By: González of El Paso, et al. H.B. No. 3287
(Senate Sponsor - Hughes)
(In the Senate - Received from the House May 5, 2021;
May 10, 2021, read first time and referred to Committee on Health &
Human Services; May 22, 2021, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 22, 2021, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 3287 By: Seliger
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain co-navigation 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. CO-NAVIGATION 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 by
both tactile and visual means; and
(C) protactile language.
(2) "Co-navigation services" means services provided
to a person who is deaf-blind that assist the person to physically
access the person's environment and 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) "Co-navigator" means a person who is specially
trained to provide co-navigation services.
(4) "Program" means the deaf-blind co-navigation
services program.
(5) "Protactile language" means a method of
communication based on touch that is used by persons who are
deaf-blind.
(b) The commission shall operate a statewide co-navigation
services program through which:
(1) co-navigation services are provided by
co-navigators; and
(2) the commission reimburses the co-navigators for
the provision of the services.
(c) The executive commissioner by rule shall establish
reimbursement rates to be paid to a co-navigator under the program.
The reimbursement rates must use a tiered wage scale that is based
on the co-navigator's:
(1) level of training in communication modes for
persons who are deaf-blind and in sighted guide-mobility
techniques; and
(2) fluency and skill in communication modes and
sighted guide-mobility for persons who are deaf-blind.
(d) The commission shall ensure that quality co-navigation
services are provided under the program by:
(1) monitoring the compliance of co-navigators 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) co-navigators 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 co-navigators receiving reimbursement
under the program have adequate training to provide co-navigation
services.
SECTION 3. Not later than September 1, 2022:
(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. The Health and Human Services Commission is
required to implement a provision of this Act only if the
legislature appropriates money 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, 2021.
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