88R14636 BDP-F
By: Parker S.B. No. 2359
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the intellectual disabilities and
complex medical needs community support pilot program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0997 to read as follows:
Sec. 531.0997. INTELLECTUAL DISABILITIES AND COMPLEX
MEDICAL NEEDS COMMUNITY SUPPORT PILOT PROGRAM; REPORT ON PROGRAM.
(a) In this section:
(1) "Adult with a disability" means an individual who:
(A) has an intelligence quotient of 69 or below;
or
(B) has an intelligence quotient of 75 or below
and:
(i) mild to severe deficits in adaptive
behavior;
(ii) a chronic or acute medical condition
that requires continuous or frequent medical intervention; and
(iii) a need for substantial assistance in
meeting daily living needs.
(2) "Group home" means a residential facility that
provides support services to not more than four individuals with a
disability.
(3) "Intentional community" means a voluntary
residential community that is designed to support a shared way of
life and may include a cooperative housing community.
(4) "Pilot program" means the intellectual
disabilities and complex medical needs community support pilot
program established under this section.
(b) The executive commissioner by rule shall develop and
implement a pilot program to award grants to nonprofit
organizations for the purpose of increasing community-based
housing options for adults who have a disability and complex
medical needs by providing housing in intentional communities or
group homes and community support. The program must be operated in
two regions of this state, as determined by the commission.
(c) An adult with a disability is eligible to receive
housing in an intentional community or group home operated by a
nonprofit organization under the pilot program if the individual:
(1) is a resident of this state;
(2) is at least 18 years of age;
(3) is a Medicaid recipient or is eligible to receive
Medicaid;
(4) is considered medically fragile, as defined by
commission rule; and
(5) meets any other eligibility criteria the
commission establishes.
(d) The commission shall award grants to eligible nonprofit
organizations that serve local intellectual and developmental
disability authorities according to commission rules. Grant money
awarded under the program may only be used by an organization to:
(1) provide housing and services to adults with a
disability;
(2) cover an organization's costs related to
participating in the program, including the:
(A) costs of the construction of a group home or a
residential home within an intentional community;
(B) costs of the renovation of a group home or a
residential home within an intentional community;
(C) costs of recruiting and training employees
to:
(i) operate a group home or residential
home within an intentional community; and
(ii) provide services to an adult with a
disability living in the home; and
(D) supplemental costs of health care services
provided by a licensed health care professional to an adult with a
disability living in a home; and
(3) to the extent allowed by federal law, provide
Medicaid reimbursement at a rate set by the executive commissioner
by rule for the recruitment and training of employees described by
Subdivision (2)(C) and health care services provided under the
pilot program.
(e) Not later than November 1, 2028, the commission shall:
(1) evaluate the effectiveness of the pilot program,
considering:
(A) the quality of the homes provided;
(B) the quality of accessibility;
(C) the number of adults with a disability served
by a nonprofit organization;
(D) the quality of care provided by the
organizations;
(E) whether the program is cost-effective;
(F) how the program is integrated into the
community; and
(G) the satisfaction of program participants;
and
(2) submit a written report providing an evaluation of
the pilot program and a recommendation regarding whether the
program should be continued, modified, or terminated to the
governor, the lieutenant governor, and the standing committees of
the senate and house of representatives having primary jurisdiction
over Medicaid.
(f) The pilot program terminates and this section expires
September 1, 2029.
SECTION 2. As soon as practicable after the effective date
of this Act, the Health and Human Services Commission shall adopt
rules necessary to implement Section 531.0997, Government Code, as
added by this Act.
SECTION 3. 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 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.