Texas 2009 - 81st Regular

Texas House Bill HB785 Compare Versions

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1	1	81R16561 UM-F
2	2	By: Rodriguez, Naishtat, Herrero, Hughes, H.B. No. 785
3	3	Davis of Harris, et al.
4	4	Substitute the following for H.B. No. 785:
5	5	By: Rose C.S.H.B. No. 785
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to employment services for persons with disabilities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 531, Government Code, is amended by
13	13	adding Subchapter S to read as follows:
14	14	SUBCHAPTER S. EMPLOYMENT SERVICES
15	15	Sec. 531.751. EMPLOYMENT SERVICES. (a) The executive
16	16	commissioner shall ensure that employment services are structured
17	17	in a manner that is designed to assist persons with disabilities to
18	18	obtain and maintain meaningful employment in integrated settings.
19	19	(b) The executive commissioner shall adopt rules necessary
20	20	to eliminate barriers to employment services for persons who
21	21	receive services in Section 1915(c) waiver programs that offer
22	22	employment services, including rules that:
23	23	(1) expand the annual hourly limit for employment
24	24	services in any program in which the hours are capped;
25	25	(2) ensure employment services include assistance
26	26	with obtaining employment; and
27	27	(3) ensure that employment services are available
28	28	under the consumer-directed services option.
29	29	(c) The executive commissioner shall adopt rules regarding
30	30	employment services offered through Section 1915(c) waiver
31	31	programs and ICF-MR facilities licensed under Chapter 252, Health
32	32	and Safety Code, and general revenue funded employment services
33	33	provided through local mental retardation authorities. The rules
34	34	must ensure that as part of the service planning process for a
35	35	person receiving services:
36	36	(1) employment options are discussed and employment
37	37	strategies are developed to achieve employment goals; and
38	38	(2) each provider of employment services considers the
39	39	availability and accessibility of transportation as part of the
40	40	employment plan.
41	41	(d) The Department of Aging and Disability Services shall
42	42	provide training and technical assistance regarding the provision
43	43	of employment services to:
44	44	(1) providers required to provide or contract for the
45	45	provision of employment services under Section 1915(c) waiver
46	46	programs that offer employment services;
47	47	(2) ICF-MR facilities licensed under Chapter 252,
48	48	Health and Safety Code, and required to provide or contract for the
49	49	provision of employment services; and
50	50	(3) local mental retardation authorities providing
51	51	general revenue funded employment services.
52	52	Sec. 531.752. EMPLOYMENT SERVICES PROVIDER MINIMUM
53	53	STANDARDS; REQUIRED APPROVAL. (a) The commission, the Department
54	54	of Assistive and Rehabilitative Services, and the Department of
55	55	Aging and Disability Services shall collaboratively develop
56	56	minimum standards for employment services providers that provide
57	57	services through either department. The minimum standards, to the
58	58	extent possible, should be consistent with the minimum standards
59	59	stated in the Department of Assistive and Rehabilitative Services'
60	60	terms and conditions for employment services provider contracts, as
61	61	those terms and conditions existed on January 1, 2009.
62	62	(b) The Department of Assistive and Rehabilitative Services
63	63	shall:
64	64	(1) review and approve applications to provide
65	65	employment services to ensure that all employment services
66	66	providers meet the minimum standards adopted under Subsection (a),
67	67	regardless of:
68	68	(A) the type or duration of employment services
69	69	provided; or
70	70	(B) whether the persons receiving the services
71	71	are clients of the Department of Assistive and Rehabilitative
72	72	Services or the Department of Aging and Disability Services;
73	73	(2) maintain a list of employment services providers
74	74	that meet the minimum standards; and
75	75	(3) make the list available to a person that requests
76	76	information regarding employment services, regardless of whether
77	77	the person receives services from the department.
78	78	(c) A person may not provide employment services through a
79	79	contract with the Department of Assistive and Rehabilitative
80	80	Services or the Department of Aging and Disability Services,
81	81	through a contract with a provider of services who contracts with
82	82	the Department of Aging and Disability Services, or to a client
83	83	under the consumer-directed services option through the Department
84	84	of Aging and Disability Services unless the person has applied for
85	85	and been approved as an employment services provider by the
86	86	Department of Assistive and Rehabilitative Services.
87	87	(d) The approval by the Department of Assistive and
88	88	Rehabilitative Services of a person as an employment services
89	89	provider under this section does not constitute a contractual
90	90	obligation, and a health and human services agency is not required
91	91	to contract with a person approved under this section. A person who
92	92	contracts with a health and human services agency to provide
93	93	employment services is governed by the terms and conditions of the
94	94	contract, regardless of whether the person has received an approval
95	95	as an employment services provider from the Department of Assistive
96	96	and Rehabilitative Services.
97	97	(e) The executive commissioner shall ensure that agreements
98	98	or contracts are developed as needed to allow the Department of
99	99	Aging and Disability Services and the Department of Assistive and
100	100	Rehabilitative Services to provide employment services through
101	101	providers approved by the Department of Assistive and
102	102	Rehabilitative Services.
103	103	Sec. 531.753. INFORMATION REGARDING SOCIAL SECURITY INCOME
104	104	AND BENEFITS AND FEDERAL WORK INCENTIVE PROGRAMS. (a) The
105	105	executive commissioner shall ensure that training regarding social
106	106	security income and benefits and federal work incentives is
107	107	required for appropriate employees of the Department of Aging and
108	108	Disability Services and the Department of Assistive and
109	109	Rehabilitative Services in order to provide a person with a
110	110	disability accurate and appropriate information and referrals
111	111	related to social security income and benefit programs and federal
112	112	employment services.
