for pediatric consumers or potential consumers of the array of
services provided through consumer direction; and
(xi) one member to represent family members
of pediatric consumers or potential consumers of the array of services provided
through consumer direction.
(C) A majority of the members of the Council
must be composed of consumers and advocates.
(D) Council membership must include, to the
extent possible, individuals representing a range of ages and disabilities,
including:
(i) individuals with an
intellectual disability or related condition;
(ii) individuals with a physical disability;
(iii) individuals who are age 65
or older;
(iv) individuals with
mental health needs; and
(v)
individuals with children with high medical needs.
(3) Nonvoting members.
(A) Each nonvoting member is appointed by his
or her respective agency as follows:
(i) two
representatives with an expertise in consumer direction from HHSC or another
state agency as considered necessary by the Executive Commissioner;
(ii) two representatives from the Texas
Workforce Commission, one representing state unemployment and one representing
employment services for individuals with disabilities;
(iii) one representative with expertise on
managed care organizations from HHSC or another state agency as considered
necessary by the Executive Commissioner;
(iv) one representative of the Texas
Department of Family and Protective Services; and
(v) one representative with expertise in
mental health from HHSC or another state agency as considered necessary by the
Executive Commissioner.
(B) Additional nonvoting members may be
added, as considered necessary by the Executive Commissioner and/or the
Council, so long as the Council's total membership does not exceed
24.
(4) Except as
necessary to stagger terms, each member is appointed to serve a term of four
calendar years.
(g)
Chairs.
(1) The Council selects a Chair and
Vice-Chair from among its voting members.
(2) The Chair serves until December 31 of
each even-numbered year. The Vice-Chair serves until December 31 of each
odd-numbered year.
(3) A member
serves no more than two consecutive terms as Chair or Vice-Chair.
(h) Required Training. Each member
shall complete all training on relevant statutes and rules, including this
section and §
RSA
351.801 of this subchapter (relating to
Authority and General Provisions) and Texas Government Code §
RSA 531.012, and
Texas Government Code Chapters 551 and 2110. HHSC will provide the
training.
(i) Abolition. The
Council is abolished, and this section expires, on July 31, 2024.
