| 1 | 1 | | By: Weber H.B. No. 4017 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the establishment of a self-determination pilot program |
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| 7 | 7 | | by the Department of Aging and Disability Services. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. (a) The Department of Aging and Disability |
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| 10 | 10 | | Services shall establish a pilot program to deliver department |
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| 11 | 11 | | services currently provided to an individual with a disability |
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| 12 | 12 | | through a Section 1915(c) waiver program, as defined by Section |
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| 13 | 13 | | 531.001, Government Code, through a self-determination model under |
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| 14 | 14 | | which the individual exercises control over the development and |
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| 15 | 15 | | implementation of the individual's service plan and over the |
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| 16 | 16 | | persons delivering the services directly to the individual. |
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| 17 | 17 | | (b) The program must allow an eligible individual to |
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| 18 | 18 | | exercise control and authority over: |
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| 19 | 19 | | (1) the funding for and provision of services to the |
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| 20 | 20 | | individual; |
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| 21 | 21 | | (2) the identity and type of service provider used to |
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| 22 | 22 | | provide the services; and |
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| 23 | 23 | | (3) the individual's living arrangements. |
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| 24 | 24 | | (c) Not later than January 1, 2011, the Department of Aging |
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| 25 | 25 | | and Disability Services shall submit a report to the governor, |
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| 26 | 26 | | lieutenant governor, and speaker of the house of representatives |
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| 27 | 27 | | regarding: |
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| 28 | 28 | | (1) the implementation of the pilot program; |
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| 29 | 29 | | (2) recommendations regarding the expansion of the |
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| 30 | 30 | | pilot program; and |
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| 31 | 31 | | (3) any other relevant information as determined by |
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| 32 | 32 | | the department. |
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| 33 | 33 | | (d) This section expires September 1, 2011. |
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| 34 | 34 | | SECTION 2. If before implementing any provision of this Act |
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| 35 | 35 | | a state agency determines that a waiver or authorization from a |
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| 36 | 36 | | federal agency is necessary for implementation of that provision, |
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| 37 | 37 | | the agency affected by the provision shall request the waiver or |
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| 38 | 38 | | authorization and may delay implementing that provision until the |
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| 39 | 39 | | waiver or authorization is granted. |
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| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2009. |
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