81R3292 UM-D
By: Rodriguez H.B. No. 785
A BILL TO BE ENTITLED
AN ACT
relating to employment services for persons with disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 531, Government Code, is amended by
adding Subchapter S to read as follows:
SUBCHAPTER S. EMPLOYMENT SERVICES
Sec. 531.751. EMPLOYMENT SERVICES. (a) The executive
commissioner shall ensure that employment services programs,
including supported employment services programs, are structured
in a manner that assists persons with disabilities to obtain and
maintain meaningful employment in integrated settings.
(b) The executive commissioner shall adopt rules necessary
to eliminate barriers to employment services for individuals
eligible to receive services under a Section 1915(c) waiver
program, including rules that:
(1) expand an individual's time and budget allowances
for employment services for consumers receiving services under
Section 1915(c) waiver programs;
(2) allow consumers to exercise self-determination
and choose the amount of money in the consumer's budget that the
consumer allocates toward employment services;
(3) ensure that employment services are available
under all Section 1915(c) waiver programs;
(4) ensure that case managers assist consumers of
waiver services in developing an individualized budget, selecting
an approved employment services provider, and creating an
employment services plan; and
(5) ensure that a provider of employment services
under contract with the Department of Aging and Disability Services
provides transportation to competitive employment locations.
Sec. 531.752. EMPLOYMENT SERVICES PROVIDER MINIMUM
STANDARDS; REQUIRED APPROVAL. (a) The executive commissioner, the
Department of Assistive and Rehabilitative Services, and the
Department of Aging and Disability Services shall collaboratively
develop minimum standards for employment services providers that
contract with either agency.
(b) The Department of Assistive and Rehabilitative Services
shall:
(1) review and approve applications to provide
employment services to ensure that all employment services
providers meet the minimum standards adopted under Subsection (a),
regardless of:
(A) the type or duration of employment services
provided; or
(B) whether the persons receiving the services
are clients of the Department of Assistive and Rehabilitative
Services or the Department of Aging and Disability Services;
(2) maintain a list of employment services providers
that meet the minimum standards; and
(3) make the list available to a person that requests
information regarding employment services, regardless of whether
the person receives services from the department.
(c) A person may not provide employment services through a
contract with the Department of Assistive and Rehabilitative
Services or the Department of Aging and Disability Services unless
the person has applied for and been approved as an employment
services provider by the Department of Assistive and Rehabilitative
Services.
(d) The executive commissioner shall ensure that:
(1) agreements or contracts are developed as needed to
allow other health and human services agencies to contract with
employment services providers approved by the Department of
Assistive and Rehabilitative Services; and
(2) employment services are available under the
consumer-directed services option.
Sec. 531.753. INFORMATION REGARDING SOCIAL SECURITY INCOME
AND BENEFITS AND FEDERAL WORK INCENTIVE PROGRAMS. (a) The
executive commissioner shall ensure that each health and human
services agency has sufficient expertise regarding social security
income and benefits and federal work incentives to ensure that a
person with a disability receives accurate and appropriate
information and referrals related to social security income and
benefit programs and federal employment services.
(b) The Department of Aging and Disability Services shall
ensure that case managers, including case managers employed by
employment services providers, have access to and are trained to
provide information regarding the use of social security, federal
work incentives, and the Medicaid buy-in program to interested
consumers. The department shall designate at least one staff
person in each region to provide the information required by this
section to consumers and their families.
(c) The executive commissioner shall ensure that each local
mental retardation authority designates an employee to provide the
information required by this section to consumers and their
families.
SECTION 2. Subchapter B, Chapter 533, Health and Safety
Code, is amended by adding Section 533.0371 to read as follows:
Sec. 533.0371. PLAN TO REDUCE RELIANCE ON SHELTERED
WORKSHOPS. (a) The Department of Aging and Disability Services
shall develop a plan to significantly reduce reliance on sheltered
workshops as an employment option for people with disabilities.
The plan must identify all federal funding opportunities that would
assist the department in reducing reliance on sheltered workshops.
(b) The plan developed under Subsection (a) must provide for
the significant reduction of reliance on sheltered workshops not
later than September 1, 2015.
SECTION 3. Section 117.058(a), Human Resources Code, is
amended to read as follows:
(a) The department shall establish and require employee
participation in a specialized training program for certain
employees, including vocational rehabilitation counselors and
vocational rehabilitation transition specialists and transition
counselors, whose duties involve assisting youth with disabilities
to transition to post-schooling activities, services for adults, or
community living.
SECTION 4. Subchapter A, Chapter 302, Labor Code, is
amended by adding Section 302.016 to read as follows:
Sec. 302.016. PROVISION OF DISABILITY NAVIGATOR SERVICES.
(a) In this section, "disability navigator services" includes
services that:
(1) are provided through a one-stop approach; and
(2) assist persons with disabilities in navigating a
variety of programs that have an impact on locating and maintaining
employment.
(b) The commission shall identify and implement funding
options that will allow the commission to increase the number of
individuals providing disability navigator services to a level that
ensures that each local workforce area has access to at least one
individual who provides disability navigator services.
SECTION 5. (a) The Health and Human Services Commission
shall analyze employment services provider payment rates and rate
methodology and determine the optimum rates and rate methodology
that will ensure an adequate employment services provider base for
individuals with disabilities. In conducting the analysis, the
commission shall consider the use of an outcome-based methodology
for payment of employment services providers.
(b) Not later than September 1, 2010, the Health and Human
Services Commission shall provide a report to the governor,
lieutenant governor, and speaker of the house of representatives
that contains the results of the analysis performed under this
section and recommendations for any necessary legislation as
determined by the commission.
SECTION 6. (a) A person providing employment services
through a contract with the Department of Aging and Disability
Services or the Department of Assistive and Rehabilitative Services
on September 1, 2009, may continue to provide employment services
and is not required to apply for employment services provider
approval under Section 531.752, Government Code, as added by this
Act, until September 1, 2011.
(b) Not later than September 1, 2010, the Department of
Aging and Disability Services shall submit to the executive
commissioner of the Health and Human Services Commission the plan
required by Section 533.0371, Health and Safety Code, as added by
this Act.
SECTION 7. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 8. This Act takes effect September 1, 2009.