Bill Text: TX HB3236 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the establishment of the home-delivered meal pilot program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [HB3236 Detail]
Download: Texas-2019-HB3236-Introduced.html
86R11568 SCL-F | ||
By: Landgraf | H.B. No. 3236 |
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relating to the establishment of the home-delivered meal pilot | ||
program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 2, Health and Safety Code, is | ||
amended by adding Chapter 65 to read as follows: | ||
CHAPTER 65. HOME-DELIVERED MEAL PILOT PROGRAM | ||
Sec. 65.0001. DEFINITIONS. In this chapter: | ||
(1) "Client" means an individual who is elderly or has | ||
a disability and who receives a meal under the program. | ||
(2) "Program" means the home-delivered meal pilot | ||
program established under this chapter. | ||
(3) "Provider" means a meal provider who contracts | ||
with the commission to provide and deliver home-delivered meals | ||
under the program. | ||
Sec. 65.0002. ESTABLISHMENT. (a) The commission shall | ||
establish and operate in one or more underserved geographic areas | ||
of this state the home-delivered meal pilot program to provide meal | ||
deliveries to individuals who are elderly or have a disability. | ||
(b) The commission may contract with a meal provider to | ||
provide home-delivered meals under the program. | ||
Sec. 65.0003. MEAL REQUIREMENTS. (a) A provider may use a | ||
hot, frozen, chilled, or shelf-stable meal for the program. | ||
(b) The provider shall ensure a meal allows a client to | ||
sanitarily and safely handle, store, thaw, and prepare the meal. | ||
Sec. 65.0004. PACKAGING REQUIREMENTS. (a) A provider | ||
shall use supplies and meal transport carriers that allow hot, | ||
frozen, chilled, and shelf-stable meals to be packaged and stored | ||
separately. | ||
(b) For hot, frozen, chilled, or shelf-stable meals that are | ||
easily damaged, a provider must use an enclosed meal transport | ||
carrier and trays or other containers necessary to protect the | ||
meals from contamination, crushing, or spillage during transport. | ||
(c) A provider shall equip a meal transport carrier with | ||
insulation or supplemental hot or cold sources as necessary to | ||
maintain safe temperatures for meals during transport. | ||
(d) A provider shall use meal packaging that: | ||
(1) is sealed to prevent moisture loss or spillage; | ||
(2) allows the meal to be maintained at a safe | ||
temperature during transport; | ||
(3) includes compartments for separating food items in | ||
the meal to increase visual appeal and minimize spillage; and | ||
(4) allows easy access by clients. | ||
(e) A provider shall maintain the food temperature of meals | ||
prepared and packaged for delivery: | ||
(1) below 41 degrees Fahrenheit for cold food items; | ||
(2) above 140 degrees Fahrenheit for hot food items; | ||
(3) at or below 20 degrees Fahrenheit for frozen food | ||
items; and | ||
(4) in accordance with packaging guidelines for | ||
shelf-stable food items. | ||
Sec. 65.0005. DELIVERY REQUIREMENTS. (a) A provider shall | ||
prepare and package meals in a manner that allows delivery at a | ||
reasonable time during the day. | ||
(b) A provider shall provide and deliver meals to each | ||
client in accordance with the commission contract. The provider | ||
shall, on a form prescribed by the commission, note whether each | ||
meal is delivered or undelivered. | ||
(c) If a client is not present to accept delivery of a meal, | ||
a provider may not leave the meal unless the provider ensures that | ||
on the client's acceptance, the meal is within the proper | ||
temperature requirements described by Section 65.0004(e). | ||
(d) A provider shall comply with commission policy for | ||
undelivered meals. For each undelivered meal, the provider must | ||
state, on a form prescribed by the commission, the reason the meal | ||
was not delivered. | ||
(e) If a provider violates this section, the commission may | ||
consider the provider in breach of the commission contract. | ||
Sec. 65.0006. CASE MANAGER NOTIFICATION. (a) If a client | ||
who receives meals from a provider under the program has a case | ||
manager, and a reasonable time has passed in which the provider has | ||
not had contact with the client or the client's responsible party, | ||
the provider shall notify the case manager orally or by e-mail or | ||
fax of the provider's concerns regarding the lack of contact. | ||
(b) A provider who orally provides the notification | ||
required under Subsection (a) shall also provide written notice to | ||
the case manager not later than the fifth business day after the | ||
date the provider provides the oral notification. | ||
Sec. 65.0007. REPORT. The commission shall submit a | ||
written report to the legislature on the results of the program not | ||
later than December 1, 2020. | ||
Sec. 65.0008. EXPIRATION. The program and this chapter | ||
expire September 1, 2021. | ||
SECTION 2. The Health and Human Services Commission shall | ||
establish the home-delivered meal pilot program under Chapter 65, | ||
Health and Safety Code, as added by this Act, not later than March | ||
1, 2020. | ||
SECTION 3. This Act takes effect September 1, 2019. |