For expiration of this section, see Subsection (i).
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.