81R16561 UM-F

By: Rodriguez, Naishtat, Herrero, Hughes, H.B. No. 785

Davis of Harris, et al.

Substitute the following for H.B. No. 785:

By: Rose C.S.H.B. No. 785

A BILL TO BE ENTITLED

AN ACT

relating to employment services for persons with disabilities.

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

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

SUBCHAPTER S. EMPLOYMENT SERVICES

Sec. 531.751. EMPLOYMENT SERVICES. (a) The executive commissioner shall ensure that employment services are structured in a manner that is designed to assist persons with disabilities to obtain and maintain meaningful employment in integrated settings.

(b) The executive commissioner shall adopt rules necessary to eliminate barriers to employment services for persons who receive services in Section 1915(c) waiver programs that offer employment services, including rules that:

(1) expand the annual hourly limit for employment services in any program in which the hours are capped;

(2) ensure employment services include assistance with obtaining employment; and

(3) ensure that employment services are available under the consumer-directed services option.

(c) The executive commissioner shall adopt rules regarding employment services offered through Section 1915(c) waiver programs and ICF-MR facilities licensed under Chapter 252, Health and Safety Code, and general revenue funded employment services provided through local mental retardation authorities. The rules must ensure that as part of the service planning process for a person receiving services:

(1) employment options are discussed and employment strategies are developed to achieve employment goals; and

(2) each provider of employment services considers the availability and accessibility of transportation as part of the employment plan.

(d) The Department of Aging and Disability Services shall provide training and technical assistance regarding the provision of employment services to:

(1) providers required to provide or contract for the provision of employment services under Section 1915(c) waiver programs that offer employment services;

(2) ICF-MR facilities licensed under Chapter 252, Health and Safety Code, and required to provide or contract for the provision of employment services; and

(3) local mental retardation authorities providing general revenue funded employment services.

Sec. 531.752. EMPLOYMENT SERVICES PROVIDER MINIMUM STANDARDS; REQUIRED APPROVAL. (a) The commission, the Department of Assistive and Rehabilitative Services, and the Department of Aging and Disability Services shall collaboratively develop minimum standards for employment services providers that provide services through either department. The minimum standards, to the extent possible, should be consistent with the minimum standards stated in the Department of Assistive and Rehabilitative Services' terms and conditions for employment services provider contracts, as those terms and conditions existed on January 1, 2009.

(b) The Department of Assistive and Rehabilitative Services shall:

(1) review and approve applications to provide employment services to ensure that all employment services providers meet the minimum standards adopted under Subsection (a), regardless of:

(A) the type or duration of employment services provided; or

(B) whether the persons receiving the services are clients of the Department of Assistive and Rehabilitative Services or the Department of Aging and Disability Services;

(2) maintain a list of employment services providers that meet the minimum standards; and

(3) make the list available to a person that requests information regarding employment services, regardless of whether the person receives services from the department.

(c) A person may not provide employment services through a contract with the Department of Assistive and Rehabilitative Services or the Department of Aging and Disability Services, through a contract with a provider of services who contracts with the Department of Aging and Disability Services, or to a client under the consumer-directed services option through the Department of Aging and Disability Services unless the person has applied for and been approved as an employment services provider by the Department of Assistive and Rehabilitative Services.

(d) The approval by the Department of Assistive and Rehabilitative Services of a person as an employment services provider under this section does not constitute a contractual obligation, and a health and human services agency is not required to contract with a person approved under this section. A person who contracts with a health and human services agency to provide employment services is governed by the terms and conditions of the contract, regardless of whether the person has received an approval as an employment services provider from the Department of Assistive and Rehabilitative Services.

(e) The executive commissioner shall ensure that agreements or contracts are developed as needed to allow the Department of Aging and Disability Services and the Department of Assistive and Rehabilitative Services to provide employment services through providers approved by the Department of Assistive and Rehabilitative Services.

Sec. 531.753. INFORMATION REGARDING SOCIAL SECURITY INCOME AND BENEFITS AND FEDERAL WORK INCENTIVE PROGRAMS. (a) The executive commissioner shall ensure that training regarding social security income and benefits and federal work incentives is required for appropriate employees of the Department of Aging and Disability Services and the Department of Assistive and Rehabilitative Services in order to provide a person with a disability accurate and appropriate information and referrals related to social security income and benefit programs and federal employment services.

