By: Guillen, Hopson, Dukes H.B. No. 2610
(Senate Sponsor - Deuell)
(In the Senate - Received from the House May 9, 2011;
May 10, 2011, read first time and referred to Committee on Health
and Human Services; May 18, 2011, reported favorably by the
following vote: Yeas 9, Nays 0; May 18, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to facilitating access to certain public assistance
benefits programs and health care providers and services through a
community-based navigator program and through promotoras and
community health workers.
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. COMMUNITY-BASED NAVIGATOR PROGRAM
Sec. 531.751. DEFINITIONS. In this subchapter:
(1) "Community-based organization" and "faith-based
organization" have the meanings assigned by Section 535.001.
(2) "Navigator" means a person who is:
(A) a volunteer or other representative of a
faith- or community-based organization; and
(B) certified by the commission to provide or
facilitate the provision of information or assistance through the
faith- or community-based organization to individuals applying or
seeking to apply online through the Texas Integrated Eligibility
Redesign System (TIERS) or any other electronic eligibility system
that is linked to or made a part of that system for public
assistance benefits administered by the commission.
Sec. 531.752. ESTABLISHMENT OF COMMUNITY-BASED NAVIGATOR
PROGRAM. If the executive commissioner determines that a statewide
community-based navigator program can be established and operated
using existing resources and without disrupting other commission
functions, the commission shall establish a statewide
community-based navigator program through which the commission
will train and certify as navigators volunteers and other
representatives of faith- and community-based organizations to
assist individuals applying or seeking to apply online for public
assistance benefits through the Texas Integrated Eligibility
Redesign System (TIERS) or any other electronic eligibility system
that is linked to or made a part of that system. In establishing the
navigator program, the commission shall solicit the expertise and
assistance of interested persons, including faith- and
community-based organizations, and may establish a work group or
other temporary, informal group of interested persons to provide
input and assistance.
Sec. 531.753. PROGRAM STANDARDS. The executive
commissioner shall adopt standards to implement this subchapter,
including standards:
(1) subject to Section 531.754, regarding the
qualifications and training required for certification as a
navigator;
(2) regarding the suspension, revocation, and, if
appropriate, periodic renewal of a navigator certificate;
(3) to protect the confidentiality of applicant
information handled by navigators; and
(4) regarding any other issues the executive
commissioner determines are appropriate.
Sec. 531.754. TRAINING PROGRAM. The commission shall
develop and administer a training program for navigators. The
program must include training on:
(1) how to complete an online application for public
assistance benefits through the Texas Integrated Eligibility
Redesign System (TIERS);
(2) the importance of maintaining the confidentiality
of information handled by a navigator;
(3) the importance of obtaining and submitting
complete and accurate information when completing an application
for public assistance benefits online through the Texas Integrated
Eligibility Redesign System (TIERS);
(4) the financial assistance program, the
supplemental nutrition assistance program, the medical assistance
program, the child health plan program, and any other public
assistance benefits program for which an individual may complete an
online application through the Texas Integrated Eligibility
Redesign System (TIERS); and
(5) how an individual may apply for other public
assistance benefits for which an individual may not complete an
online application through the Texas Integrated Eligibility
Redesign System (TIERS).
Sec. 531.755. PUBLICATION OF NAVIGATOR LIST. The
commission shall maintain and publish on the commission's Internet
website a list of certified navigators.
SECTION 2. Chapter 48, Health and Safety Code, is amended to
read as follows:
CHAPTER 48. [TRAINING AND REGULATION OF] PROMOTORAS AND COMMUNITY
HEALTH WORKERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 48.001. DEFINITIONS. In this chapter:
(1) "Advisory committee" means the Promotora and
Community Health Worker Training and Certification Advisory
Committee.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Commissioner" means the commissioner of state
health services.
(4) "Compensation" includes receiving payment or
receiving reimbursement for expenses.
(5) "Department" means the Department of State Health
Services.
(6) "Executive commissioner" means the executive
commissioner of the Health and Human Services Commission.
(7) [(2)] "Promotora" or "community health worker"
means a person who, with or without compensation, provides a
liaison between health care providers and patients through
activities that may include activities such as assisting in case
conferences, providing patient education, making referrals to
health and social services, conducting needs assessments,
distributing surveys to identify barriers to health care delivery,
making home visits, and providing bilingual language services.
SUBCHAPTER B. TRAINING AND REGULATION OF PROMOTORAS AND COMMUNITY
HEALTH WORKERS
Sec. 48.051 [48.002]. PROMOTORA AND COMMUNITY HEALTH
WORKER TRAINING PROGRAM. (a) The department shall establish and
operate a program designed to train and educate persons who act as
promotoras or community health workers. In establishing the
training program, the department, to the extent possible, shall
consider the [report and any findings of and implement any]
applicable recommendations of the advisory committee [Promotora
Program Development Committee].
