Texas Senate Bill SB2165

Texas 2017 - 85th Regular

Caption

Relating to day habilitation services for individuals with an intellectual disability; imposing an administrative penalty.

Impact

The legislation impacts state laws by establishing clearer definitions and requirements for day habilitation service providers. It mandates that these providers cannot operate without proper registration, which aligns them with federal requirements for Medicaid services. This will help ensure that service delivery is consistent with established standards, potentially leading to better outcomes for individuals seeking these services. Furthermore, the bill promotes a structure where providers must work collaboratively to support Medicaid waiver participants, making it a significant change in how day habilitation services are regulated in Texas.

Summary

SB2165, also known as the Day Habilitation Services Act, aims to regulate and enhance day habilitation services for individuals with intellectual disabilities in Texas. The bill introduces a new subchapter in the Human Resources Code that requires service providers to register with the Health and Human Services Commission. This registration signifies that the providers comply with established safety guidelines and minimum service requirements, which are crucial for ensuring that individuals receive the necessary support in nonresidential settings. By implementing these regulations, SB2165 seeks to improve the quality of services available to Medicaid waiver participants.

Contention

Notable points of contention surrounding SB2165 include concerns over the administrative penalties imposed on Medicaid waiver program providers for noncompliance. Critics argue that the penalties may lead to a reduced number of service providers willing to participate in Medicaid programs, thereby limiting access to day habilitation services for individuals in need. Additionally, the stipulation that day habilitation services cannot be provided in locations that also offer sheltered workshops or pay below minimum wage raises debates about the economic implications for service providers operating in these environments. Stakeholders emphasize the need for a balance between regulation and service availability.