85R15355 TYPED
By: Klick H.B. No. 4096
A BILL TO BE ENTITLED
AN ACT
relating to improving the care of, and increasing opportunities
for, children and adolescents with physical and developmental
disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 54 Education Code, is
amended by adding Section 54.9031
Sec. 54.9031 INCREASED OUTREACH REGARDING TEXAS ABLE
PROGRAM. (a) In administering this section, the board shall engage
in outreach efforts to inform and educate individuals eligible for
an ABLE account, including families of eligible children.
(b) As part of this effort the board shall ensure that
information regarding ABLE accounts is provided to state agencies
serving individuals with physical and developmental disabilities
who may be eligible for an ABLE account. The board shall also
ensure that managed care organizations providing benefits and
services under the medical assistance program and the Children's
Health Insurance Program (CHIP) to individuals eligible for ABLE
accounts are furnished information to provide to eligible
enrollees.
SECTION 2. Subchapter A, Chapter 531, Government Code,
Section 531.02445 is amended by adding subsection (C)to read as
follows:
Sec. 531.02445. TRANSITION SERVICES FOR YOUTH WITH
DISABILITIES. (a) The executive commissioner shall monitor
programs and services offered through health and human services
agencies designed to assist youth with disabilities to transition
from school-oriented living to post-schooling activities, services
for adults, or community living.
(b) In monitoring the programs and services, the executive
commissioner shall:
(1) consider whether the programs or services result
in positive outcomes in the employment, community integration,
health, and quality of life of individuals with disabilities; and
(2) collect information regarding the outcomes of the
transition process as necessary to assess the programs and
services.
(c) In reviewing available services and programs for these
individuals, the executive commissioner shall consider whether any
opportunities exist to partner with the Texas Education Agency or
other applicable agencies to offer training I specialized skills
for school-age children with disabilities to help promote
independence.
SECTION 3. Subchapter A, Chapter 531 Government, Section
531.0245 is amended by adding subsection (c) to read as follows:
Sec. 531.0245. PERMANENCY PLANNING FOR CERTAIN CHILDREN.
(a) The commission and each appropriate health and human
services agency shall develop procedures to ensure that permanency
planning is provided for each child residing in an institution in
this state on a temporary or long-term basis or for whom
institutional care is sought.
(b) In this section:
(1) "Institution" has the meaning assigned by Section
242.002, Health and Safety Code.
(2) "Permanency planning" has the meaning assigned by
Section 531.151.
(c) The commission shall take into consideration the
educational needs of each child in developing the permanency plans
required by this section, and how those needs may be met both on an
immediate and long-term basis.
SECTION 4. Subchapter A, Chapter 531 Government Code,
Section 531.02491 is amended to read as follows:
Sec. 531.02491. JOINT TRAINING FOR CERTAIN CASEWORKERS.
(a) The executive commissioner shall provide for joint training
for health and human services caseworkers whose clients are
children, including caseworkers employed by:
(1) the commission;
(2) the Department of Aging and Disability Services;
(3) the Department of State Health Services;
(4) the Department of Family and Protective Services;
(5) a Medicaid managed care organization providing
services under the STAR Kids Program;
(4) (6) a local mental health authority; and
(5) (7) a local intellectual and developmental
disability authority.
(b) Training provided under this section must be designed to
increase a caseworker's knowledge and awareness of the services
available to children at each health and human services agency or
local mental health or intellectual and developmental disability
authority, including long-term care programs and services
available under a Section 1915(c) waiver program, and the Texas
ABLE Program.
SECTION 5. Subchapter A, Chapter 531 Government Code,
amended by adding Section 531.02493 to read as follows:
Sec. 531.02493. DELIVERY OF HEALTH AND HUMAN SERVICES AND
OTHER SUPPORT SERVICES TO SCHOOL-AGE TEXANS WITH DISABILITIES.
(b) The commission, in conjunction with the Texas Education
Agency, shall electronically publish on the commission's Internet
website a biennial report and, on or before the date the report is
due, shall notify the governor, the lieutenant governor, the
speaker of the house of representatives, the comptroller, the
Legislative Budget Board, the Texas Education Agency, and the
appropriate legislative committees that the report is available on
the commission's Internet website. The report must address the
efforts of the health and human services agencies and the Texas
Education Agency to provide health and human services and support
services to school-age children with physical and developmental
disabilities. The report may contain recommendations by the
commission and the Texas Education Agency to better coordinate
state agency programs relating to the delivery of services to these
children and may propose joint agency collaborative programs. This
information may be combined with the report required by Sec.
531.02492 or other relevant reporting requirements.
SECTION 6. Subchapter A, Chapter 531 Government Code, is
amended by addition Section 531.095 to read as follows:
Sec. 531.095. OPPORTUNITY SAVINGS ACCOUNTS FOR CHILDREN
WITH DISABILITIES. (a) The commission shall study the
establishment of an Opportunity Savings Account for children with
disabilities enrolled in the medical assistance program and the
Children's Health Insurance Program (CHIP) to be used promote
support and independence of these children.
(b) In conducting this study the commission shall review:
(1) eligibility standards and allowable expenses
under the Texas ABLE Program;
(2) the estimated number of enrollees in medical
assistance and Children's Health Insurance Program who will be
eligible for the Texas ABLE Program;
(3) the extent to which Health Savings Accounts would
be beneficial to children with disabilities;
(4) any additional savings programs that are available
to, and could benefit, children with disabilities;
(5) whether opportunity exists to establish an
Opportunity Savings Program specifically for children described by
Sec. 531.095(a).
(c) If the commission finds that additional needs exist
beyond what are covered, or that a significant number of children
described in Sec. 531,095(a) are not eligible for existing
programs, the Commission shall pursue establishment of an
Opportunity Savings Account program, to be administered by the
commission, for the purpose of promoting the health, wellness, and
independence of children with disabilities.
SECTION 7. Subchapter A, Chapter 533 Government Code, is
amended by adding Section 533.00253 is amended by adding Subsection
(g) to read as follows:
(g) Managed care organizations providing services in this
program must inform and, to the extent feasible, assist families in
pursuing savings programs designed to support and further
independence for children with disabilities. Programs include, but
are not limited to, health savings accounts, the Texas ABLE
Program, and the Texas Tomorrow Fund.
SECTION 8. The commission shall finalize the report
required by Sec. 531.095 no later than September 1, 2018, and
provide a copy to the governor, lt. governor, speaker, and standing
legislative committees with jurisdiction over these matters.
SECTION 9. Not later than January 1, 2018, the executive
commissioner of the Health and Human Services Commission shall
adopt necessary rules, guidelines, or contract provisions or amend
existing rules, guidelines, or contract provisions as necessary to
comply with the requirements as added by this Act.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2017.