(b) The Department of Aging and Disability Services shall ensure that case managers and others who coordinate program services have access to and are trained to provide information regarding the use of social security, federal work incentives, and the Medicaid buy-in program to interested consumers. The department shall designate employees to provide the information required by this section to consumers and their families.

(c) The executive commissioner shall ensure that contracts with each local mental retardation authority require the authority to designate an employee to provide the information required by this section to consumers and their families.

SECTION 2. Subchapter B, Chapter 533, Health and Safety Code, is amended by adding Section 533.0371 to read as follows:

Sec. 533.0371. PLAN TO REDUCE RELIANCE ON SHELTERED WORKSHOPS. (a) In this section, "sheltered workshop" means an employment setting in which individuals with disabilities are:

(1) substantially segregated from individuals without disabilities, other than non-disabled individuals who are providing services to those individuals with disabilities;

(2) congregated with other individuals with disabilities who are similarly employed; and

(3) paid less than the minimum wage under state or federal law.

(b) The Department of Aging and Disability Services shall develop a plan to significantly reduce reliance on sheltered workshops as an employment option for people with disabilities. The plan must identify all federal funding opportunities that would assist the department in reducing reliance on sheltered workshops.

(c) The plan developed under Subsection (b) must provide for the significant reduction of reliance on sheltered workshops not later than September 1, 2015.

SECTION 3. Section 117.058(a), Human Resources Code, is amended to read as follows:

(a) The department shall establish and require employee participation in a specialized training program for certain employees, including vocational rehabilitation counselors and vocational rehabilitation transition specialists and transition counselors, whose duties involve assisting youth with disabilities to transition to post-schooling activities, services for adults, or community living.

SECTION 4. Subchapter A, Chapter 302, Labor Code, is amended by adding Section 302.016 to read as follows:

Sec. 302.016. PROVISION OF DISABILITY NAVIGATOR SERVICES. (a) In this section, "disability navigator services" includes services that:

(1) are provided through a one-stop approach; and

(2) assist persons with disabilities in navigating a variety of programs that promote work incentive information, including locating and maintaining employment.

(b) The commission shall identify funding options that will allow the commission to increase the number of individuals providing disability navigator services to a level that ensures that each local workforce area has access to at least one individual who provides disability navigator services.

(c) The commission shall implement this section subject to the availability of funds for this purpose.

SECTION 5. (a) The Health and Human Services Commission shall analyze employment services provider Medicaid payment rates and rate methodology and determine the optimum rates and rate methodology that will ensure an adequate employment services provider base for individuals with disabilities. In conducting the analysis, the commission shall consider the use of an outcome-based methodology for payment of employment services providers, including the methodology and rate structure used by the Department of Assistive and Rehabilitative Services on January 1, 2009.

(b) Not later than September 1, 2010, the Health and Human Services Commission shall provide a report to the governor, lieutenant governor, and speaker of the house of representatives that contains the results of the analysis performed under this section and recommendations for any necessary legislation as determined by the commission.

SECTION 6. (a) A person providing employment services through a contract with the Department of Aging and Disability Services or the Department of Assistive and Rehabilitative Services, through a contract with a provider of services who contracts with the Department of Aging and Disability Services, or to a client under the consumer-directed services option through the Department of Aging and Disability Services on September 1, 2009, may continue to provide employment services without approval under Section 531.752, Government Code, as added by this Act, until September 1, 2011.

(b) Not later than September 1, 2010, the Department of Aging and Disability Services shall submit to the executive commissioner of the Health and Human Services Commission the plan required by Section 533.0371, Health and Safety Code, as added by this Act.

SECTION 7. The Health and Human Services Commission, the Department of Aging and Disability Services, and the Department of Assistive and Rehabilitative Services shall identify all funds appropriated or otherwise made available in the federal American Recovery and Reinvestment Act of 2009 that could lawfully be used to support employment services programs, and apply for and actively pursue all necessary actions to procure those funds for those purposes.

SECTION 8. 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 9. This Act takes effect September 1, 2009.