BILL ANALYSIS

C.S.H.B. 4702

By: Campos

Human Services

Committee Report (Substituted)

BACKGROUND AND PURPOSE

An intellectual or developmental disability (IDD) includes many severe, chronic conditions that are due to mental and/or physical impairments. People who have IDD have problems with major life activities, such as language, mobility, learning, self-help, and independent living.

A recently completed pilot project, implemented through a grant from the Texas Council for Developmental Disabilities, found that person-centered peer support for people who have IDD resulted in documented improvements in person-centered planning, service navigation, self-advocacy skills, critical-thinking skills, and employment trajectory. C.S.H.B. 4702 seeks to provide a continued pathway for peer support for and by people who have IDD in Texas.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 4702 amends the Government Code to require the Health and Human Services Commission (HHSC), with input from intellectual and developmental disability (IDD) peer support specialists and a stakeholder work group, to develop, and the executive commissioner of HHSC to adopt, the following rules:

· rules to establish accessible and validated training requirements for peer support specialists who provide services to individuals who have IDD;

· rules that establish certification and supervision requirements for IDD peer support specialists to ensure compliance;

· rules that define the scope of services an IDD peer support specialist may provide;

· rules that distinguish peer support services for individuals who have IDD from other services that require the provider to hold a license or certification; and

· any other rules necessary to protect the health and safety of individuals receiving peer support services.

C.S.H.B. 4702 requires HHSC to establish the stakeholder work group to provide that input and establishes that the work group is composed of the following stakeholders appointed by the executive commissioner:

· at least one mental health and substance use disorder peer support specialist;

· at least one IDD peer support specialist;

· a representative of each of the following:

o the peer and recovery services programs, planning, and policy unit of HHSC;

o the HHSC office of disability services coordination;

o the Texas Council for Developmental Disabilities;

o Texas Parent to Parent; and

o Texas Advocates; and

· a person who is certified as a trainer by Texas Advocates under the People Planning Together program.

The bill requires the executive commissioner to appoint one member of the work group to serve as presiding officer and requires the work group to meet once every month. The bill establishes that the work group is automatically abolished on the adoption of the rules by the executive commissioner and further establishes that the rules adopted do not apply to the provision of peer support services to residents of a state supported living center.

C.S.H.B. 4702 amends the Human Resources Code to specify that peer support services provided to individuals who have IDD are included among the peer services provided by certified peer specialists that must be provided under Medicaid.

C.S.H.B. 4702 provides for the delayed implementation of any provision for which an applicable state agency determines a federal waiver or authorization is necessary for implementation until the waiver or authorization is requested and granted.

EFFECTIVE DATE

September 1, 2023.

COMPARISON OF INTRODUCED AND SUBSTITUTE

C.S.H.B. 4702 differs from the introduced in minor or nonsubstantive ways by conforming to certain bill drafting conventions.