Texas 2009 - 81st Regular

Texas Senate Bill SB37 Compare Versions

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Old	New	Differences
1	1	S.B. No. 37
2	2
3	3
4	4	AN ACT
5	5	relating to providing home-based and community-based support
6	6	services under the Medicaid program to persons who are deaf-blind
7	7	with multiple disabilities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter D, Chapter 161, Human Resources Code,
10	10	is amended by adding Section 161.076 to read as follows:
11	11	Sec. 161.076. ELIGIBILITY FOR DEAF-BLIND WITH MULTIPLE
12	12	DISABILITIES WAIVER PROGRAM. (a) Subject to the availability of
13	13	funds appropriated for that purpose, the department shall provide
14	14	home-based and community-based services under the deaf-blind with
15	15	multiple disabilities waiver program without regard to a person's
16	16	age if the person applies for and is otherwise eligible to receive
17	17	services under the waiver program.
18	18	(b) Subsection (a) does not prevent the department from
19	19	establishing an age requirement with respect to other programs or
20	20	services offered to persons who are deaf-blind and have multiple
21	21	disabilities, including the summer outdoor training program for
22	22	deaf-blind multihandicapped individuals established under Section
23	23	22.036(c).
24	24	SECTION 2. As soon as practicable after the effective date
25	25	of this Act, the executive commissioner of the Health and Human
26	26	Services Commission shall apply for and actively pursue an
27	27	amendment to this state's deaf-blind with multiple disabilities
28	28	waiver under Section 1915(c) of the federal Social Security Act (42
29	29	U.S.C. Section 1396n(c)) or other authorization from the federal
30	30	Centers for Medicare and Medicaid Services or any other federal
31	31	agency to implement Section 161.076, Human Resources Code, as added
32	32	by this Act, with respect to persons who are younger than 18 years
33	33	of age. The Department of Aging and Disability Services may delay
34	34	implementing Section 161.076, Human Resources Code, as added by
35	35	this Act, until the amendment or other authorization applied for
36	36	under this section is granted.
37	37	SECTION 3. The executive commissioner of the Health and
38	38	Human Services Commission shall adopt rules to implement Section
39	39	161.076, Human Resources Code, as added by this Act, as soon as
40	40	possible after obtaining the amendment or other authorization
41	41	required by Section 2 of this Act.
42	42	SECTION 4. This Act does not make an appropriation. A
43	43	provision in this Act that creates a new governmental program,
44	44	creates a new entitlement, or imposes a new duty on a governmental
45	45	entity is not mandatory during a fiscal period for which the
46	46	legislature has not made a specific appropriation to implement the
47	47	provision.
48	48	SECTION 5. This Act takes effect immediately if it receives
49	49	a vote of two-thirds of all the members elected to each house, as
50	50	provided by Section 39, Article III, Texas Constitution. If this
51	51	Act does not receive the vote necessary for immediate effect, this
52	52	Act takes effect September 1, 2009.
53	53	______________________________ ______________________________
54	54	President of the Senate Speaker of the House
55	55	I hereby certify that S.B. No. 37 passed the Senate on
56	56	May 8, 2009, by the following vote: Yeas 30, Nays 0.
57	57	______________________________
58	58	Secretary of the Senate
59	59	I hereby certify that S.B. No. 37 passed the House on
60	60	May 18, 2009, by the following vote: Yeas 128, Nays 14, two
61	61	present not voting.
62	62	______________________________
63	63	Chief Clerk of the House
64	64	Approved:
65	65	______________________________
66	66	Date
67	67	______________________________
68	68	Governor