HUMAN RESOURCES CODETITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICESSUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICESCHAPTER 45. CONTRACTS FOR SUBSTITUTE CARE AND CASE MANAGEMENT SERVICESFor expiration of this chapter, see Section 45.153.SUBCHAPTER A. GENERAL PROVISIONSSec. 45.001. DEFINITIONS. In this chapter:(1) "Case management services" has the meaning assigned by Section 264.106, Family Code.(2) "Commission" means the Health and Human Services Commission.(3) "Department" means the Department of Family and Protective Services.(4) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(5) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(6) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(7) "Performance-based contracting" means the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes. Contracts may also include provisions that link the performance of the contractor to the level and timing of reimbursement.(8) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(9) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(10) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(11) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(12) "Substitute care provider" has the meaning assigned by Section 264.106, Family Code.(13) "Substitute care services" has the meaning assigned by Section 264.106, Family Code.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 44, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Sec. 45.002. CONTRACTS FOR CASE MANAGEMENT SERVICES; DEPARTMENT DUTIES. (a) Not later than September 1, 2008, the department shall contract with one or more providers of case management services in one or more geographic areas of the state as provided by Section 264.106, Family Code, with a goal of contracting for those services in five percent of the cases in this state.(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(c) The department shall:(1) monitor the quality of services for which the department contracts under this chapter;(2) ensure that the services are provided in accordance with federal law and the laws of this state, including department rules and rules of the Department of State Health Services and the Texas Commission on Environmental Quality; and(3) ensure that all substitute care and case management service providers, to the extent possible, honor the cultural and religious affiliations of a child placed in the service provider's care, regardless of the religious affiliation of the service provider.(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 45, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 46, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Sec. 45.003. HIRING PREFERENCE. A substitute care or case management services provider that contracts with the department to provide substitute care or case management services shall:(1) give a preference in hiring to qualified department employees in good standing with the department who provide substitute care or case management services and whose positions with the department may be eliminated as a result of the privatization of substitute care and case management services; and(2) ensure that each subcontractor with whom the substitute care or case management services provider contracts for the provision of substitute care or case management services also gives a preference in hiring to current and former qualified department employees whose positions with the department may be or were eliminated as a result of the privatization of substitute care and case management services.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.004. DEPARTMENT DATA SYSTEM DUTIES. Subject to the appropriation of funds, the department shall:(1) enhance existing data systems to include contract performance information; and(2) implement a contracting data system developed or procured by the department, to track quality assurance and other contracting tools to effectively manage, monitor, and evaluate performance-based contracting functions.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 47, eff. September 1, 2007.
Sec. 45.005. PROVISION OF SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES BY CERTAIN PERSONS. Notwithstanding any other law, the department or an independent administrator may contract with a child welfare board established under Section 264.005, Family Code, a local governmental board granted the powers and duties of a child welfare board under state law, or a children's advocacy center established under Section 264.402, Family Code, for the provision of substitute care and case management services in this state if the board or center provided direct substitute care or case management services under a contract with the department before September 1, 2006.
Added by Acts 2007, 80th Leg., R.S., Ch. 526, Sec. 5, eff. June 16, 2007.
Sec. 45.006. VALUE-ADDED SERVICES. A substitute care or case management services provider that contracts with the department or an independent administrator to provide substitute care or case management services may provide value-added services that supplement the substitute care or case management services required to be provided under the contract.
Added by Acts 2007, 80th Leg., R.S., Ch. 526, Sec. 5, eff. June 16, 2007.
