| 1 | 1 | | 81R9144 CLG-F |
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| 2 | 2 | | By: Naishtat H.B. No. 3260 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to delivery of certain services through consumer direction |
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| 8 | 8 | | to elderly persons and persons with disabilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 531.051, Government Code, is amended by |
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| 11 | 11 | | adding Subsections (e) and (f) to read as follows: |
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| 12 | 12 | | (e) Section 301.251(a), Occupations Code, does not apply to |
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| 13 | 13 | | delivery of a service for which payment is provided under the |
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| 14 | 14 | | consumer-directed service option developed under this section if: |
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| 15 | 15 | | (1) the person who delivers the service: |
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| 16 | 16 | | (A) has not been denied a license under Chapter |
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| 17 | 17 | | 301, Occupations Code; |
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| 18 | 18 | | (B) has not been issued a license under Chapter |
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| 19 | 19 | | 301, Occupations Code, that is revoked or suspended; and |
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| 20 | 20 | | (C) performs a service that is not expressly |
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| 21 | 21 | | prohibited from delegation by the Texas Board of Nursing; and |
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| 22 | 22 | | (2) the consumer who receives the service: |
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| 23 | 23 | | (A) has a disability and the service would have |
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| 24 | 24 | | been performed by the consumer or the consumer's legally authorized |
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| 25 | 25 | | representative except for that disability; and |
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| 26 | 26 | | (B) if: |
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| 27 | 27 | | (i) the consumer is capable of training the |
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| 28 | 28 | | person in the proper performance of the service, the consumer |
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| 29 | 29 | | directs the person to deliver the service; or |
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| 30 | 30 | | (ii) the consumer is not capable of |
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| 31 | 31 | | training the person in the proper performance of the service, the |
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| 32 | 32 | | consumer's legally authorized representative is capable of |
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| 33 | 33 | | training the person in the proper performance of the service and |
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| 34 | 34 | | directs the person to deliver the service. |
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| 35 | 35 | | (f) If the person delivers the service under Subsection |
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| 36 | 36 | | (e)(2)(B)(ii), the legally authorized representative must be |
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| 37 | 37 | | present when the service is performed or be immediately accessible |
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| 38 | 38 | | to the person who delivers the service. If the person will perform |
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| 39 | 39 | | the service when the representative is not present, the |
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| 40 | 40 | | representative must observe the person performing the service at |
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| 41 | 41 | | least once to assure the representative that the person performing |
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| 42 | 42 | | the service can competently perform that service. |
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| 43 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2009. |
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