| (a) Statutory authority. The Texas Council on Consumer
Direction (the Council) is established in accordance with Texas Government
Code §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 §351.801
of this subchapter (relating to Authority and General Provisions)
and Texas Government Code §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.
|
