Texas 2017 - 85th Regular

Texas House Bill HB4096 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R15355 TYPED
2	2	By: Klick H.B. No. 4096
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to improving the care of, and increasing opportunities
8	8	for, children and adolescents with physical and developmental
9	9	disabilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 54 Education Code, is
12	12	amended by adding Section 54.9031
13	13	Sec. 54.9031 INCREASED OUTREACH REGARDING TEXAS ABLE
14	14	PROGRAM. (a) In administering this section, the board shall engage
15	15	in outreach efforts to inform and educate individuals eligible for
16	16	an ABLE account, including families of eligible children.
17	17	(b) As part of this effort the board shall ensure that
18	18	information regarding ABLE accounts is provided to state agencies
19	19	serving individuals with physical and developmental disabilities
20	20	who may be eligible for an ABLE account. The board shall also
21	21	ensure that managed care organizations providing benefits and
22	22	services under the medical assistance program and the Children's
23	23	Health Insurance Program (CHIP) to individuals eligible for ABLE
24	24	accounts are furnished information to provide to eligible
25	25	enrollees.
26	26	SECTION 2. Subchapter A, Chapter 531, Government Code,
27	27	Section 531.02445 is amended by adding subsection (C)to read as
28	28	follows:
29	29	Sec. 531.02445. TRANSITION SERVICES FOR YOUTH WITH
30	30	DISABILITIES. (a) The executive commissioner shall monitor
31	31	programs and services offered through health and human services
32	32	agencies designed to assist youth with disabilities to transition
33	33	from school-oriented living to post-schooling activities, services
34	34	for adults, or community living.
35	35	(b) In monitoring the programs and services, the executive
36	36	commissioner shall:
37	37	(1) consider whether the programs or services result
38	38	in positive outcomes in the employment, community integration,
39	39	health, and quality of life of individuals with disabilities; and
40	40	(2) collect information regarding the outcomes of the
41	41	transition process as necessary to assess the programs and
42	42	services.
43	43	(c) In reviewing available services and programs for these
44	44	individuals, the executive commissioner shall consider whether any
45	45	opportunities exist to partner with the Texas Education Agency or
46	46	other applicable agencies to offer training I specialized skills
47	47	for school-age children with disabilities to help promote
48	48	independence.
49	49	SECTION 3. Subchapter A, Chapter 531 Government, Section
50	50	531.0245 is amended by adding subsection (c) to read as follows:
51	51	Sec. 531.0245. PERMANENCY PLANNING FOR CERTAIN CHILDREN.
52	52	(a) The commission and each appropriate health and human
53	53	services agency shall develop procedures to ensure that permanency
54	54	planning is provided for each child residing in an institution in
55	55	this state on a temporary or long-term basis or for whom
56	56	institutional care is sought.
57	57	(b) In this section:
58	58	(1) "Institution" has the meaning assigned by Section
59	59	242.002, Health and Safety Code.
60	60	(2) "Permanency planning" has the meaning assigned by
61	61	Section 531.151.
62	62	(c) The commission shall take into consideration the
63	63	educational needs of each child in developing the permanency plans
64	64	required by this section, and how those needs may be met both on an
65	65	immediate and long-term basis.
66	66	SECTION 4. Subchapter A, Chapter 531 Government Code,
67	67	Section 531.02491 is amended to read as follows:
68	68	Sec. 531.02491. JOINT TRAINING FOR CERTAIN CASEWORKERS.
69	69	(a) The executive commissioner shall provide for joint training
70	70	for health and human services caseworkers whose clients are
71	71	children, including caseworkers employed by:
72	72	(1) the commission;
73	73	(2) the Department of Aging and Disability Services;
74	74	(3) the Department of State Health Services;
75	75	(4) the Department of Family and Protective Services;
76	76	(5) a Medicaid managed care organization providing
77	77	services under the STAR Kids Program;
78	78	(4) (6) a local mental health authority; and
79	79	(5) (7) a local intellectual and developmental
80	80	disability authority.
81	81	(b) Training provided under this section must be designed to
82	82	increase a caseworker's knowledge and awareness of the services
83	83	available to children at each health and human services agency or
84	84	local mental health or intellectual and developmental disability
85	85	authority, including long-term care programs and services
86	86	available under a Section 1915(c) waiver program, and the Texas
87	87	ABLE Program.