(b) Participation in a training and education program
established under this section is voluntary for a promotora or
community health worker who provides services without receiving any
compensation and mandatory for a promotora or community health
worker who provides services for compensation. The executive
commissioner [board] may adopt rules to exempt a promotora or
community health worker from mandatory training who has served for
three or more years or who has 1,000 or more hours of experience.
Sec. 48.052 [48.003]. CERTIFICATION PROGRAM FOR
PROMOTORAS AND COMMUNITY HEALTH WORKERS. (a) The department shall
establish and operate a certification program for persons who act
as promotoras or community health workers. In establishing the
program, the executive commissioner [board] shall adopt rules that
provide minimum standards and guidelines, including participation
in the training and education program under Section 48.051
[48.002], for issuance of a certificate to a person under this
section. In adopting the minimum standards and guidelines, the
executive commissioner [board] shall consider the [report and any
findings of and adopt any] applicable recommendations of the
advisory committee [Promotora Program Development Committee].
(b) Receipt of a certificate issued under this section may
not be a requirement for a person to act as a promotora or community
health worker without receiving any compensation and is a
requirement for a person to act as a promotora or community health
worker for compensation.
(c) The commission [Health and Human Services Commission]
shall require health and human services agencies to use certified
promotoras to the extent possible in health outreach and education
programs for recipients of medical assistance under Chapter 32,
Human Resources Code.
Sec. 48.053. RULES. The executive commissioner shall adopt
rules for the administration of this subchapter.
SUBCHAPTER C. MAXIMIZING BENEFITS FROM EMPLOYMENT OF
PROMOTORAS AND COMMUNITY HEALTH WORKERS
Sec. 48.101. PROMOTORA AND COMMUNITY HEALTH WORKER TRAINING
AND CERTIFICATION ADVISORY COMMITTEE. (a) The department shall
establish a statewide Promotora and Community Health Worker
Training and Certification Advisory Committee composed of
representatives from relevant entities appointed by the
commissioner. The commissioner shall appoint a member of the
advisory committee as presiding officer of the advisory committee.
(b) The advisory committee shall:
(1) advise the department and the commission on the
implementation of standards, guidelines, and requirements under
this chapter that relate to the training and regulation of
promotoras and community health workers;
(2) advise the department on matters related to the
employment and funding of promotoras and community health workers;
and
(3) provide to the department recommendations for a
sustainable program for promotoras and community health workers
consistent with the purposes of this subchapter.
(c) Chapter 2110, Government Code, applies to the advisory
committee.
Sec. 48.102. STUDY. (a) The department, in coordination
with the commission, shall:
(1) study the desirability and feasibility of
employing promotoras and community health workers to provide
publicly and privately funded health care services in this state;
(2) explore methods of funding and reimbursing
promotoras and community health workers for the provision of health
care services and outline the costs to this state of the funding and
reimbursement; and
(3) develop recommendations to:
(A) maximize the employment of and access to
promotoras and community health workers; and
(B) expand the funding of and reimbursement for
services provided by promotoras and community health workers.
(b) In conducting the study required by Subsection (a), the
department shall consult:
(1) relevant national organizations engaged in the
development of community health worker policy;
(2) the advisory committee; and
(3) other individuals or organizations the department
considers necessary.
(c) In conducting the study required under Subsection (a),
the department shall assess the impact of promotoras and community
health workers on increasing the efficiency of, quality of, and
access to health care services.
(d) On or before December 1, 2012, the department shall
submit to the legislature a report regarding the findings of the
study conducted under this section.
(e) This section expires December 31, 2012.
SECTION 3. The heading to Subtitle B, Title 2, Health and
Safety Code, is amended to read as follows:
SUBTITLE B. [TEXAS DEPARTMENT OF] HEALTH PROGRAMS
SECTION 4. If the executive commissioner of the Health and
Human Services Commission makes the determination specified by
Section 531.752, Government Code, as added by this Act, the
commission shall establish the statewide community-based navigator
program under Subchapter S, Chapter 531, Government Code, as added
by this Act, not later than September 1, 2012.
SECTION 5. Not later than December 31, 2011, the Department
of State Health Services shall:
(1) establish the Promotora and Community Health
Worker Training and Certification Advisory Committee as required by
Section 48.101, Health and Safety Code, as added by this Act; and
(2) adopt the rules required by Section 48.053, Health
and Safety Code, as added by this Act.
SECTION 6. 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 7. This Act takes effect September 1, 2011.
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