By: Zaffirini S.B. No. 1818
A BILL TO BE ENTITLED
AN ACT
relating to a competitive and integrated employment initiative for
certain Medicaid recipients.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.02448 to read as follows:
Sec. 531.02448. COMPETITIVE AND INTEGRATED EMPLOYMENT
INITIATIVE FOR CERTAIN MEDICAID RECIPIENTS. (a) This section
applies to an individual receiving services under any of the
following waiver programs established under Section 1915(c),
Social Security Act (42 U.S.C. Section 1396n(c)):
(1) the home and community-based services (HCS) waiver
program;
(2) the Texas home living (TxHmL) waiver program;
(3) the deaf-blind with multiple disabilities (DBMD)
waiver program;
(4) the community living assistance and support
services (CLASS) waiver program; and
(5) the STAR+PLUS home and community-based services
(HCBS) waiver program.
(b) The executive commissioner by rule shall develop a
uniform process that complies with the policy adopted under Section
531.02447 to:
(1) assess the goals of and competitive and integrated
employment opportunities and related employment services available
to an individual to whom this section applies; and
(2) use the identified goals and available
opportunities and services to direct the individual's plan of care
at the time the plan is developed or renewed.
(c) The entity responsible for the development and renewal
of the plan of care for an individual to whom this section applies
shall use the uniform process the executive commissioner develops
to assess the individual's goals, opportunities, and services
described by Subsection (b) and incorporate those goals,
opportunities, and services into the plan of care.
(d) The executive commissioner by rule shall:
(1) establish performance measures for the employment
of individuals to whom this section applies and who are seeking
competitive and integrated employment;
(2) identify strategies to increase the number of
individuals who are receiving employment services from the Texas
Workforce Commission or through the waiver program in which an
individual is enrolled;
(3) determine a reasonable number of individuals who
indicate a desire to work to receive employment services and ensure
those individuals:
(A) have received employment services during the
state fiscal biennium ending August 31, 2021, or during the period
beginning September 1, 2021, and ending December 31, 2021, from the
Texas Workforce Commission or through the waiver program in which
an individual is enrolled; or
(B) are receiving employment services on
December 31, 2021, from the Texas Workforce Commission or through
the waiver program in which an individual is enrolled; and
(4) ensure each individual who indicates a desire to
work is referred to receive employment services from the Texas
Workforce Commission or through the waiver program in which the
individual is enrolled.
(e) Not later than December 31 of each even-numbered year,
the executive commissioner shall prepare and submit to the
governor, lieutenant governor, speaker of the house of
representatives, and legislature a written report that outlines:
(1) the number of individuals to whom this section
applies who are receiving employment services in accordance with
rules adopted under this section;
(2) whether the employment services described by
Subdivision (1) are provided by the Texas Workforce Commission,
through the waiver program in which an individual is enrolled, or
both; and
(3) the number of individuals to whom this section
applies who have obtained competitive and integrated employment,
categorized by waiver program and, if applicable, an individual's
level of care.
SECTION 2. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules as necessary to implement
Section 531.02448, Government Code, as added by this Act.
SECTION 3. Notwithstanding Section 531.02448(e),
Government Code, as added by this Act, the executive commissioner
of the Health and Human Services Commission shall submit the first
report required by that section not later than December 31, 2022.
SECTION 4. The Health and Human Services Commission is
required to implement a provision of this Act only if the
legislature appropriates money to the commission specifically for
that purpose. If the legislature does not appropriate money
specifically for that purpose, the commission may, but is not
required to, implement a provision of this Act using other
appropriations that are available for that purpose.
SECTION 5. This Act takes effect September 1, 2019.