| 1 | 1 | | By: Zaffirini S.B. No. 45 |
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| 2 | 2 | | (Naishtat) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of employment assistance and supported |
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| 8 | 8 | | employment to certain Medicaid waiver program participants. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 32.075 to read as follows: |
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| 12 | 12 | | Sec. 32.075. EMPLOYMENT ASSISTANCE AND SUPPORTED |
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| 13 | 13 | | EMPLOYMENT. (a) In this section: |
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| 14 | 14 | | (1) "Employment assistance" means assistance provided |
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| 15 | 15 | | to an individual to help the individual locate paid employment in |
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| 16 | 16 | | the community. Employment assistance includes: |
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| 17 | 17 | | (A) identifying an individual's employment |
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| 18 | 18 | | preferences, job skills, and requirements for a work setting and |
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| 19 | 19 | | work conditions; |
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| 20 | 20 | | (B) locating prospective employers offering |
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| 21 | 21 | | employment compatible with an individual's identified preferences, |
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| 22 | 22 | | skills, and requirements; and |
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| 23 | 23 | | (C) contacting a prospective employer on behalf |
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| 24 | 24 | | of an individual and negotiating the individual's employment. |
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| 25 | 25 | | (2) "Supported employment" means assistance provided, |
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| 26 | 26 | | in order to sustain paid employment, to an individual who, because |
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| 27 | 27 | | of a disability, requires intensive, ongoing support to be |
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| 28 | 28 | | self-employed, work from home, or perform in a work setting at which |
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| 29 | 29 | | individuals without disabilities are employed. Supported |
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| 30 | 30 | | employment includes adaptations, supervision, and training related |
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| 31 | 31 | | to an individual's diagnosis. |
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| 32 | 32 | | (b) This section applies only to the following medical |
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| 33 | 33 | | assistance waiver programs: |
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| 34 | 34 | | (1) the community based alternatives program; |
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| 35 | 35 | | (2) the community living assistance and support |
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| 36 | 36 | | services program; |
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| 37 | 37 | | (3) the deaf-blind with multiple disabilities |
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| 38 | 38 | | program; |
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| 39 | 39 | | (4) the home and community-based services program; |
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| 40 | 40 | | (5) the medically dependent children program; |
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| 41 | 41 | | (6) the STAR + PLUS Medicaid managed care program; |
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| 42 | 42 | | (7) the Texas home living program; and |
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| 43 | 43 | | (8) the youth empowerment services program. |
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| 44 | 44 | | (c) The department shall provide employment assistance and |
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| 45 | 45 | | supported employment to participants in the waiver programs |
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| 46 | 46 | | identified in Subsection (b). |
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| 47 | 47 | | SECTION 2. As soon as possible after the effective date of |
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| 48 | 48 | | this Act, the Health and Human Services Commission shall apply for |
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| 49 | 49 | | any waiver or other authorization necessary to implement this Act. |
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| 50 | 50 | | The commission may delay implementing this Act until the waiver or |
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| 51 | 51 | | authorization is granted. |
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| 52 | 52 | | SECTION 3. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2013. |
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