AN ACT
1-1 relating to the establishment of a program in which vouchers are
1-2 used for payment of certain services provided to persons with
1-3 disabilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-6 amended by adding Sections 531.051 and 531.052 to read as follows:
1-7 Sec. 531.051. VOUCHER PROGRAM FOR PAYMENT OF CERTAIN
1-8 SERVICES FOR PERSONS WITH DISABILITIES. (a) In this section:
1-9 (1) "Consumer" means a person who receives services
1-10 under the program established by the commission under this section.
1-11 (2) "Personal assistance services" and "respite
1-12 services" have the meanings assigned by Section 142.001, Health and
1-13 Safety Code.
1-14 (b) The commission shall develop and oversee the
1-15 implementation of a program in which the use of vouchers is
1-16 established as a payment option for the delivery of certain
1-17 state-funded and Medicaid-funded services to persons with
1-18 disabilities.
1-19 (c) In adopting rules for the voucher payment program, the
1-20 commission shall:
1-21 (1) ensure that the program includes the:
1-22 (A) delivery to persons with disabilities of
1-23 personal assistance services, respite services, supported
1-24 employment services, and other services that the commission with
2-1 assistance from the work group established under Section 531.052,
2-2 determines are appropriate and applicable and may be provided with
2-3 available funding; and
2-4 (B) provision of durable medical equipment and
2-5 assistive technology to persons with disabilities to the extent
2-6 funds are available for that purpose;
2-7 (2) work in conjunction with the comptroller and
2-8 appropriate health and human services agencies to develop the
2-9 program;
2-10 (3) design the program in a manner in which, for
2-11 certain programs considered appropriate by the commission, with
2-12 assistance from the work group established under Section 531.052, a
2-13 private entity or local governmental entity applies with and is
2-14 approved by the Internal Revenue Service to act as the agent for a
2-15 consumer for the limited purpose of:
2-16 (A) computing federal and state employment
2-17 taxes;
2-18 (B) preparing and filing income tax forms and
2-19 reports; and
2-20 (C) distributing money to a service provider
2-21 after a deduction for employment taxes;
2-22 (4) ensure that the program is designed to comply with
2-23 federal and state tax laws;
2-24 (5) ensure that a consumer is the employer of and
2-25 retains control over the selection, management, and dismissal of an
2-26 individual providing health care services covered by the program;
3-1 (6) establish a system to ensure that a potential
3-2 consumer has adequate and appropriate information, including the
3-3 responsibilities of a consumer under each payment option, to make
3-4 an informed choice among the payment options;
3-5 (7) require each consumer to sign a statement
3-6 acknowledging receipt of the information required by Subdivision
3-7 (6);
3-8 (8) develop a system to monitor the program to ensure:
3-9 (A) adherence to existing applicable program
3-10 standards;
3-11 (B) appropriate use of funds; and
3-12 (C) consumer satisfaction with the delivery of
3-13 services;
3-14 (9) ensure that a consumer may contract with a service
3-15 provider acting as the consumer's agent under Subdivision (3) to
3-16 obtain any necessary services, including services not being
3-17 provided to the consumer under the program; and
3-18 (10) work in conjunction with the work group
3-19 established under Section 531.052 to set a timetable to implement
3-20 and complete the program.
3-21 (d) The voucher payment program developed under this section
3-22 may be implemented only in appropriate programs of the Texas
3-23 Department of Human Services, the Texas Department of Mental Health
3-24 and Mental Retardation, the Texas Rehabilitation Commission, and
3-25 the Texas Department of Health.
3-26 (e) Each health and human services agency in which the
4-1 voucher payment program is implemented and the comptroller shall
4-2 provide information to the commission as necessary to facilitate
4-3 the development and implementation of the program.
4-4 Sec. 531.052. VOUCHER PAYMENT PROGRAM WORK GROUP. (a) A
4-5 work group is created to assist the commission in developing and
4-6 implementing the voucher payment program under Section 531.051.
4-7 (b) The work group is composed of:
4-8 (1) representatives of the commission, appointed by
4-9 the commissioner;
4-10 (2) representatives of the Texas Department of Human
4-11 Services, appointed by the commissioner of that agency;
4-12 (3) representatives of the Texas Department of Mental
4-13 Health and Mental Retardation, appointed by the commissioner of
4-14 that agency;
4-15 (4) representatives of the Texas Department of Health,
4-16 appointed by the commissioner of that agency;
4-17 (5) representatives of the Texas Rehabilitation
4-18 Commission, appointed by the commissioner of that agency;
4-19 (6) consumers of services provided under the voucher
4-20 payment pilot project under Section 22.0325, Human Resources Code,
4-21 jointly appointed by the commissioner and the commissioner of the
4-22 Texas Department of Human Services;
4-23 (7) persons with disabilities, including persons with
4-24 mental illness and persons with mental retardation, who are
4-25 consumers or potential consumers of services provided under the
4-26 voucher payment program, appointed by the commissioner;
5-1 (8) advocates for persons with disabilities, including
5-2 persons with mental illness and persons with mental retardation,
5-3 appointed by the commissioner; and
5-4 (9) providers of services to be provided under the
5-5 voucher payment program, appointed by the commissioner.
5-6 (c) A majority of the members of the work group must be
5-7 composed of consumers, advocates, or providers described by
5-8 Subsection (b).
5-9 (d) A member of the work group serves at the will of the
5-10 appointing agency and receives no additional compensation for
5-11 serving on the work group.
5-12 (e) The commissioner shall appoint a member of the work
5-13 group to serve as presiding officer, and members of the work group
5-14 shall elect any other necessary officers. The work group shall
5-15 meet at the call of the presiding officer.
5-16 (f) The work group is not subject to Chapter 2110.
5-17 (g) This section expires September 1, 2003.
5-18 SECTION 2. As soon as practicable after the effective date
5-19 of this Act, the Health and Human Services Commission shall develop
5-20 outcome measures to determine the cost-effectiveness of the voucher
5-21 payment program required by Section 531.051, Government Code, as
5-22 added by this Act. The commission shall submit to the legislature
5-23 a report on its findings and recommendations not later than
5-24 September 1, 2002.
5-25 SECTION 3. If before implementing Section 531.051,
5-26 Government Code, as added by this Act, the Health and Human
6-1 Services Commission or another state agency determines that a
6-2 waiver or authorization from a federal agency is necessary for
6-3 implementation, the commission or other state agency shall request
6-4 the waiver or authorization, and may delay implementing that
6-5 provision until the waiver or authorization is granted.
6-6 SECTION 4. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended,
6-11 and that this Act take effect and be in force from and after its
6-12 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1586 passed the Senate on
May 3, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1586 passed the House on
May 25, 1999, by the following vote: Yeas 145, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor