Texas 2019 - 86th Regular

Texas House Bill HB1564 Latest Draft

Bill / Introduced Version Filed 02/11/2019

                            86R8550 KLA-F
 By: Hinojosa H.B. No. 1564


 A BILL TO BE ENTITLED
 AN ACT
 relating to the provision of certain support services to persons
 who are deaf-blind.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 81.001, Human Resources Code, is amended
 by adding Subdivision (1) to read as follows:
 (1)  "Commission" means the Health and Human Services
 Commission.
 SECTION 2.  Chapter 81, Human Resources Code, is amended by
 adding Section 81.014 to read as follows:
 Sec. 81.014.  SUPPORT SERVICES PROGRAM FOR PERSONS WHO ARE
 DEAF-BLIND. (a) In this section:
 (1)  "Communication mode" includes communication
 through:
 (A)  auditory amplification, such as through a
 personal hearing aid or assistive listening device;
 (B)  American Sign Language or Signed English; and
 (C)  tactile American Sign Language.
 (2)  "Deaf-blind support services" means services
 provided to a person who is deaf-blind that assist the person with
 accessing the person's environment and allow the person to make
 informed decisions. The term includes providing visual and
 environmental information or sighted guide services and assisting
 with communication accessibility by communicating in the preferred
 language and communication mode of the person who is deaf-blind.
 The term does not include performing any of the following for the
 person:
 (A)  providing personal care services to the
 person;
 (B)  completing ordinary errands for the person;
 (C)  making decisions for the person;
 (D)  teaching or otherwise instructing the
 person; or
 (E)  interpreting for the person in a formal
 setting, including a medical, legal, or business setting.
 (3)  "Program" means the deaf-blind support services
 program.
 (4)  "Provider of deaf-blind support services" means a
 person who is specially trained to provide deaf-blind support
 services.
 (b)  The commission shall operate a statewide deaf-blind
 support services program through which:
 (1)  deaf-blind support services are provided by
 providers of deaf-blind support services; and
 (2)  the commission reimburses the providers for the
 provision of the services.
 (c)  The executive commissioner by rule shall establish
 reimbursement rates to be paid to a provider of deaf-blind support
 services under the program. The reimbursement rates must use a
 tiered wage scale that is based on the provider's:
 (1)  level of training in communication modes for
 persons who are deaf-blind and in sighted guide-mobility
 techniques; and
 (2)  fluency in communication modes for persons who are
 deaf-blind.
 (d)  The commission shall ensure that quality deaf-blind
 support services are provided under the program by:
 (1)  monitoring the compliance of providers of
 deaf-blind support services with program rules;
 (2)  developing funding sources for the program that
 are in addition to state sources and will reduce reliance on the
 state sources for continuation of the program; and
 (3)  providing funding and technical assistance for
 training programs for:
 (A)  providers of deaf-blind support services
 under the program; and
 (B)  persons who are deaf-blind to enable those
 persons to effectively use the services offered under the program.
 (e)  The executive commissioner may establish an advisory
 committee to advise the commission in developing and operating the
 program, including operating the program in a manner that ensures
 the efficient use of state money. Subject to Section 2110.002,
 Government Code, the executive commissioner shall determine the
 number of members serving on the advisory committee, which must
 include persons who are deaf-blind and other stakeholders.
 (f)  The executive commissioner may adopt rules necessary
 to:
 (1)  operate the program in a manner that is efficient
 and maximizes the number of persons served; and
 (2)  ensure that providers of deaf-blind support
 services receiving reimbursement under the program have adequate
 training to provide those services.
 SECTION 3.  Not later than September 1, 2020:
 (1)  the executive commissioner of the Health and Human
 Services Commission shall adopt rules necessary to implement
 Section 81.014, Human Resources Code, as added by this Act; and
 (2)  the commission shall begin operating the program
 required by that section.
 SECTION 4.  This Act takes effect September 1, 2019.