113	113	(b) The Department of Aging and Disability Services shall
114	114	ensure that case managers and others who coordinate program
115	115	services have access to and are trained to provide information
116	116	regarding the use of social security, federal work incentives, and
117	117	the Medicaid buy-in program to interested consumers. The
118	118	department shall designate employees to provide the information
119	119	required by this section to consumers and their families.
120	120	(c) The executive commissioner shall ensure that contracts
121	121	with each local mental retardation authority require the authority
122	122	to designate an employee to provide the information required by
123	123	this section to consumers and their families.
124	124	SECTION 2. Subchapter B, Chapter 533, Health and Safety
125	125	Code, is amended by adding Section 533.0371 to read as follows:
126	126	Sec. 533.0371. PLAN TO REDUCE RELIANCE ON SHELTERED
127	127	WORKSHOPS. (a) In this section, "sheltered workshop" means an
128	128	employment setting in which individuals with disabilities are:
129	129	(1) substantially segregated from individuals without
130	130	disabilities, other than non-disabled individuals who are
131	131	providing services to those individuals with disabilities;
132	132	(2) congregated with other individuals with
133	133	disabilities who are similarly employed; and
134	134	(3) paid less than the minimum wage under state or
135	135	federal law.
136	136	(b) The Department of Aging and Disability Services shall
137	137	develop a plan to significantly reduce reliance on sheltered
138	138	workshops as an employment option for people with disabilities.
139	139	The plan must identify all federal funding opportunities that would
140	140	assist the department in reducing reliance on sheltered workshops.
141	141	(c) The plan developed under Subsection (b) must provide for
142	142	the significant reduction of reliance on sheltered workshops not
143	143	later than September 1, 2015.
144	144	SECTION 3. Section 117.058(a), Human Resources Code, is
145	145	amended to read as follows:
146	146	(a) The department shall establish and require employee
147	147	participation in a specialized training program for certain
148	148	employees, including vocational rehabilitation counselors and
149	149	vocational rehabilitation transition specialists and transition
150	150	counselors, whose duties involve assisting youth with disabilities
151	151	to transition to post-schooling activities, services for adults, or
152	152	community living.
153	153	SECTION 4. Subchapter A, Chapter 302, Labor Code, is
154	154	amended by adding Section 302.016 to read as follows:
155	155	Sec. 302.016. PROVISION OF DISABILITY NAVIGATOR SERVICES.
156	156	(a) In this section, "disability navigator services" includes
157	157	services that:
158	158	(1) are provided through a one-stop approach; and
159	159	(2) assist persons with disabilities in navigating a
160	160	variety of programs that promote work incentive information,
161	161	including locating and maintaining employment.
162	162	(b) The commission shall identify funding options that will
163	163	allow the commission to increase the number of individuals
164	164	providing disability navigator services to a level that ensures
165	165	that each local workforce area has access to at least one individual
166	166	who provides disability navigator services.
167	167	(c) The commission shall implement this section subject to
168	168	the availability of funds for this purpose.
169	169	SECTION 5. (a) The Health and Human Services Commission
170	170	shall analyze employment services provider Medicaid payment rates
171	171	and rate methodology and determine the optimum rates and rate
172	172	methodology that will ensure an adequate employment services
173	173	provider base for individuals with disabilities. In conducting the
174	174	analysis, the commission shall consider the use of an outcome-based
175	175	methodology for payment of employment services providers,
176	176	including the methodology and rate structure used by the Department
177	177	of Assistive and Rehabilitative Services on January 1, 2009.
178	178	(b) Not later than September 1, 2010, the Health and Human
179	179	Services Commission shall provide a report to the governor,
180	180	lieutenant governor, and speaker of the house of representatives
181	181	that contains the results of the analysis performed under this
182	182	section and recommendations for any necessary legislation as
183	183	determined by the commission.
184	184	SECTION 6. (a) A person providing employment services
185	185	through a contract with the Department of Aging and Disability
186	186	Services or the Department of Assistive and Rehabilitative
187	187	Services, through a contract with a provider of services who
188	188	contracts with the Department of Aging and Disability Services, or
189	189	to a client under the consumer-directed services option through the
190	190	Department of Aging and Disability Services on September 1, 2009,
191	191	may continue to provide employment services without approval under
192	192	Section 531.752, Government Code, as added by this Act, until
193	193	September 1, 2011.
194	194	(b) Not later than September 1, 2010, the Department of
195	195	Aging and Disability Services shall submit to the executive
196	196	commissioner of the Health and Human Services Commission the plan
197	197	required by Section 533.0371, Health and Safety Code, as added by
198	198	this Act.
199	199	SECTION 7. The Health and Human Services Commission, the
200	200	Department of Aging and Disability Services, and the Department of
201	201	Assistive and Rehabilitative Services shall identify all funds
202	202	appropriated or otherwise made available in the federal American
203	203	Recovery and Reinvestment Act of 2009 that could lawfully be used to
204	204	support employment services programs, and apply for and actively
205	205	pursue all necessary actions to procure those funds for those
206	206	purposes.
207	207	SECTION 8. If before implementing any provision of this Act
208	208	a state agency determines that a waiver or authorization from a
209	209	federal agency is necessary for implementation of that provision,
210	210	the agency affected by the provision shall request the waiver or
211	211	authorization and may delay implementing that provision until the
212	212	waiver or authorization is granted.
213	213	SECTION 9. This Act takes effect September 1, 2009.