SUBCHAPTER B. DEPARTMENT DUTIESSec. 45.051. REORGANIZING STAFF RESPONSIBILITIES. Not later than March 1, 2006, the department shall develop a plan for reorganizing the department's operation to support future procurement of, contracting with, and monitoring of private contractors and enforcement of the licensing of facilities. The plan must include provisions for reducing duplication of the department's program monitoring activities.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.054. EVALUATION OF CASE MANAGEMENT SERVICES. (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(c) Not later than the second anniversary of the date the department enters into the first contract for case management services under a pilot program described by this chapter and Section 264.106, Family Code, the department shall contract with a qualified, independent third party to evaluate the pilot program. Each evaluation must:(1) assess the performance of case management services based on compliance with defined quality outcomes for children;(2) assess the achievement of performance measures;(3) compare for quality the performance of case management services provided by contractors to case management services provided by the department;(4) determine if contracted services are cost beneficial; and(5) assess the contractor's ability to meet the performance measures.(d) The independent third party with whom the department contracts under Subsection (c) shall submit its reports and recommendations to the House Human Services Committee, or its successor, and the Senate Health and Human Services Committee, or its successor, not later than September 1, 2010.(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 48, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 49, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
SUBCHAPTER C. TRANSITION PLANSec. 45.101. GOALS FOR CONTRACTING. In contracting for substitute care and case management services, the department's goals shall be:(1) improving protective services;(2) achieving timely permanency for children in substitute care, including family reunification, placement with a relative, or adoption; and(3) improving the overall well-being of children in substitute care consistent with federal and state mandates.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 50, eff. September 1, 2007.
SUBCHAPTER D. MISCELLANEOUS PROVISIONSSec. 45.151. PROHIBITION ON CERTAIN CONTRACTS. (a) The department may not accept a bid under this chapter from a person or award to a person a contract under this chapter that includes proposed financial participation by the person if:(1) the person participated in preparing the bid specifications or request for proposals on which the bid or contract is based; and(2) the bid specifications or request for proposals on which the bid or contract is based:(A) requires a work plan, project design, or other criteria for participation in the contract that is specific to that person or likely to limit or exclude competitors who provide similar goods or services; or(B) includes a scope of required goods or services that is so narrowly defined that it is specific to that person or likely to limit or exclude competitors who provide similar goods or services.(b) The department may not accept a bid under this chapter from or award a contract under this chapter to an individual or business entity that is barred from participating in state contracts under Section 2155.077, Government Code.(c) The department may not accept a bid under this chapter from or award a contract under this chapter to an individual or business entity that was awarded a contract valued at $1 billion or more during the four-year period immediately before the date of the issuance of relevant requests for proposals under Section 45.054.(d) If the department determines that an individual or business entity holding a contract under this chapter was ineligible to have the contract accepted or awarded under Subsection (a), (b), or (c), the department may immediately terminate the contract without further obligation to the vendor.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.152. SUBCONTRACTOR PAYMENT. The existence of a dispute between the department and a contractor regarding a contract under this chapter does not justify nonpayment of a subcontractor for work completed by the subcontractor under the contract if the subcontractor has completed the work in a satisfactory manner and the work has been approved by the department and the contractor.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.153. EXPIRATION. This chapter expires September 1, 2012.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
HUMAN RESOURCES CODETITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICESSUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICESCHAPTER 45. CONTRACTS FOR SUBSTITUTE CARE AND CASE MANAGEMENT SERVICESFor expiration of this chapter, see Section 45.153.SUBCHAPTER A. GENERAL PROVISIONSSec. 45.001. DEFINITIONS. In this chapter:(1) "Case management services" has the meaning assigned by Section 264.106, Family Code.(2) "Commission" means the Health and Human Services Commission.(3) "Department" means the Department of Family and Protective Services.(4) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(5) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(6) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(7) "Performance-based contracting" means the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes. Contracts may also include provisions that link the performance of the contractor to the level and timing of reimbursement.(8) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(9) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(10) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(11) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(12) "Substitute care provider" has the meaning assigned by Section 264.106, Family Code.(13) "Substitute care services" has the meaning assigned by Section 264.106, Family Code.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 44, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Sec. 45.002. CONTRACTS FOR CASE MANAGEMENT SERVICES; DEPARTMENT DUTIES. (a) Not later than September 1, 2008, the department shall contract with one or more providers of case management services in one or more geographic areas of the state as provided by Section 264.106, Family Code, with a goal of contracting for those services in five percent of the cases in this state.(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(c) The department shall:(1) monitor the quality of services for which the department contracts under this chapter;(2) ensure that the services are provided in accordance with federal law and the laws of this state, including department rules and rules of the Department of State Health Services and the Texas Commission on Environmental Quality; and(3) ensure that all substitute care and case management service providers, to the extent possible, honor the cultural and religious affiliations of a child placed in the service provider's care, regardless of the religious affiliation of the service provider.(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 45, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 46, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Sec. 45.003. HIRING PREFERENCE. A substitute care or case management services provider that contracts with the department to provide substitute care or case management services shall:(1) give a preference in hiring to qualified department employees in good standing with the department who provide substitute care or case management services and whose positions with the department may be eliminated as a result of the privatization of substitute care and case management services; and(2) ensure that each subcontractor with whom the substitute care or case management services provider contracts for the provision of substitute care or case management services also gives a preference in hiring to current and former qualified department employees whose positions with the department may be or were eliminated as a result of the privatization of substitute care and case management services.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.004. DEPARTMENT DATA SYSTEM DUTIES. Subject to the appropriation of funds, the department shall:(1) enhance existing data systems to include contract performance information; and(2) implement a contracting data system developed or procured by the department, to track quality assurance and other contracting tools to effectively manage, monitor, and evaluate performance-based contracting functions.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 47, eff. September 1, 2007.
