By:  Carona                                                       S.B. No. 1586
	(In the Senate - Filed March 11, 2005; March 22, 2005, read 
first time and referred to Committee on Health and Human Services; 
April 14, 2005, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 8, Nays 0; April 14, 2005, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 1586                                   By:  Carona


A BILL TO BE ENTITLED

AN ACT


relating to community-based assisted living services for certain 
elderly residents.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 161, Human Resources Code, 
is amended by adding Section 161.074 to read as follows:
	Sec. 161.074.  WAIVER OF REQUIREMENTS FOR COMMUNITY HOUSING.  
(a)  The department shall offer an individual the opportunity to 
enroll in the community-based alternatives program at a facility 
that has units that have been converted to an assisted living 
facility under Section 202b, Housing Act of 1959 (12 U.S.C. Section 
1701q-2) if:
		(1)  the individual:                                                   
			(A)  is 62 years of age or older and resides in 
that facility;      
			(B)  requests program services from the 
department;                 
			(C)  meets the eligibility criteria for the 
program; and            
			(D)  qualifies for federal housing assistance 
under Section 8, United States Housing Act of 1937 (42 U.S.C. 
Section 1437f); and
		(2)  the facility meets the requirements to contract 
with the department as an assisted living provider in the 
community-based alternatives program.
	(b)  The department shall make an offer under Subsection (a) 
without regard to the community-based alternatives program 
interest list.
	(c)  Community-based alternatives program services provided 
to an individual in accordance with this section must be provided 
using funds allocated for the community-based alternatives 
program.
	SECTION 2.  The executive commissioner of the Health and 
Human Services Commission shall adopt any rules required by Section 
161.074, Human Resources Code, as added by this Act, as soon as 
practicable after the effective date of this Act.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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