88	88	SECTION 5. Subchapter A, Chapter 531 Government Code,
89	89	amended by adding Section 531.02493 to read as follows:
90	90	Sec. 531.02493. DELIVERY OF HEALTH AND HUMAN SERVICES AND
91	91	OTHER SUPPORT SERVICES TO SCHOOL-AGE TEXANS WITH DISABILITIES.
92	92	(b) The commission, in conjunction with the Texas Education
93	93	Agency, shall electronically publish on the commission's Internet
94	94	website a biennial report and, on or before the date the report is
95	95	due, shall notify the governor, the lieutenant governor, the
96	96	speaker of the house of representatives, the comptroller, the
97	97	Legislative Budget Board, the Texas Education Agency, and the
98	98	appropriate legislative committees that the report is available on
99	99	the commission's Internet website. The report must address the
100	100	efforts of the health and human services agencies and the Texas
101	101	Education Agency to provide health and human services and support
102	102	services to school-age children with physical and developmental
103	103	disabilities. The report may contain recommendations by the
104	104	commission and the Texas Education Agency to better coordinate
105	105	state agency programs relating to the delivery of services to these
106	106	children and may propose joint agency collaborative programs. This
107	107	information may be combined with the report required by Sec.
108	108	531.02492 or other relevant reporting requirements.
109	109	SECTION 6. Subchapter A, Chapter 531 Government Code, is
110	110	amended by addition Section 531.095 to read as follows:
111	111	Sec. 531.095. OPPORTUNITY SAVINGS ACCOUNTS FOR CHILDREN
112	112	WITH DISABILITIES. (a) The commission shall study the
113	113	establishment of an Opportunity Savings Account for children with
114	114	disabilities enrolled in the medical assistance program and the
115	115	Children's Health Insurance Program (CHIP) to be used promote
116	116	support and independence of these children.
117	117	(b) In conducting this study the commission shall review:
118	118	(1) eligibility standards and allowable expenses
119	119	under the Texas ABLE Program;
120	120	(2) the estimated number of enrollees in medical
121	121	assistance and Children's Health Insurance Program who will be
122	122	eligible for the Texas ABLE Program;
123	123	(3) the extent to which Health Savings Accounts would
124	124	be beneficial to children with disabilities;
125	125	(4) any additional savings programs that are available
126	126	to, and could benefit, children with disabilities;
127	127	(5) whether opportunity exists to establish an
128	128	Opportunity Savings Program specifically for children described by
129	129	Sec. 531.095(a).
130	130	(c) If the commission finds that additional needs exist
131	131	beyond what are covered, or that a significant number of children
132	132	described in Sec. 531,095(a) are not eligible for existing
133	133	programs, the Commission shall pursue establishment of an
134	134	Opportunity Savings Account program, to be administered by the
135	135	commission, for the purpose of promoting the health, wellness, and
136	136	independence of children with disabilities.
137	137	SECTION 7. Subchapter A, Chapter 533 Government Code, is
138	138	amended by adding Section 533.00253 is amended by adding Subsection
139	139	(g) to read as follows:
140	140	(g) Managed care organizations providing services in this
141	141	program must inform and, to the extent feasible, assist families in
142	142	pursuing savings programs designed to support and further
143	143	independence for children with disabilities. Programs include, but
144	144	are not limited to, health savings accounts, the Texas ABLE
145	145	Program, and the Texas Tomorrow Fund.
146	146	SECTION 8. The commission shall finalize the report
147	147	required by Sec. 531.095 no later than September 1, 2018, and
148	148	provide a copy to the governor, lt. governor, speaker, and standing
149	149	legislative committees with jurisdiction over these matters.
150	150	SECTION 9. Not later than January 1, 2018, the executive
151	151	commissioner of the Health and Human Services Commission shall
152	152	adopt necessary rules, guidelines, or contract provisions or amend
153	153	existing rules, guidelines, or contract provisions as necessary to
154	154	comply with the requirements as added by this Act.
155	155	SECTION 10. This Act takes effect immediately if it
156	156	receives a vote of two-thirds of all the members elected to each
157	157	house, as provided by Section 39, Article III, Texas Constitution.
158	158	If this Act does not receive the vote necessary for immediate
159	159	effect, this Act takes effect September 1, 2017.