Sec. 45.005. PROVISION OF SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES BY CERTAIN PERSONS. Notwithstanding any other law, the department or an independent administrator may contract with a child welfare board established under Section 264.005, Family Code, a local governmental board granted the powers and duties of a child welfare board under state law, or a children's advocacy center established under Section 264.402, Family Code, for the provision of substitute care and case management services in this state if the board or center provided direct substitute care or case management services under a contract with the department before September 1, 2006.
Added by Acts 2007, 80th Leg., R.S., Ch. 526, Sec. 5, eff. June 16, 2007.
Sec. 45.006. VALUE-ADDED SERVICES. A substitute care or case management services provider that contracts with the department or an independent administrator to provide substitute care or case management services may provide value-added services that supplement the substitute care or case management services required to be provided under the contract.
Added by Acts 2007, 80th Leg., R.S., Ch. 526, Sec. 5, eff. June 16, 2007.
SUBCHAPTER B. DEPARTMENT DUTIESSec. 45.051. REORGANIZING STAFF RESPONSIBILITIES. Not later than March 1, 2006, the department shall develop a plan for reorganizing the department's operation to support future procurement of, contracting with, and monitoring of private contractors and enforcement of the licensing of facilities. The plan must include provisions for reducing duplication of the department's program monitoring activities.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.054. EVALUATION OF CASE MANAGEMENT SERVICES. (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(c) Not later than the second anniversary of the date the department enters into the first contract for case management services under a pilot program described by this chapter and Section 264.106, Family Code, the department shall contract with a qualified, independent third party to evaluate the pilot program. Each evaluation must:(1) assess the performance of case management services based on compliance with defined quality outcomes for children;(2) assess the achievement of performance measures;(3) compare for quality the performance of case management services provided by contractors to case management services provided by the department;(4) determine if contracted services are cost beneficial; and(5) assess the contractor's ability to meet the performance measures.(d) The independent third party with whom the department contracts under Subsection (c) shall submit its reports and recommendations to the House Human Services Committee, or its successor, and the Senate Health and Human Services Committee, or its successor, not later than September 1, 2010.(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 48, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 49, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
SUBCHAPTER C. TRANSITION PLANSec. 45.101. GOALS FOR CONTRACTING. In contracting for substitute care and case management services, the department's goals shall be:(1) improving protective services;(2) achieving timely permanency for children in substitute care, including family reunification, placement with a relative, or adoption; and(3) improving the overall well-being of children in substitute care consistent with federal and state mandates.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 50, eff. September 1, 2007.
