87R7214 BDP-F
 
  By: González of El Paso, Lozano, Anderson, H.B. No. 3287
      Frank, Hinojosa, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of certain co-navigation services to
  persons who are deaf-blind.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.001, Human Resources Code, is amended
  by adding Subdivision (1) to read as follows:
               (1)  "Commission" means the Health and Human Services
  Commission.
         SECTION 2.  Chapter 81, Human Resources Code, is amended by
  adding Section 81.014 to read as follows:
         Sec. 81.014.  CO-NAVIGATION SERVICES PROGRAM FOR PERSONS WHO
  ARE DEAF-BLIND. (a) In this section:
               (1)  "Communication mode" includes communication
  through:
                     (A)  auditory amplification, such as through a
  personal hearing aid or assistive listening device;
                     (B)  American Sign Language or Signed English by
  both tactile and visual means; and
                     (C)  protactile language.
               (2)  "Co-navigation services" means services provided
  to a person who is deaf-blind that assist the person to physically
  access the person's environment and to make informed decisions. The
  term includes providing visual and environmental information or
  sighted guide services and assisting with communication
  accessibility by communicating in the preferred language and
  communication mode of the person who is deaf-blind. The term does
  not include performing any of the following for the person:
                     (A)  providing personal care services to the
  person;
                     (B)  completing ordinary errands for the person;
                     (C)  making decisions for the person;
                     (D)  teaching or otherwise instructing the
  person; or
                     (E)  interpreting for the person in a formal
  setting, including a medical, legal, or business setting.
               (3)  "Co-navigator" means a person who is specially
  trained to provide co-navigation services.
               (4)  "Program" means the deaf-blind co-navigation
  services program.
               (5)  "Protactile language" means a method of
  communication based on touch that is used by persons who are
  deaf-blind.
         (b)  The commission shall operate a statewide co-navigation
  services program through which:
               (1)  co-navigation services are provided by
  co-navigators; and
               (2)  the commission reimburses the co-navigators for
  the provision of the services.
         (c)  The executive commissioner by rule shall establish
  reimbursement rates to be paid to a co-navigator under the program.
  The reimbursement rates must use a tiered wage scale that is based
  on the co-navigator's:
               (1)  level of training in communication modes for
  persons who are deaf-blind and in sighted guide-mobility
  techniques; and
               (2)  fluency and skill in communication modes and
  sighted guide-mobility for persons who are deaf-blind.
         (d)  The commission shall ensure that quality co-navigation
  services are provided under the program by:
               (1)  monitoring the compliance of co-navigators with
  program rules;
               (2)  developing funding sources for the program that
  are in addition to state sources and will reduce reliance on the
  state sources for continuation of the program; and
               (3)  providing funding and technical assistance for
  training programs for:
                     (A)  co-navigators under the program; and
                     (B)  persons who are deaf-blind to enable those
  persons to effectively use the services offered under the program.
         (e)  The executive commissioner may establish an advisory
  committee to advise the commission in developing and operating the
  program, including operating the program in a manner that ensures
  the efficient use of state money. Subject to Section 2110.002,
  Government Code, the executive commissioner shall determine the
  number of members serving on the advisory committee, which must
  include persons who are deaf-blind and other stakeholders.
         (f)  The executive commissioner may adopt rules necessary
  to:
               (1)  operate the program in a manner that is efficient
  and maximizes the number of persons served; and
               (2)  ensure that co-navigators receiving reimbursement
  under the program have adequate training to provide co-navigation
  services.
         SECTION 3.  Not later than September 1, 2022:
               (1)  the executive commissioner of the Health and Human
  Services Commission shall adopt rules necessary to implement
  Section 81.014, Human Resources Code, as added by this Act; and
               (2)  the commission shall begin operating the program
  required by that section.
         SECTION 4.  This Act takes effect September 1, 2021.