| 1 | 1 | | 81R348 KFF-D |
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| 2 | 2 | | By: Naishtat, King of Taylor, H.B. No. 166 |
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| 3 | 3 | | Howard of Fort Bend, Bohac, Menendez, |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to providing home- and community-based support services |
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| 9 | 9 | | under the Medicaid program to persons who are deaf-blind with |
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| 10 | 10 | | multiple disabilities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
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| 13 | 13 | | is amended by adding Section 161.076 to read as follows: |
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| 14 | 14 | | Sec. 161.076. ELIGIBILITY FOR DEAF-BLIND WITH MULTIPLE |
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| 15 | 15 | | DISABILITIES WAIVER PROGRAM. (a) Subject to the availability of |
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| 16 | 16 | | funds appropriated for that purpose, the department shall provide |
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| 17 | 17 | | home- and community-based services under the deaf-blind with |
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| 18 | 18 | | multiple disabilities waiver program without regard to a person's |
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| 19 | 19 | | age if the person applies for and is otherwise eligible to receive |
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| 20 | 20 | | services under the waiver program. |
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| 21 | 21 | | (b) Subsection (a) does not prevent the department from |
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| 22 | 22 | | establishing an age requirement with respect to other programs or |
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| 23 | 23 | | services offered to persons who are deaf-blind and have multiple |
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| 24 | 24 | | disabilities, including the summer outdoor training program for |
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| 25 | 25 | | deaf-blind multihandicapped individuals established under Section |
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| 26 | 26 | | 22.036(c). |
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| 27 | 27 | | SECTION 2. As soon as practicable after the effective date |
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| 28 | 28 | | of this Act, the executive commissioner of the Health and Human |
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| 29 | 29 | | Services Commission shall apply for and actively pursue an |
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| 30 | 30 | | amendment to this state's deaf-blind with multiple disabilities |
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| 31 | 31 | | waiver under Section 1915(c) of the federal Social Security Act (42 |
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| 32 | 32 | | U.S.C. Section 1396n(c)) or other authorization from the federal |
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| 33 | 33 | | Centers for Medicare and Medicaid Services or any other federal |
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| 34 | 34 | | agency to implement Section 161.076, Human Resources Code, as added |
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| 35 | 35 | | by this Act, with respect to persons who are younger than 18 years |
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| 36 | 36 | | of age. The Department of Aging and Disability Services may delay |
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| 37 | 37 | | implementing Section 161.076, Human Resources Code, as added by |
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| 38 | 38 | | this Act, until the amendment or other authorization applied for |
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| 39 | 39 | | under this section is granted. |
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| 40 | 40 | | SECTION 3. The executive commissioner of the Health and |
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| 41 | 41 | | Human Services Commission shall adopt rules to implement Section |
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| 42 | 42 | | 161.076, Human Resources Code, as added by this Act, as soon as |
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| 43 | 43 | | possible after obtaining the amendment or other authorization |
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| 44 | 44 | | required by Section 2 of this Act. |
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| 45 | 45 | | SECTION 4. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2009. |
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