SUBCHAPTER D. MISCELLANEOUS PROVISIONSSec. 45.151. PROHIBITION ON CERTAIN CONTRACTS. (a) The department may not accept a bid under this chapter from a person or award to a person a contract under this chapter that includes proposed financial participation by the person if:(1) the person participated in preparing the bid specifications or request for proposals on which the bid or contract is based; and(2) the bid specifications or request for proposals on which the bid or contract is based:(A) requires a work plan, project design, or other criteria for participation in the contract that is specific to that person or likely to limit or exclude competitors who provide similar goods or services; or(B) includes a scope of required goods or services that is so narrowly defined that it is specific to that person or likely to limit or exclude competitors who provide similar goods or services.(b) The department may not accept a bid under this chapter from or award a contract under this chapter to an individual or business entity that is barred from participating in state contracts under Section 2155.077, Government Code.(c) The department may not accept a bid under this chapter from or award a contract under this chapter to an individual or business entity that was awarded a contract valued at $1 billion or more during the four-year period immediately before the date of the issuance of relevant requests for proposals under Section 45.054.(d) If the department determines that an individual or business entity holding a contract under this chapter was ineligible to have the contract accepted or awarded under Subsection (a), (b), or (c), the department may immediately terminate the contract without further obligation to the vendor.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.152. SUBCONTRACTOR PAYMENT. The existence of a dispute between the department and a contractor regarding a contract under this chapter does not justify nonpayment of a subcontractor for work completed by the subcontractor under the contract if the subcontractor has completed the work in a satisfactory manner and the work has been approved by the department and the contractor.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.153. EXPIRATION. This chapter expires September 1, 2012.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
HUMAN RESOURCES CODETITLE 2. DEPARTMENT OF HUMAN SERVICES AND DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICESSUBTITLE D. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICESCHAPTER 45. CONTRACTS FOR SUBSTITUTE CARE AND CASE MANAGEMENT SERVICESFor expiration of this chapter, see Section 45.153.SUBCHAPTER A. GENERAL PROVISIONSSec. 45.001. DEFINITIONS. In this chapter:(1) "Case management services" has the meaning assigned by Section 264.106, Family Code.(2) "Commission" means the Health and Human Services Commission.(3) "Department" means the Department of Family and Protective Services.(4) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.(5) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(6) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(7) "Performance-based contracting" means the structuring of all aspects of the procurement of services around the purpose of the work to be performed and the desired results with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes. Contracts may also include provisions that link the performance of the contractor to the level and timing of reimbursement.(8) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(9) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(10) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(11) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(12) "Substitute care provider" has the meaning assigned by Section 264.106, Family Code.(13) "Substitute care services" has the meaning assigned by Section 264.106, Family Code.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 44, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Sec. 45.002. CONTRACTS FOR CASE MANAGEMENT SERVICES; DEPARTMENT DUTIES. (a) Not later than September 1, 2008, the department shall contract with one or more providers of case management services in one or more geographic areas of the state as provided by Section 264.106, Family Code, with a goal of contracting for those services in five percent of the cases in this state.(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(c) The department shall:(1) monitor the quality of services for which the department contracts under this chapter;(2) ensure that the services are provided in accordance with federal law and the laws of this state, including department rules and rules of the Department of State Health Services and the Texas Commission on Environmental Quality; and(3) ensure that all substitute care and case management service providers, to the extent possible, honor the cultural and religious affiliations of a child placed in the service provider's care, regardless of the religious affiliation of the service provider.(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 45, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 46, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Sec. 45.003. HIRING PREFERENCE. A substitute care or case management services provider that contracts with the department to provide substitute care or case management services shall:(1) give a preference in hiring to qualified department employees in good standing with the department who provide substitute care or case management services and whose positions with the department may be eliminated as a result of the privatization of substitute care and case management services; and(2) ensure that each subcontractor with whom the substitute care or case management services provider contracts for the provision of substitute care or case management services also gives a preference in hiring to current and former qualified department employees whose positions with the department may be or were eliminated as a result of the privatization of substitute care and case management services.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.004. DEPARTMENT DATA SYSTEM DUTIES. Subject to the appropriation of funds, the department shall:(1) enhance existing data systems to include contract performance information; and(2) implement a contracting data system developed or procured by the department, to track quality assurance and other contracting tools to effectively manage, monitor, and evaluate performance-based contracting functions.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 47, eff. September 1, 2007.
