Texas 2017 - 85th Regular

Texas Senate Bill SB2165 Compare Versions

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

Old	New	Differences
1	1	By: Zaffirini S.B. No. 2165
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to day habilitation services for individuals with an
7	7	intellectual disability; imposing an administrative penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 161, Human Resources Code, is amended by
10	10	adding Subchapter J to read as follows:
11	11	SUBCHAPTER J. DAY HABILITATION REGISTRATION AND REGULATION
12	12	Sec. 161.401. DEFINITIONS. In this subchapter:
13	13	(1) "Day habilitation services" means services
14	14	provided in a nonresidential setting to assist persons with
15	15	intellectual and developmental disabilities in acquiring,
16	16	retaining, and improving the self-help, socialization, and
17	17	adaptive skills necessary to reside successfully in the community.
18	18	(2) "Day habilitation services provider" means a
19	19	person who contracts with a community-based intellectual and
20	20	developmental disabilities services provider or intermediate care
21	21	facility to provide federally funded Medicaid day habilitation
22	22	services authorized under Section 1915(c) of the federal Social
23	23	Security Act (42 U.S.C. Section 1396n(c).
24	24	(3) "Medicaid waiver participant" means an individual
25	25	who receives services through a Medicaid waiver program authorized
26	26	under 42 U.S.C. Section 1369n(c).
27	27	(4) "Medicaid waiver program" means services under the
28	28	state Medicaid home and community-based services waiver program for
29	29	persons with an intellectual disability adopted in accordance with
30	30	42 U.S.C. Section 1369n(c).
31	31	(5) "Service planning team" means a group of persons
32	32	convened to develop a plan of services and supports for a Medicaid
33	33	waiver participant, including the participant, appropriate staff
34	34	members and professional personnel, and other persons selected by
35	35	the participant's legally authorized representative.
36	36	Sec. 161.402. COMMISSION REGISTRATION PROGRAM. (a) The
37	37	executive commissioner by rule shall establish a registration
38	38	process by which a day habilitation services provider may register
39	39	with the commission if the provider demonstrates to the commission
40	40	that the provider:
41	41	(1) follows safety guidelines and minimum service
42	42	requirements established by the executive commissioner; and
43	43	(2) meets the minimum qualifications for a person or
44	44	entity providing services to an individual participating in the
45	45	consumer-directed service option under Section 531.051, Government
46	46	Code.
47	47	(b) The guidelines established under Subsection (a) shall
48	48	include a requirement that the setting and services provided by the
49	49	day habilitation services provider meet the federal requirements
50	50	established under 42 C.F.R. Sections 441.301(c)(4) and 441.530(a).
51	51	Sec. 161.403. DUTIES OF MEDICAID WAIVER PROGRAM PROVIDER.
52	52	(a) A Medicaid waiver program provider shall make a good faith
53	53	effort to provide employment services or day habilitation services
54	54	to a Medicaid waiver participant who wishes to participate in
55	55	employment services or day habilitation.
56	56	(b) A Medicaid waiver program provider may not contract with
57	57	a day habilitation services provider who provides day habilitation
58	58	services to a Medicaid waiver participant as part of the Medicaid
59	59	waiver program unless the provider is registered with the
60	60	commission under Section 161.402.
61	61	(c) A Medicaid waiver program provider shall develop and
62	62	implement a procedure by which a Medicaid waiver participant may
63	63	pool Medicaid funds dedicated for day services with one or more
64	64	other participants to pay for access to day services as a group.
65	65	(d) The commission may impose an administrative penalty
66	66	against a Medicaid waiver program provider who violates this
67	67	section.
68	68	Sec. 161.404. DUTY OF SERVICE PLANNING TEAM. A Medicaid
69	69	waiver participant's service planning team shall inform the
70	70	participant that employment services or day habilitation services
71	71	are optional and the participant can choose to participate or not to
72	72	participate in employment services or day habilitation services.
73	73	Sec. 161.405. CERTAIN LOCATIONS FOR DAY HABILITATION
74	74	SERVICES PROHIBITED. A day habilitation services provider may not
75	75	provide services at the same location as:
76	76	(1) a sheltered workshop; or
77	77	(2) an employment setting in which participants are
78	78	paid less than minimum wage.
79	79	Sec. 161.406. CERTAIN DAY HABILITATION SERVICES PROVIDERS
80	80	PROHIBITED. An employer of record of a Medicaid waiver participant
81	81	may not provide day habilitation services to the participant.
82	82	SECTION 2. Not later than December 1, 2017, the Health and
83	83	Human Services Commission shall adopt rules required by Section
84	84	161.402, Human Resources Code, as added by this Act.
85	85	SECTION 3. This Act takes effect September 1, 2017.