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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a self-determination pilot program |
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by the Department of Aging and Disability Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 32, Human Resources Code, |
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is amended by adding Section 32.0661 to read as follows: |
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Sec. 32.0661. SELF-DETERMINATION PILOT PROGRAM. (a) In |
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this section: |
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(1) "Department" means the Department of Aging and |
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Disability Services. |
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(2) "Home and community-based services program" means |
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the medical assistance waiver program for persons with mental |
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retardation and related conditions implemented in accordance with |
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Section 1915(c) of the federal Social Security Act (42 U.S.C. |
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Section 1396n(c)) and administered by the Department of Aging and |
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Disability Services. |
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(b) The department shall establish a pilot program that |
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allows an eligible individual to use existing appropriated funds in |
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a flexible, self-determined manner to fulfill the individual's |
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needs for home and community services, as identified in a |
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person-directed plan and individualized budget. |
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(c) The executive commissioner of the Health and Human |
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Services Commission shall adopt rules regarding the pilot program |
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with the advice and assistance of individuals with disabilities and |
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their family members, the local mental retardation authorities in |
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the counties in which the pilot program will be implemented, |
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representatives from advocacy organizations for individuals with |
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disabilities, the consumer directed services work group, and home |
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and community-based services program providers. The rules must |
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provide for at least the following pilot program elements: |
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(1) allowing, within the parameters of the program, |
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the individual to have decision-making authority; |
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(2) providing for a consultant that provides support |
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to the individual by: |
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(A) planning and developing a service plan to |
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meet the individual's needs after the development of the |
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individual's initial plan of services; |
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(B) negotiating with the system of services and |
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service providers on behalf of the individual; and |
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(C) advocating for and connecting the individual |
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with community resources; and |
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(3) ensuring that the pilot program includes an entity |
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that provides financial management services to ensure that funds |
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for the individual's budget in the pilot program are used in a |
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legally and fiscally accountable manner. |
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(d) An individual is eligible to participate in the pilot |
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program if the individual: |
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(1) is eligible for the home and community-based |
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services program; and |
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(2) is enrolled in or, through inclusion on the |
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interest list, is in the process of enrolling in the home and |
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community-based services program. |
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(e) The department shall coordinate with the Health and |
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Human Services Commission and the Centers for Medicare and Medicaid |
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Services to determine the best strategy for receiving approval for |
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the use of the funds in the pilot program. |
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(f) In implementing the pilot program, the department |
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shall: |
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(1) ensure that not more than 50 individuals are |
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enrolled in the pilot program at any one time; |
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(2) for an individual not enrolled in the home and |
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community-based services program, require the local mental |
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retardation authority for each county participating in the pilot |
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program to provide initial service coordination for the individual |
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enrolling in the pilot program, including: |
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(A) development of the initial plan of services |
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for the individual, with direction from the individual; |
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(B) evaluation of the individual to determine the |
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individual's need for services and supports; and |
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(C) planning for support services, including |
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identification of qualified consultants and financial management |
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service providers; |
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(3) for an individual enrolled in the home and |
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community-based services program who chooses to participate in the |
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pilot program, require the individual's case management service |
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provider in the home and community-based services program to |
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provide initial service coordination for the individual, |
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including: |
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(A) development of the initial plan of services |
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for the individual, with direction from the individual; |
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(B) evaluation of the individual to determine the |
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individual's need for services and supports; and |
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(C) planning for support services, including |
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identification of qualified consultants and financial management |
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service providers; and |
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(4) ensure that: |
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(A) the local mental retardation authority staff |
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or the individual's case management service provider in the home |
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and community-based services program, as applicable, receives |
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information and training regarding the concept of |
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self-determination and strategies for successful implementation of |
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the pilot program; |
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(B) each financial management services provider |
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is: |
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(i) given orientation for and is supportive |
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of the concept of self-determination; |
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(ii) able to work with a range of different |
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consumers; and |
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(iii) otherwise compliant with department |
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and Health and Human Services Commission requirements for the |
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provision of financial management services; |
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(C) a person serving as a consultant: |
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(i) has knowledge of and is familiar with |
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community and other available resources for individuals with |
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disabilities; |
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(ii) understands the pilot program |
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requirements regarding planning, budgets, and the use of services |
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and supports; and |
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(iii) is independent of the persons |
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providing services and supports to the individual served by the |
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consultant; and |
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(D) a service provider is qualified and complies |
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with the department's requirements for the provision of those |
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services. |
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(g) The department shall ensure that an individual enrolled |
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in the pilot program may transfer to receiving services through the |
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home and community-based services program at any time. |
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(h) Not later than January 1, 2009, the department shall |
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implement the pilot program in Brazoria and Galveston Counties. |
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(i) Not later than June 1, 2010, the department shall submit |
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a report to the governor, the lieutenant governor, the speaker of |
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the house of representatives, and the presiding officer of each |
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standing committee of the senate and the house of representatives |
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with jurisdiction over human services regarding the implementation |
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of the pilot program that contains: |
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(1) a review of the quality of life and outcomes of |
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individuals enrolled in the pilot program; |
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(2) a review of whether the pilot program is |
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cost-effective; |
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(3) recommendations regarding the expansion of the |
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pilot program; |
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(4) any relevant information provided to the |
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department by the consumer directed services work group; and |
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(5) any other relevant information as determined by |
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the department. |
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(j) This section expires September 1, 2011. |
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SECTION 2. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 3. This Act takes effect September 1, 2007. |