By: O'Day, Bonnen, Taylor, Eiland, Deshotel, H.B. No. 3766

et al.

Substitute the following for H.B. No. 3766:

By: Rose C.S.H.B. No. 3766

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a self-determination pilot program by the Department of Aging and Disability Services.

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

SECTION 1. Subchapter B, Chapter 32, Human Resources Code, is amended by adding Section 32.0661 to read as follows:

Sec. 32.0661. SELF-DETERMINATION PILOT PROGRAM. (a) In this section:

(1) "Department" means the Department of Aging and Disability Services.

(2) "Home and community-based services program" means the medical assistance waiver program for persons with mental retardation and related conditions implemented in accordance with Section 1915(c) of the federal Social Security Act (42 U.S.C. Section 1396n(c)) and administered by the Department of Aging and Disability Services.

(b) The department shall establish a pilot program that allows an eligible individual to use existing appropriated funds in a flexible, self-determined manner to fulfill the individual's needs for home and community services, as identified in a person-directed plan and individualized budget.

(c) The executive commissioner of the Health and Human Services Commission shall adopt rules regarding the pilot program with the advice and assistance of individuals with disabilities and their family members, the local mental retardation authorities in the counties in which the pilot program will be implemented, representatives from advocacy organizations for individuals with disabilities, the consumer directed services work group, and home and community-based services program providers. The rules must provide for at least the following pilot program elements:

(1) allowing, within the parameters of the program, the individual to have decision-making authority;

(2) providing for a consultant that provides support to the individual by:

(A) planning and developing a service plan to meet the individual's needs after the development of the individual's initial plan of services;

(B) negotiating with the system of services and service providers on behalf of the individual; and

(C) advocating for and connecting the individual with community resources; and

(3) ensuring that the pilot program includes an entity that provides financial management services to ensure that funds for the individual's budget in the pilot program are used in a legally and fiscally accountable manner.

(d) An individual is eligible to participate in the pilot program if the individual:

(1) is eligible for the home and community-based services program; and

(2) is enrolled in or, through inclusion on the interest list, is in the process of enrolling in the home and community-based services program.

(e) The department shall coordinate with the Health and Human Services Commission and the Centers for Medicare and Medicaid Services to determine the best strategy for receiving approval for the use of the funds in the pilot program.

(f) In implementing the pilot program, the department shall:

(1) ensure that not more than 50 individuals are enrolled in the pilot program at any one time;

(2) for an individual not enrolled in the home and community-based services program, require the local mental retardation authority for each county participating in the pilot program to provide initial service coordination for the individual enrolling in the pilot program, including:

(A) development of the initial plan of services for the individual, with direction from the individual;

(B) evaluation of the individual to determine the individual's need for services and supports; and

(C) planning for support services, including identification of qualified consultants and financial management service providers;

(3) for an individual enrolled in the home and community-based services program who chooses to participate in the pilot program, require the individual's case management service provider in the home and community-based services program to provide initial service coordination for the individual, including:

(A) development of the initial plan of services for the individual, with direction from the individual;

(B) evaluation of the individual to determine the individual's need for services and supports; and

(C) planning for support services, including identification of qualified consultants and financial management service providers; and

(4) ensure that:

(A) the local mental retardation authority staff or the individual's case management service provider in the home and community-based services program, as applicable, receives information and training regarding the concept of self-determination and strategies for successful implementation of the pilot program;

(B) each financial management services provider is:

(i) given orientation for and is supportive of the concept of self-determination;

(ii) able to work with a range of different consumers; and

(iii) otherwise compliant with department and Health and Human Services Commission requirements for the provision of financial management services;

(C) a person serving as a consultant:

(i) has knowledge of and is familiar with community and other available resources for individuals with disabilities;

(ii) understands the pilot program requirements regarding planning, budgets, and the use of services and supports; and

(iii) is independent of the persons providing services and supports to the individual served by the consultant; and

(D) a service provider is qualified and complies with the department's requirements for the provision of those services.

(g) The department shall ensure that an individual enrolled in the pilot program may transfer to receiving services through the home and community-based services program at any time.

(h) Not later than January 1, 2009, the department shall implement the pilot program in Brazoria and Galveston Counties.

(i) Not later than June 1, 2010, the department shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the presiding officer of each standing committee of the senate and the house of representatives with jurisdiction over human services regarding the implementation of the pilot program that contains:

(1) a review of the quality of life and outcomes of individuals enrolled in the pilot program;

(2) a review of whether the pilot program is cost-effective;

(3) recommendations regarding the expansion of the pilot program;

(4) any relevant information provided to the department by the consumer directed services work group; and

(5) any other relevant information as determined by the department.

(j) This section expires September 1, 2011.

SECTION 2. 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 3. This Act takes effect September 1, 2007.