Sec. 45.005. PROVISION OF SUBSTITUTE CARE AND CASE MANAGEMENT SERVICES BY CERTAIN PERSONS. Notwithstanding any other law, the department or an independent administrator may contract with a child welfare board established under Section 264.005, Family Code, a local governmental board granted the powers and duties of a child welfare board under state law, or a children's advocacy center established under Section 264.402, Family Code, for the provision of substitute care and case management services in this state if the board or center provided direct substitute care or case management services under a contract with the department before September 1, 2006.
Added by Acts 2007, 80th Leg., R.S., Ch. 526, Sec. 5, eff. June 16, 2007.
Sec. 45.006. VALUE-ADDED SERVICES. A substitute care or case management services provider that contracts with the department or an independent administrator to provide substitute care or case management services may provide value-added services that supplement the substitute care or case management services required to be provided under the contract.
Added by Acts 2007, 80th Leg., R.S., Ch. 526, Sec. 5, eff. June 16, 2007.
SUBCHAPTER B. DEPARTMENT DUTIESSec. 45.051. REORGANIZING STAFF RESPONSIBILITIES. Not later than March 1, 2006, the department shall develop a plan for reorganizing the department's operation to support future procurement of, contracting with, and monitoring of private contractors and enforcement of the licensing of facilities. The plan must include provisions for reducing duplication of the department's program monitoring activities.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.054. EVALUATION OF CASE MANAGEMENT SERVICES. (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(b) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(c) Not later than the second anniversary of the date the department enters into the first contract for case management services under a pilot program described by this chapter and Section 264.106, Family Code, the department shall contract with a qualified, independent third party to evaluate the pilot program. Each evaluation must:(1) assess the performance of case management services based on compliance with defined quality outcomes for children;(2) assess the achievement of performance measures;(3) compare for quality the performance of case management services provided by contractors to case management services provided by the department;(4) determine if contracted services are cost beneficial; and(5) assess the contractor's ability to meet the performance measures.(d) The independent third party with whom the department contracts under Subsection (c) shall submit its reports and recommendations to the House Human Services Committee, or its successor, and the Senate Health and Human Services Committee, or its successor, not later than September 1, 2010.(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 48, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 49, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 54, eff. September 1, 2007.
SUBCHAPTER C. TRANSITION PLANSec. 45.101. GOALS FOR CONTRACTING. In contracting for substitute care and case management services, the department's goals shall be:(1) improving protective services;(2) achieving timely permanency for children in substitute care, including family reunification, placement with a relative, or adoption; and(3) improving the overall well-being of children in substitute care consistent with federal and state mandates.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1406, Sec. 50, eff. September 1, 2007.
SUBCHAPTER D. MISCELLANEOUS PROVISIONSSec. 45.151. PROHIBITION ON CERTAIN CONTRACTS. (a) The department may not accept a bid under this chapter from a person or award to a person a contract under this chapter that includes proposed financial participation by the person if:(1) the person participated in preparing the bid specifications or request for proposals on which the bid or contract is based; and(2) the bid specifications or request for proposals on which the bid or contract is based:(A) requires a work plan, project design, or other criteria for participation in the contract that is specific to that person or likely to limit or exclude competitors who provide similar goods or services; or(B) includes a scope of required goods or services that is so narrowly defined that it is specific to that person or likely to limit or exclude competitors who provide similar goods or services.(b) The department may not accept a bid under this chapter from or award a contract under this chapter to an individual or business entity that is barred from participating in state contracts under Section 2155.077, Government Code.(c) The department may not accept a bid under this chapter from or award a contract under this chapter to an individual or business entity that was awarded a contract valued at $1 billion or more during the four-year period immediately before the date of the issuance of relevant requests for proposals under Section 45.054.(d) If the department determines that an individual or business entity holding a contract under this chapter was ineligible to have the contract accepted or awarded under Subsection (a), (b), or (c), the department may immediately terminate the contract without further obligation to the vendor.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.152. SUBCONTRACTOR PAYMENT. The existence of a dispute between the department and a contractor regarding a contract under this chapter does not justify nonpayment of a subcontractor for work completed by the subcontractor under the contract if the subcontractor has completed the work in a satisfactory manner and the work has been approved by the department and the contractor.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
Sec. 45.153. EXPIRATION. This chapter expires September 1, 2012.
Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.123, eff. September 1, 2005.
