Texas 2023 - 88th Regular

Texas House Bill HB4169 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4169
2	2
3	3
4	4	AN ACT
5	5	relating to providing prevocational or similar services under
6	6	certain Medicaid waiver programs.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter B, Chapter 32, Human Resources Code,
9	9	is amended by adding Section 32.0755 to read as follows:
10	10	Sec. 32.0755. PREVOCATIONAL SERVICES UNDER CERTAIN WAIVER
11	11	PROGRAMS. (a) In this section, "prevocational services" means
12	12	services that are designed to prepare an individual for paid or
13	13	unpaid work and achieve a generalized result rather than being
14	14	job-task oriented.
15	15	(b) Prevocational services provided under the community
16	16	living assistance and support services (CLASS) waiver program or
17	17	another medical assistance waiver program providing long-term
18	18	services or supports to a medical assistance recipient should be
19	19	designed to assist the recipient in achieving competitive
20	20	integrated employment in the community receiving compensation at or
21	21	above the minimum wage in the recipient's community and in
22	22	accordance with state and federal law.
23	23	(c) The commission shall seek a waiver or other necessary
24	24	authorization from the appropriate federal agency to include
25	25	prevocational services as part of the individualized skills and
26	26	socialization services delivered under a medical assistance waiver
27	27	program providing long-term services and supports.
28	28	(d) If the commission's request for a waiver or other
29	29	authorization under Subsection (c) is not granted, the commission
30	30	shall collaborate with relevant stakeholders and applicable
31	31	federal agencies to establish a service similar to prevocational
32	32	services in a manner that is authorized by federal law.
33	33	(e) If the commission is granted a waiver or other
34	34	authorization under Subsection (d):
35	35	(1) the reimbursement rate for the service the
36	36	commission establishes under that subsection may not exceed the
37	37	reimbursement rate for individualized skills and socialization
38	38	services; and
39	39	(2) if the service is combined with individualized
40	40	skills and socialization services, the commission shall ensure the
41	41	service may not exceed the total allowable hours or the total costs
42	42	for individualized skills and socialization services provided
43	43	under a service plan.
44	44	(f) The executive commissioner by rule shall establish
45	45	clearly stated, service-related performance standards applicable
46	46	to providers providing prevocational or similar services to
47	47	recipients under a medical assistance waiver program in accordance
48	48	with this section. The commission shall monitor the performance of
49	49	each provider of prevocational or similar services under a medical
50	50	assistance waiver program to ensure compliance with those
51	51	standards.
52	52	SECTION 2. (a) As soon as practicable after the effective
53	53	date of this Act, the Health and Human Services Commission shall
54	54	apply for and actively pursue from the appropriate federal agency
55	55	the waiver or other authorization required by Section 32.0755(c),
56	56	Human Resources Code, as added by this Act. The commission may
57	57	delay implementing other provisions of this Act until the waiver or
58	58	other authorization applied for under that subsection is granted.
59	59	(b) If the waiver or other authorization under Section
60	60	32.0755(c), Human Resources Code, as added by this Act, is not
61	61	granted, the Health and Human Services Commission shall, not later
62	62	than the 60th day after the date the waiver or other authorization
63	63	is denied, apply for a waiver or other authorization under Section
64	64	32.0755(d), Human Resources Code, as added by this Act.
65	65	SECTION 3. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2023.
70	70	______________________________ ______________________________
71	71	President of the Senate Speaker of the House
72	72	I certify that H.B. No. 4169 was passed by the House on May 9,
73	73	2023, by the following vote: Yeas 134, Nays 5, 2 present, not
74	74	voting; and that the House concurred in Senate amendments to H.B.
75	75	No. 4169 on May 25, 2023, by the following vote: Yeas 142, Nays 0,
76	76	2 present, not voting.
77	77	______________________________
78	78	Chief Clerk of the House
79	79	I certify that H.B. No. 4169 was passed by the Senate, with
80	80	amendments, on May 23, 2023, by the following vote: Yeas 31, Nays
81	81	0.
82	82	______________________________
83	83	Secretary of the Senate
84	84	APPROVED: __________________
85	85	Date
86	86	__________________
87	87	Governor