| 1 | 1 | | By: Sparks S.B. No. 2489 |
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| 2 | 2 | | (In the Senate - Filed March 10, 2023; March 23, 2023, read |
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| 3 | 3 | | first time and referred to Committee on Health & Human Services; |
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| 4 | 4 | | May 8, 2023, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 7, Nays 0; May 8, 2023, sent |
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| 6 | 6 | | to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 2489 By: Hancock |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to providing prevocational or similar services under |
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| 13 | 13 | | certain Medicaid waiver programs. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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| 16 | 16 | | is amended by adding Section 32.0755 to read as follows: |
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| 17 | 17 | | Sec. 32.0755. PREVOCATIONAL SERVICES UNDER CERTAIN WAIVER |
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| 18 | 18 | | PROGRAMS. (a) In this section, "prevocational services" means |
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| 19 | 19 | | services that are designed to prepare an individual for paid or |
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| 20 | 20 | | unpaid work and achieve a generalized result rather than being |
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| 21 | 21 | | job-task oriented. |
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| 22 | 22 | | (b) Prevocational services provided under the community |
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| 23 | 23 | | living assistance and support services (CLASS) waiver program or |
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| 24 | 24 | | another medical assistance waiver program providing long-term |
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| 25 | 25 | | services or supports to a medical assistance recipient must be |
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| 26 | 26 | | designed to assist the recipient in achieving permanent integrated |
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| 27 | 27 | | employment receiving compensation at or above the minimum wage in |
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| 28 | 28 | | the recipient's community and in accordance with state and federal |
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| 29 | 29 | | law. |
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| 30 | 30 | | (c) The commission shall seek a waiver or other necessary |
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| 31 | 31 | | authorization from the appropriate federal agency to include |
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| 32 | 32 | | prevocational services as part of the individualized skills and |
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| 33 | 33 | | socialization services delivered under a medical assistance waiver |
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| 34 | 34 | | program providing long-term services and supports. |
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| 35 | 35 | | (d) If the commission's request for a waiver or other |
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| 36 | 36 | | authorization under Subsection (c) is not granted, the commission |
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| 37 | 37 | | shall collaborate with relevant stakeholders and applicable |
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| 38 | 38 | | federal agencies to establish a service similar to prevocational |
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| 39 | 39 | | services in a manner that is authorized by federal law. |
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| 40 | 40 | | (e) If the commission is granted a waiver or other |
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| 41 | 41 | | authorization under Subsection (d): |
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| 42 | 42 | | (1) the reimbursement rate for the service the |
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| 43 | 43 | | commission establishes under that subsection may not exceed the |
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| 44 | 44 | | reimbursement rate for individualized skills and socialization |
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| 45 | 45 | | services; and |
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| 46 | 46 | | (2) if the service is combined with individualized |
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| 47 | 47 | | skills and socialization services, the commission shall ensure the |
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| 48 | 48 | | service may not exceed the total allowable hours or the total costs |
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| 49 | 49 | | for individualized skills and socialization services provided |
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| 50 | 50 | | under a service plan. |
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| 51 | 51 | | SECTION 2. (a) As soon as practicable after the effective |
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| 52 | 52 | | date of this Act, the Health and Human Services Commission shall |
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| 53 | 53 | | apply for and actively pursue from the appropriate federal agency |
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| 54 | 54 | | the waiver or other authorization required by Section 32.0755(c), |
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| 55 | 55 | | Human Resources Code, as added by this Act. The commission may |
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| 56 | 56 | | delay implementing other provisions of this Act until the waiver or |
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| 57 | 57 | | other authorization applied for under that subsection is granted. |
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| 58 | 58 | | (b) If the waiver or other authorization under Section |
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| 59 | 59 | | 32.0755(c), Human Resources Code, as added by this Act, is not |
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| 60 | 60 | | granted, the Health and Human Services Commission shall, not later |
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| 61 | 61 | | than the 60th day after the date the waiver or other authorization |
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| 62 | 62 | | is denied, apply for a waiver or other authorization under Section |
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| 63 | 63 | | 32.0755(d), Human Resources Code, as added by this Act. |
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| 64 | 64 | | SECTION 3. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2023. |
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| 69 | 69 | | * * * * * |
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