89R8899 RAL-F
By: Kitzman H.B. No. 2542
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a work group to study and make
recommendations on certain services needed by individuals with an
intellectual or developmental disability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Executive commissioner" means the executive
commissioner of the commission.
(3) "Work group" means the work group established
under this Act.
SECTION 2. WORK GROUP; STUDY. (a) Not later than October
1, 2025, the executive commissioner shall establish a work group to
conduct a study and make recommendations on the specialized
services needed by individuals with an intellectual or
developmental disability in this state, including individuals with
mental health conditions or other high behavioral needs.
(b) The work group is composed of:
(1) subject to Subsection (c) of this section, one or
more representatives designated by each of the following entities:
(A) the Department of State Health Services;
(B) the Department of Family and Protective
Services;
(C) the Texas Workforce Commission;
(D) the Texas Education Agency;
(E) the Texas Center for Disability Studies at
The University of Texas at Austin;
(F) the Center on Disability and Development at
Texas A&M University;
(G) the Texas Department of Criminal Justice; and
(H) the Texas Commission on Jail Standards; and
(2) the following members appointed by the executive
commissioner:
(A) a representative of a local intellectual and
developmental disability authority, as defined by Section 531.002,
Health and Safety Code;
(B) a representative of the Governor's Committee
on People with Disabilities;
(C) a representative of the Texas Council for
Developmental Disabilities;
(D) a representative of the Arc of Texas;
(E) a representative of a managed care
organization;
(F) a Medicaid long-term services and supports
provider;
(G) an individual or family member of an
individual with an intellectual or developmental disability
receiving home and community-based services, including under the
home and community-based services (HCS) waiver program;
(H) an individual or family member of an
individual with an intellectual or developmental disability
residing in a private intermediate care facility for individuals
with an intellectual disability licensed under Chapter 252, Health
and Safety Code;
(I) an individual or family member of an
individual with an intellectual or developmental disability
residing in a state supported living center, as defined by Section
531.002, Health and Safety Code;
(J) a representative of the commission's office
of the ombudsman;
(K) representatives of the commission, with one
representative appointed from each division of the commission with
responsibility for:
(i) Medicaid and the Children's Health
Insurance Program (CHIP);
(ii) intellectual and developmental
disability behavioral health services;
(iii) health and specialty care system
employment;
(iv) health, developmental, and
independence services; and
(v) access and eligibility services;
(L) a physician; and
(M) any additional members as the executive
commissioner determines appropriate who are recognized experts
serving individuals with an intellectual or developmental
disability or who represent the interests of individuals with an
intellectual or developmental disability.
(c) The executive commissioner shall determine the number
of representatives that each entity may designate under Subsection
(b)(1) of this section to serve on the work group.
(d) In conducting the study under this section, the work
group shall:
(1) evaluate the accessibility of existing services
and resources in this state for individuals with an intellectual or
developmental disability, including public and private programs
for those individuals;
(2) evaluate the quality of existing services provided
in this state for individuals with an intellectual or developmental
disability, including the effectiveness of programs designed to
promote health, education, employment, and community inclusion for
those individuals;
(3) identify factors that contribute to mental health
conditions affecting individuals with an intellectual or
developmental disability, including the impact of trauma on those
individuals;
(4) identify gaps in the availability of services for
individuals with an intellectual or developmental disability,
including access to services that address the needs of those
individuals with a co-occurring mental health condition;
(5) evaluate the adequacy of state and federal funding
for acute and long-term care services and supports for individuals
with an intellectual or developmental disability, including the
financial sustainability of existing service delivery models;
(6) evaluate the availability and capacity of trained
professionals, including medical and mental health professionals,
caregivers, and support staff, who provide needed services to
individuals with an intellectual or developmental disability;
(7) evaluate public safety net services for
individuals with an intellectual or developmental disability,
including the role, functions, and capacity of local intellectual
and developmental disability authorities to coordinate services
and supports to meet the needs of those individuals;
(8) evaluate the status of any interest lists for
services or programs for individuals with an intellectual or
developmental disability, including the average wait time an
individual spends on those interest lists;
(9) identify best practices and innovative models used
in and outside this state for services provided to individuals with
an intellectual or developmental disability, including the
potential for implementing or expanding on the best practices and
innovative models; and
(10) evaluate stakeholder input, including input from
individuals with an intellectual or developmental disability and
their families, caregivers, advocacy groups, and service
providers.
SECTION 3. REPORT. Not later than December 1, 2025, the
executive commissioner shall submit to the governor, the lieutenant
governor, the speaker of the house of representatives, and each
standing committee of the legislature with primary jurisdiction
over intellectual and developmental disability issues a written
report that includes:
(1) a summary of the work group's findings based on the
results of the study conducted under this Act;
(2) recommendations to address gaps in access to, and
challenges in the provision of, acute and long-term care services
and supports for individuals with an intellectual or developmental
disability;
(3) recommendations for improving funding models,
service delivery systems, and workforce development strategies in
relation to the provision of services to individuals with an
intellectual or developmental disability;
(4) recommendations for legislative or administrative
action, including legislation or rules, to implement the work
group's recommendations; and
(5) suggested timelines for implementing the work
group's recommendations.
SECTION 4. EXPIRATION. This Act expires and the work group
is abolished December 31, 2026.
SECTION 5. EFFECTIVE DATE. This Act takes effect September
1, 2025.