By: Zaffirini S.B. No. 2165
A BILL TO BE ENTITLED
AN ACT
relating to day habilitation services for individuals with an
intellectual disability; imposing an administrative penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Human Resources Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. DAY HABILITATION REGISTRATION AND REGULATION
Sec. 161.401. DEFINITIONS. In this subchapter:
(1) "Day habilitation services" means services
provided in a nonresidential setting to assist persons with
intellectual and developmental disabilities in acquiring,
retaining, and improving the self-help, socialization, and
adaptive skills necessary to reside successfully in the community.
(2) "Day habilitation services provider" means a
person who contracts with a community-based intellectual and
developmental disabilities services provider or intermediate care
facility to provide federally funded Medicaid day habilitation
services authorized under Section 1915(c) of the federal Social
Security Act (42 U.S.C. Section 1396n(c).
(3) "Medicaid waiver participant" means an individual
who receives services through a Medicaid waiver program authorized
under 42 U.S.C. Section 1369n(c).
(4) "Medicaid waiver program" means services under the
state Medicaid home and community-based services waiver program for
persons with an intellectual disability adopted in accordance with
42 U.S.C. Section 1369n(c).
(5) "Service planning team" means a group of persons
convened to develop a plan of services and supports for a Medicaid
waiver participant, including the participant, appropriate staff
members and professional personnel, and other persons selected by
the participant's legally authorized representative.
Sec. 161.402. COMMISSION REGISTRATION PROGRAM. (a) The
executive commissioner by rule shall establish a registration
process by which a day habilitation services provider may register
with the commission if the provider demonstrates to the commission
that the provider:
(1) follows safety guidelines and minimum service
requirements established by the executive commissioner; and
(2) meets the minimum qualifications for a person or
entity providing services to an individual participating in the
consumer-directed service option under Section 531.051, Government
Code.
(b) The guidelines established under Subsection (a) shall
include a requirement that the setting and services provided by the
day habilitation services provider meet the federal requirements
established under 42 C.F.R. Sections 441.301(c)(4) and 441.530(a).
Sec. 161.403. DUTIES OF MEDICAID WAIVER PROGRAM PROVIDER.
(a) A Medicaid waiver program provider shall make a good faith
effort to provide employment services or day habilitation services
to a Medicaid waiver participant who wishes to participate in
employment services or day habilitation.
(b) A Medicaid waiver program provider may not contract with
a day habilitation services provider who provides day habilitation
services to a Medicaid waiver participant as part of the Medicaid
waiver program unless the provider is registered with the
commission under Section 161.402.
(c) A Medicaid waiver program provider shall develop and
implement a procedure by which a Medicaid waiver participant may
pool Medicaid funds dedicated for day services with one or more
other participants to pay for access to day services as a group.
(d) The commission may impose an administrative penalty
against a Medicaid waiver program provider who violates this
section.
Sec. 161.404. DUTY OF SERVICE PLANNING TEAM. A Medicaid
waiver participant's service planning team shall inform the
participant that employment services or day habilitation services
are optional and the participant can choose to participate or not to
participate in employment services or day habilitation services.
Sec. 161.405. CERTAIN LOCATIONS FOR DAY HABILITATION
SERVICES PROHIBITED. A day habilitation services provider may not
provide services at the same location as:
(1) a sheltered workshop; or
(2) an employment setting in which participants are
paid less than minimum wage.
Sec. 161.406. CERTAIN DAY HABILITATION SERVICES PROVIDERS
PROHIBITED. An employer of record of a Medicaid waiver participant
may not provide day habilitation services to the participant.
SECTION 2. Not later than December 1, 2017, the Health and
Human Services Commission shall adopt rules required by Section
161.402, Human Resources Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2017.