| 1 | 1 | | 86R14209 KFF-D |
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| 2 | 2 | | By: Walle H.B. No. 4598 |
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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 reestablishing the in-home and family support program. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 531, Government Code, is amended by |
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| 10 | 10 | | adding Subchapter T to read as follows: |
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| 11 | 11 | | SUBCHAPTER T. IN-HOME AND FAMILY SUPPORT PROGRAM |
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| 12 | 12 | | Sec. 531.801. DEFINITIONS. In this subchapter: |
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| 13 | 13 | | (1) "Disability" means a physical impairment that: |
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| 14 | 14 | | (A) is likely to continue indefinitely; |
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| 15 | 15 | | (B) results in substantial functional |
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| 16 | 16 | | limitations in one or more of the following areas of major life |
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| 17 | 17 | | activity as determined under the disabilities screening |
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| 18 | 18 | | instrument: |
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| 19 | 19 | | (i) self-care; |
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| 20 | 20 | | (ii) receptive and expressive language; |
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| 21 | 21 | | (iii) learning; |
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| 22 | 22 | | (iv) mobility; |
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| 23 | 23 | | (v) self-direction; or |
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| 24 | 24 | | (vi) capacity for independent living; and |
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| 25 | 25 | | (C) is likely to require treatment or services |
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| 26 | 26 | | that are lifelong or of extended duration. |
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| 27 | 27 | | (2) "Program" means the in-home and family support |
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| 28 | 28 | | program established under this subchapter. |
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| 29 | 29 | | Sec. 531.802. IN-HOME AND FAMILY SUPPORT PROGRAM. The |
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| 30 | 30 | | executive commissioner by rule shall establish the in-home and |
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| 31 | 31 | | family support program to provide benefits to an individual with a |
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| 32 | 32 | | disability that allows the individual or the legal guardian of the |
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| 33 | 33 | | individual to purchase items that enable the individual to reside |
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| 34 | 34 | | in a community-based setting. The program must be designed in |
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| 35 | 35 | | substantially the same manner as the in-home and family support |
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| 36 | 36 | | program formerly administered by the former Department of Aging and |
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| 37 | 37 | | Disability Services under 40 T.A.C. Chapter 48, Subchapter F. |
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| 38 | 38 | | SECTION 2. If before implementing any provision of this Act |
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| 39 | 39 | | a state agency determines that a waiver or authorization from a |
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| 40 | 40 | | federal agency is necessary for implementation of that provision, |
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| 41 | 41 | | the agency affected by the provision shall request the waiver or |
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| 42 | 42 | | authorization and may delay implementing that provision until the |
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| 43 | 43 | | waiver or authorization is granted. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2019. |
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