81R16561 UM-F
By: Rodriguez, Naishtat, Herrero, Hughes, H.B. No. 785
Davis of Harris, et al.
Substitute the following for H.B. No. 785:
By: Rose C.S.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 are structured
in a manner that is designed to assist 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 persons who
receive services in Section 1915(c) waiver programs that offer
employment services, including rules that:
(1) expand the annual hourly limit for employment
services in any program in which the hours are capped;
(2) ensure employment services include assistance
with obtaining employment; and
(3) ensure that employment services are available
under the consumer-directed services option.
(c) The executive commissioner shall adopt rules regarding
employment services offered through Section 1915(c) waiver
programs and ICF-MR facilities licensed under Chapter 252, Health
and Safety Code, and general revenue funded employment services
provided through local mental retardation authorities. The rules
must ensure that as part of the service planning process for a
person receiving services:
(1) employment options are discussed and employment
strategies are developed to achieve employment goals; and
(2) each provider of employment services considers the
availability and accessibility of transportation as part of the
employment plan.
(d) The Department of Aging and Disability Services shall
provide training and technical assistance regarding the provision
of employment services to:
(1) providers required to provide or contract for the
provision of employment services under Section 1915(c) waiver
programs that offer employment services;
(2) ICF-MR facilities licensed under Chapter 252,
Health and Safety Code, and required to provide or contract for the
provision of employment services; and
(3) local mental retardation authorities providing
general revenue funded employment services.
Sec. 531.752. EMPLOYMENT SERVICES PROVIDER MINIMUM
STANDARDS; REQUIRED APPROVAL. (a) The commission, 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 provide
services through either department. The minimum standards, to the
extent possible, should be consistent with the minimum standards
stated in the Department of Assistive and Rehabilitative Services'
terms and conditions for employment services provider contracts, as
those terms and conditions existed on January 1, 2009.
(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,
through a contract with a provider of services who contracts with
the Department of Aging and Disability Services, or to a client
under the consumer-directed services option through 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 approval by the Department of Assistive and
Rehabilitative Services of a person as an employment services
provider under this section does not constitute a contractual
obligation, and a health and human services agency is not required
to contract with a person approved under this section. A person who
contracts with a health and human services agency to provide
employment services is governed by the terms and conditions of the
contract, regardless of whether the person has received an approval
as an employment services provider from the Department of Assistive
and Rehabilitative Services.
(e) The executive commissioner shall ensure that agreements
or contracts are developed as needed to allow the Department of
Aging and Disability Services and the Department of Assistive and
Rehabilitative Services to provide employment services through
providers approved by the Department of Assistive and
Rehabilitative Services.
Sec. 531.753. INFORMATION REGARDING SOCIAL SECURITY INCOME
AND BENEFITS AND FEDERAL WORK INCENTIVE PROGRAMS. (a) The
executive commissioner shall ensure that training regarding social
security income and benefits and federal work incentives is
required for appropriate employees of the Department of Aging and
Disability Services and the Department of Assistive and
Rehabilitative Services in order to provide a person with a
disability 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 and others who coordinate program
services 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 employees to provide the information
required by this section to consumers and their families.
(c) The executive commissioner shall ensure that contracts
with each local mental retardation authority require the authority
to designate 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) In this section, "sheltered workshop" means an
employment setting in which individuals with disabilities are:
(1) substantially segregated from individuals without
disabilities, other than non-disabled individuals who are
providing services to those individuals with disabilities;
(2) congregated with other individuals with
disabilities who are similarly employed; and
(3) paid less than the minimum wage under state or
federal law.
(b) 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.
(c) The plan developed under Subsection (b) 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 promote work incentive information,
including locating and maintaining employment.
(b) The commission shall identify 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.
(c) The commission shall implement this section subject to
the availability of funds for this purpose.
SECTION 5. (a) The Health and Human Services Commission
shall analyze employment services provider Medicaid 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,
including the methodology and rate structure used by the Department
of Assistive and Rehabilitative Services on January 1, 2009.
(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, through a contract with a provider of services who
contracts with the Department of Aging and Disability Services, or
to a client under the consumer-directed services option through the
Department of Aging and Disability Services on September 1, 2009,
may continue to provide employment services without 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. The Health and Human Services Commission, the
Department of Aging and Disability Services, and the Department of
Assistive and Rehabilitative Services shall identify all funds
appropriated or otherwise made available in the federal American
Recovery and Reinvestment Act of 2009 that could lawfully be used to
support employment services programs, and apply for and actively
pursue all necessary actions to procure those funds for those
purposes.
SECTION 8. 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 9. This Act takes effect September 1, 2009.