83R1501 AED-D
By: Gonzales H.B. No. 1005
A BILL TO BE ENTITLED
AN ACT
relating to the certification of day habilitation services
providers for individuals with intellectual disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The purpose of this Act is to ensure that day
habilitation services providers provide high-quality services.
SECTION 2. Chapter 161, Human Resources Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. DAY HABILITATION SERVICES PROVIDERS
Sec. 161.401. DEFINITIONS. In this subchapter:
(1) "Active treatment" means a continuous,
aggressive, consistent implementation of a program of
habilitation, including specialized and generic training,
treatment, health services, and related services. Active treatment
does not include services to maintain generally independent
individuals who are able to function with little supervision or in
the absence of a continuous active treatment program.
(2) "Client" means a person receiving services from a
waiver provider or a facility.
(3) "Day habilitation services" means an active
treatment provided by a waiver provider on a regularly scheduled
basis primarily to individuals with an intellectual disability or a
related condition.
(4) "Day habilitation services site" means a location
at which a waiver provider provides day habilitation services.
(5) "Facility" means an intermediate care facility for
individuals with an intellectual disability or a related condition
that is licensed under Chapter 252, Health and Safety Code, or that
is operated by or contracts with the department.
(6) "Intellectual disability" has the meaning
assigned by Section 591.003, Health and Safety Code.
(7) "Related condition" means a severe and chronic
disability that:
(A) is attributed to:
(i) cerebral palsy or epilepsy; or
(ii) any other condition, other than mental
illness, found to be closely related to intellectual disability
because the condition results in impairment of general intellectual
functioning or adaptive behavior similar to that of individuals
with intellectual disability, and requires treatment or services
similar to those required for individuals with intellectual
disability;
(B) is manifested before the individual reaches
22 years of age;
(C) is likely to continue indefinitely; and
(D) results in substantial functional limitation
in at least three of the following areas of major life activity:
(i) self-care;
(ii) understanding and use of language;
(iii) learning;
(iv) mobility;
(v) self-direction; and
(vi) capacity for independent living.
(8) "Waiver provider" means a person who contracts
with the department to provide federally funded Medicaid day
habilitation services authorized under Section 1915(c) of the
federal Social Security Act (42 U.S.C. Section 1396n(c)).
Sec. 161.402. DEPARTMENT DUTIES. The department shall
adopt rules for implementing this subchapter and set standards for:
(1) the health and welfare of clients receiving day
habilitation services;
(2) the quality of day habilitation services provided
by a waiver provider;
(3) the adequate supervision of clients receiving day
habilitation services;
(4) the qualifications of waiver provider staff
providing day habilitation services; and
(5) the requirements to be a day habilitation services
site.
Sec. 161.403. CERTIFICATION REQUIRED FOR WAIVER PROVIDERS.
(a) The department may not pay a waiver provider for day
habilitation services unless the waiver provider is:
(1) certified by the department as a day habilitation
services provider under this subchapter; or
(2) licensed by the department as an adult day-care
facility under Chapter 103.
(b) A facility may not contract with a waiver provider to
provide day habilitation services unless the waiver provider is:
(1) certified by the department as a day habilitation
services provider under this subchapter; or
(2) licensed by the department as an adult day-care
facility under Chapter 103.
Sec. 161.404. CERTIFICATION REQUIREMENTS. (a) The
department shall certify a waiver provider who meets the
requirements prescribed by this subchapter as a day habilitation
services provider.
(b) A waiver provider must obtain a separate certification
for each day habilitation services site.
(c) A certification expires on the second anniversary of the
date of issuance.
(d) The department shall adopt rules for procedures and
standards for certification of day habilitation services
providers.
Sec. 161.405. CERTIFICATION APPLICATION. (a) An applicant
for certification as a day habilitation services provider must file
an application on a form prescribed by the department together with
a certification fee of $50.
(b) The applicant must provide evidence of the ability to
comply with the requirements of the department.
(c) A waiver provider who is certified as a day habilitation
services provider under this subchapter must file an application
for renewal certification not later than the 60th day before the
expiration date of the certification on a form prescribed by the
department together with a renewal fee of $50.
(d) An applicant for certification renewal who submits an
application later than the 60th day before the expiration date of
the certification is subject to a late fee in accordance with
department rules.
Sec. 161.406. REVIEWS AND COMPLAINTS. (a) The department
may enter the premises of a day habilitation services site at
reasonable times to conduct a review necessary to certify a waiver
provider, renew a certification, or address a complaint, or to
follow up on the death of a client or the observations, findings, or
recommendations of the Department of Family and Protective Services
resulting from an allegation of abuse, neglect, or exploitation.
(b) Any person may file with the department a complaint
about a day habilitation services provider or a day habilitation
services site, including a complaint relating to an alleged
violation of a certification requirement. The department shall
address the complaint and determine actions necessary to resolve
the complaint.
Sec. 161.407. CERTIFICATION DENIAL, SUSPENSION, OR
REVOCATION. (a) The department may deny, suspend, or revoke the
certification of an applicant or holder of a certification who
fails to comply with the rules or standards for certification
required by this subchapter or adopted by the department.
(b) The denial, suspension, or revocation of a
certification and the appeal from that action are governed by the
procedures for a contested case hearing under Chapter 2001,
Government Code.
Sec. 161.408. DISPOSITION OF FUNDS. All money collected
under this subchapter shall be deposited to the credit of a special
account in the general revenue fund and may be appropriated only to
the department for the purpose of administering this subchapter,
including conducting reviews under Section 161.406.
SECTION 3. Section 253.001(4), Health and Safety Code, is
amended to read as follows:
(4) "Facility" means:
(A) a facility:
(i) licensed by the department; [or]
(ii) licensed under Chapter 252; or
(iii) that is a day habilitation services
site of a day habilitation services provider certified under
Subchapter J, Chapter 161, Human Resources Code;
(B) an adult foster care provider that contracts
with the department; or
(C) a home and community support services agency
licensed by the department under Chapter 142.
SECTION 4. (a) Not later than June 1, 2015, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules required by Subchapter J, Chapter 161, Human
Resources Code, as added by this Act.
(b) A day habilitation services provider that is subject to
Subchapter J, Chapter 161, Human Resources Code, as added by this
Act, is not required to be certified by the Department of Aging and
Disability Services as required by that subchapter until July 1,
2015.
SECTION 5. This Act takes effect September 1, 2014.