1 | 1 | | 86R8550 KLA-F |
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2 | 2 | | By: Hinojosa H.B. No. 1564 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the provision of certain support services to persons |
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8 | 8 | | who are deaf-blind. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 81.001, Human Resources Code, is amended |
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11 | 11 | | by adding Subdivision (1) to read as follows: |
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12 | 12 | | (1) "Commission" means the Health and Human Services |
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13 | 13 | | Commission. |
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14 | 14 | | SECTION 2. Chapter 81, Human Resources Code, is amended by |
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15 | 15 | | adding Section 81.014 to read as follows: |
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16 | 16 | | Sec. 81.014. SUPPORT SERVICES PROGRAM FOR PERSONS WHO ARE |
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17 | 17 | | DEAF-BLIND. (a) In this section: |
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18 | 18 | | (1) "Communication mode" includes communication |
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19 | 19 | | through: |
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20 | 20 | | (A) auditory amplification, such as through a |
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21 | 21 | | personal hearing aid or assistive listening device; |
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22 | 22 | | (B) American Sign Language or Signed English; and |
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23 | 23 | | (C) tactile American Sign Language. |
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24 | 24 | | (2) "Deaf-blind support services" means services |
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25 | 25 | | provided to a person who is deaf-blind that assist the person with |
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26 | 26 | | accessing the person's environment and allow the person to make |
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27 | 27 | | informed decisions. The term includes providing visual and |
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28 | 28 | | environmental information or sighted guide services and assisting |
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29 | 29 | | with communication accessibility by communicating in the preferred |
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30 | 30 | | language and communication mode of the person who is deaf-blind. |
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31 | 31 | | The term does not include performing any of the following for the |
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32 | 32 | | person: |
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33 | 33 | | (A) providing personal care services to the |
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34 | 34 | | person; |
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35 | 35 | | (B) completing ordinary errands for the person; |
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36 | 36 | | (C) making decisions for the person; |
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37 | 37 | | (D) teaching or otherwise instructing the |
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38 | 38 | | person; or |
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39 | 39 | | (E) interpreting for the person in a formal |
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40 | 40 | | setting, including a medical, legal, or business setting. |
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41 | 41 | | (3) "Program" means the deaf-blind support services |
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42 | 42 | | program. |
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43 | 43 | | (4) "Provider of deaf-blind support services" means a |
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44 | 44 | | person who is specially trained to provide deaf-blind support |
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45 | 45 | | services. |
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46 | 46 | | (b) The commission shall operate a statewide deaf-blind |
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47 | 47 | | support services program through which: |
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48 | 48 | | (1) deaf-blind support services are provided by |
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49 | 49 | | providers of deaf-blind support services; and |
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50 | 50 | | (2) the commission reimburses the providers for the |
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51 | 51 | | provision of the services. |
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52 | 52 | | (c) The executive commissioner by rule shall establish |
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53 | 53 | | reimbursement rates to be paid to a provider of deaf-blind support |
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54 | 54 | | services under the program. The reimbursement rates must use a |
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55 | 55 | | tiered wage scale that is based on the provider's: |
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56 | 56 | | (1) level of training in communication modes for |
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57 | 57 | | persons who are deaf-blind and in sighted guide-mobility |
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58 | 58 | | techniques; and |
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59 | 59 | | (2) fluency in communication modes for persons who are |
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60 | 60 | | deaf-blind. |
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61 | 61 | | (d) The commission shall ensure that quality deaf-blind |
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62 | 62 | | support services are provided under the program by: |
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63 | 63 | | (1) monitoring the compliance of providers of |
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64 | 64 | | deaf-blind support services with program rules; |
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65 | 65 | | (2) developing funding sources for the program that |
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66 | 66 | | are in addition to state sources and will reduce reliance on the |
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67 | 67 | | state sources for continuation of the program; and |
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68 | 68 | | (3) providing funding and technical assistance for |
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69 | 69 | | training programs for: |
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70 | 70 | | (A) providers of deaf-blind support services |
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71 | 71 | | under the program; and |
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72 | 72 | | (B) persons who are deaf-blind to enable those |
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73 | 73 | | persons to effectively use the services offered under the program. |
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74 | 74 | | (e) The executive commissioner may establish an advisory |
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75 | 75 | | committee to advise the commission in developing and operating the |
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76 | 76 | | program, including operating the program in a manner that ensures |
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77 | 77 | | the efficient use of state money. Subject to Section 2110.002, |
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78 | 78 | | Government Code, the executive commissioner shall determine the |
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79 | 79 | | number of members serving on the advisory committee, which must |
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80 | 80 | | include persons who are deaf-blind and other stakeholders. |
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81 | 81 | | (f) The executive commissioner may adopt rules necessary |
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82 | 82 | | to: |
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83 | 83 | | (1) operate the program in a manner that is efficient |
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84 | 84 | | and maximizes the number of persons served; and |
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85 | 85 | | (2) ensure that providers of deaf-blind support |
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86 | 86 | | services receiving reimbursement under the program have adequate |
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87 | 87 | | training to provide those services. |
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88 | 88 | | SECTION 3. Not later than September 1, 2020: |
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89 | 89 | | (1) the executive commissioner of the Health and Human |
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90 | 90 | | Services Commission shall adopt rules necessary to implement |
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91 | 91 | | Section 81.014, Human Resources Code, as added by this Act; and |
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92 | 92 | | (2) the commission shall begin operating the program |
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93 | 93 | | required by that section. |
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94 | 94 | | SECTION 4. This Act takes effect September 1, 2019. |
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