88R23801 MPF-F

By: Campos, Plesa, Garcia H.B. No. 4702

A BILL TO BE ENTITLED

AN ACT

relating to peer support specialists for certain individuals with an intellectual or developmental disability and peer services for those individuals under Medicaid.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.09991 to read as follows:

Sec. 531.09991. PEER SUPPORT SPECIALISTS FOR CERTAIN INDIVIDUALS WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) With input from intellectual and developmental disability peer support specialists and the work group described by Subsection (c), the commission shall develop and the executive commissioner shall adopt:

(1) rules to establish accessible and validated training requirements for peer support specialists who provide services to individuals with an intellectual or developmental disability;

(2) rules that establish certification and supervision requirements for intellectual and developmental disability peer support specialists to ensure compliance with this section;

(3) rules that define the scope of services an intellectual and developmental disability peer support specialist may provide;

(4) rules that distinguish peer support services for individuals with an intellectual or developmental disability from other services that require the provider to hold a license or certification; and

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

(b) The rules adopted under Subsection (a) do not apply to the provision of peer support services to residents of a state supported living center, as defined by Section 531.002, Health and Safety Code.

(c) The commission shall establish a stakeholder work group to provide input for the adoption of rules under Subsection (a). The work group is composed of the following stakeholders appointed by the executive commissioner:

(1) at least one mental health and substance use disorder peer support specialist;

(2) at least one intellectual and developmental disability peer support specialist;

(3) a representative of each of the following:

(A) the commission's Peer and Recovery Services Programs, Planning, and Policy unit;

(B) the commission's Office of Disability Services Coordination;

(C) the Texas Council for Developmental Disabilities;

(D) Texas Parent to Parent; and

(E) Texas Advocates; and

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

(d) The executive commissioner shall appoint one member of the work group to serve as presiding officer.

(e) The work group shall meet once every month.

(f) The work group is automatically abolished on the adoption of rules under Subsection (a).

SECTION 2. Section 32.024(kk), Human Resources Code, is amended to read as follows:

(kk) The commission in its rules and standards governing the scope of services provided under the medical assistance program shall include peer services provided by certified peer specialists, including peer support services provided to individuals with an intellectual or developmental disability, to the extent permitted by federal law.

SECTION 3. As soon as practicable after the effective date of this Act, the executive commissioner of the Health and Human Services Commission shall:

(1) adopt the rules required by Section 531.09991(a), Government Code, as added by this Act; and

(2) appoint the members of the stakeholder work group established by Section 531.09991(c), Government Code, as added by this Act.

SECTION 4. 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 5. This Act takes effect September 1, 2023.