By: Zaffirini S.B. No. 2191
A BILL TO BE ENTITLED
AN ACT
relating to peer support specialists for individuals with an
intellectual or developmental disability and peer services for
those individuals under Medicaid living outside of state supported
living centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.09991 to read as follows:
Sec. 531.09991. PEER SUPPORT SPECIALISTS FOR INDIVIDUALS
WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) With input
from intellectual and developmental disability peer support
specialists and the work group described by Subsection (b), the
commission shall develop and the executive commissioner shall
adopt:
(1) rules to establish accessible and validated
training requirements for peer support specialists who provide
services to individuals with an intellectual or developmental
disability;
(2) rules that establish certification and
supervision requirements for intellectual and developmental
disability peer support specialists to ensure compliance with this
section;
(3) rules that define the scope of services an
intellectual and developmental disability peer support specialist
may provide;
(4) rules that distinguish peer support services for
individuals with an intellectual or developmental disability from
other services that require the provider to hold a license or
certification; and
(5) any other rules necessary to protect the health
and safety of individuals receiving peer support services.
(b) The commission shall establish a stakeholder work group
to provide input for the adoption of rules under Subsection (a).
The work group is composed of the following stakeholders appointed
by the executive commissioner:
(1) at least one mental health and substance use
disorder peer support specialist;
(2) at least one intellectual and developmental
disability peer support specialist;
(3) a representative of each of the following:
(A) the commission's Peer and Recovery Services
Programs, Planning, and Policy unit;
(B) the commission's Office of Disability
Services Coordination;
(C) the Texas Council for Developmental
Disabilities;
(D) Texas Parent to Parent; and
(E) Texas Advocates; and
(4) a person who is certified as a trainer by Texas
Advocates under the People Planning Together program.
(c) The executive commissioner shall appoint one member of
the work group to serve as presiding officer.
(d) The work group shall meet once every month.
(e) The work group is automatically abolished on the
adoption of rules under Subsection (a).
(f) Rules adopted under Subsection (a) do not apply to
residents in state supported living centers as defined by Section
531.02443.
SECTION 2. Section 32.024(kk), Human Resources Code, is
amended to read as follows:
(kk) The commission in its rules and standards governing the
scope of services provided under the medical assistance program
shall include peer services provided by certified peer specialists,
including peer support services provided to individuals with an
intellectual or developmental disability, to the extent permitted
by federal law.
SECTION 3. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall:
(1) adopt the rules required by Section 531.09991(a),
Government Code, as added by this Act; and
(2) appoint the members of the stakeholder work group
established by Section 531.09991(b), Government Code, as added by
this Act.
SECTION 4. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 5. This Act takes effect September 1, 2023.