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4 | 3 | | |
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5 | 4 | | A BILL TO BE ENTITLED |
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6 | 5 | | AN ACT |
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7 | 6 | | relating to a competitive and integrated employment initiative for |
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8 | 7 | | certain Medicaid recipients. |
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9 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 9 | | SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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11 | 10 | | amended by adding Section 531.02448 to read as follows: |
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12 | 11 | | Sec. 531.02448. COMPETITIVE AND INTEGRATED EMPLOYMENT |
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13 | 12 | | INITIATIVE FOR CERTAIN MEDICAID RECIPIENTS. (a) This section |
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14 | 13 | | applies to an individual receiving services under any of the |
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15 | 14 | | following waiver programs established under Section 1915(c), |
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16 | 15 | | Social Security Act (42 U.S.C. Section 1396n(c)): |
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17 | 16 | | (1) the home and community-based services (HCS) waiver |
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18 | 17 | | program; |
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19 | 18 | | (2) the Texas home living (TxHmL) waiver program; |
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20 | 19 | | (3) the deaf-blind with multiple disabilities (DBMD) |
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21 | 20 | | waiver program; |
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22 | 21 | | (4) the community living assistance and support |
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23 | 22 | | services (CLASS) waiver program; and |
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24 | 23 | | (5) the STAR+PLUS home and community-based services |
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25 | 24 | | (HCBS) waiver program. |
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26 | 25 | | (b) The executive commissioner by rule shall develop a |
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27 | 26 | | uniform process that complies with the policy adopted under Section |
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28 | 27 | | 531.02447 to: |
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29 | 28 | | (1) assess the goals of and competitive and integrated |
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30 | 29 | | employment opportunities and related employment services available |
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31 | 30 | | to an individual to whom this section applies; and |
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32 | 31 | | (2) use the identified goals and available |
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33 | 32 | | opportunities and services to direct the individual's plan of care |
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34 | 33 | | at the time the plan is developed or renewed. |
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35 | 34 | | (c) The entity responsible for the development and renewal |
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36 | 35 | | of the plan of care for an individual to whom this section applies |
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37 | 36 | | shall use the uniform process the executive commissioner develops |
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38 | 37 | | to assess the individual's goals, opportunities, and services |
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39 | 38 | | described by Subsection (b) and incorporate those goals, |
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40 | 39 | | opportunities, and services into the plan of care. |
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41 | 40 | | (d) The executive commissioner by rule shall: |
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42 | 41 | | (1) establish performance measures for the employment |
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43 | 42 | | of individuals to whom this section applies and who are seeking |
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44 | 43 | | competitive and integrated employment; |
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45 | 44 | | (2) identify strategies to increase the number of |
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46 | 45 | | individuals who are receiving employment services from the Texas |
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47 | 46 | | Workforce Commission or through the waiver program in which an |
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48 | 47 | | individual is enrolled; |
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49 | 48 | | (3) determine a reasonable number of individuals who |
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50 | 49 | | indicate a desire to work to receive employment services and ensure |
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51 | 50 | | those individuals: |
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52 | 51 | | (A) have received employment services during the |
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53 | 52 | | state fiscal biennium ending August 31, 2021, or during the period |
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54 | 53 | | beginning September 1, 2021, and ending December 31, 2021, from the |
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55 | 54 | | Texas Workforce Commission or through the waiver program in which |
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56 | 55 | | an individual is enrolled; or |
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57 | 56 | | (B) are receiving employment services on |
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58 | 57 | | December 31, 2021, from the Texas Workforce Commission or through |
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59 | 58 | | the waiver program in which an individual is enrolled; and |
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60 | 59 | | (4) ensure each individual who indicates a desire to |
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61 | 60 | | work is referred to receive employment services from the Texas |
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62 | 61 | | Workforce Commission or through the waiver program in which the |
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63 | 62 | | individual is enrolled. |
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64 | 63 | | (e) Not later than December 31 of each even-numbered year, |
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65 | 64 | | the executive commissioner shall prepare and submit to the |
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66 | 65 | | governor, lieutenant governor, speaker of the house of |
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67 | 66 | | representatives, and legislature a written report that outlines: |
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68 | 67 | | (1) the number of individuals to whom this section |
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69 | 68 | | applies who are receiving employment services in accordance with |
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70 | 69 | | rules adopted under this section; |
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71 | 70 | | (2) whether the employment services described by |
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72 | 71 | | Subdivision (1) are provided by the Texas Workforce Commission, |
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73 | 72 | | through the waiver program in which an individual is enrolled, or |
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74 | 73 | | both; and |
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75 | 74 | | (3) the number of individuals to whom this section |
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76 | 75 | | applies who have obtained competitive and integrated employment, |
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77 | 76 | | categorized by waiver program and, if applicable, an individual's |
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78 | 77 | | level of care. |
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79 | 78 | | SECTION 2. As soon as practicable after the effective date |
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80 | 79 | | of this Act, the executive commissioner of the Health and Human |
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81 | 80 | | Services Commission shall adopt rules as necessary to implement |
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82 | 81 | | Section 531.02448, Government Code, as added by this Act. |
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83 | 82 | | SECTION 3. Notwithstanding Section 531.02448(e), |
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84 | 83 | | Government Code, as added by this Act, the executive commissioner |
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85 | 84 | | of the Health and Human Services Commission shall submit the first |
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86 | 85 | | report required by that section not later than December 31, 2022. |
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87 | 86 | | SECTION 4. The Health and Human Services Commission is |
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88 | 87 | | required to implement a provision of this Act only if the |
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89 | 88 | | legislature appropriates money to the commission specifically for |
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90 | 89 | | that purpose. If the legislature does not appropriate money |
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91 | 90 | | specifically for that purpose, the commission may, but is not |
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92 | 91 | | required to, implement a provision of this Act using other |
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93 | 92 | | appropriations that are available for that purpose. |
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94 | 93 | | SECTION 5. This Act takes effect September 1, 2019. |
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