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A BILL TO BE ENTITLED
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AN ACT
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relating to employment services for persons with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 531, Government Code, is amended by |
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adding Subchapter S to read as follows: |
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SUBCHAPTER S. EMPLOYMENT SERVICES |
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Sec. 531.751. EMPLOYMENT SERVICES. (a) The executive |
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commissioner shall ensure that employment services are structured |
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in a manner that is designed to assist persons with disabilities to |
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obtain and maintain meaningful employment in integrated settings. |
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(b) The executive commissioner shall adopt rules necessary |
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to eliminate barriers to employment services for persons who |
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receive services in Section 1915(c) waiver programs that offer |
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employment services, including rules that: |
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(1) expand the annual hourly limit for employment |
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services in any program in which the hours are capped; |
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(2) ensure employment services include assistance |
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with obtaining employment; and |
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(3) ensure that employment services are available |
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under the consumer-directed services option. |
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(c) The executive commissioner shall adopt rules regarding |
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employment services offered through Section 1915(c) waiver |
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programs and ICF-MR facilities licensed under Chapter 252, Health |
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and Safety Code, and general revenue funded employment services |
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provided through local mental retardation authorities. The rules |
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must ensure that as part of the service planning process for a |
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person receiving services: |
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(1) employment options are discussed and employment |
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strategies are developed to achieve employment goals; and |
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(2) each provider of employment services considers the |
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availability and accessibility of transportation as part of the |
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employment plan. |
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(d) The Department of Aging and Disability Services shall |
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provide training and technical assistance regarding the provision |
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of employment services to: |
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(1) providers required to provide or contract for the |
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provision of employment services under Section 1915(c) waiver |
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programs that offer employment services; |
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(2) ICF-MR facilities licensed under Chapter 252, |
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Health and Safety Code, and required to provide or contract for the |
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provision of employment services; and |
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(3) local mental retardation authorities providing |
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general revenue funded employment services. |
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Sec. 531.752. EMPLOYMENT SERVICES PROVIDER MINIMUM |
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STANDARDS; REQUIRED APPROVAL. (a) The commission, the Department |
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of Assistive and Rehabilitative Services, and the Department of |
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Aging and Disability Services shall collaboratively develop |
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minimum standards for employment services providers that provide |
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services through either department. The minimum standards, to the |
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extent possible, should be consistent with the minimum standards |
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stated in the Department of Assistive and Rehabilitative Services' |
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terms and conditions for employment services provider contracts, as |
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those terms and conditions existed on January 1, 2009. |
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(b) The Department of Assistive and Rehabilitative Services |
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shall: |
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(1) review and approve applications to provide |
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employment services to ensure that all employment services |
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providers meet the minimum standards adopted under Subsection (a), |
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regardless of: |
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(A) the type or duration of employment services |
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provided; or |
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(B) whether the persons receiving the services |
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are clients of the Department of Assistive and Rehabilitative |
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Services or the Department of Aging and Disability Services; |
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(2) maintain a list of employment services providers |
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that meet the minimum standards; and |
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(3) make the list available to a person that requests |
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information regarding employment services, regardless of whether |
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the person receives services from the department. |
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(c) A person may not provide employment services through a |
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contract with the Department of Assistive and Rehabilitative |
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Services or the Department of Aging and Disability Services, |
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through a contract with a provider of services who contracts with |
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the Department of Aging and Disability Services, or to a client |
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under the consumer-directed services option through the Department |
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of Aging and Disability Services unless the person has applied for |
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and been approved as an employment services provider by the |
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Department of Assistive and Rehabilitative Services. |
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(d) The approval by the Department of Assistive and |
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Rehabilitative Services of a person as an employment services |
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provider under this section does not constitute a contractual |
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obligation, and a health and human services agency is not required |
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to contract with a person approved under this section. A person who |
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contracts with a health and human services agency to provide |
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employment services is governed by the terms and conditions of the |
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contract, regardless of whether the person has received an approval |
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as an employment services provider from the Department of Assistive |
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and Rehabilitative Services. |
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(e) The executive commissioner shall ensure that agreements |
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or contracts are developed as needed to allow the Department of |
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Aging and Disability Services and the Department of Assistive and |
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Rehabilitative Services to provide employment services through |
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providers approved by the Department of Assistive and |
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Rehabilitative Services. |
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Sec. 531.753. INFORMATION REGARDING SOCIAL SECURITY INCOME |
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AND BENEFITS AND FEDERAL WORK INCENTIVE PROGRAMS. (a) The |
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executive commissioner shall ensure that training regarding social |
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security income and benefits and federal work incentives is |
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required for appropriate employees of the Department of Aging and |
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Disability Services and the Department of Assistive and |
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Rehabilitative Services in order to provide a person with a |
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disability accurate and appropriate information and referrals |
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related to social security income and benefit programs and federal |
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employment services. |
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(b) The Department of Aging and Disability Services shall |
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ensure that case managers and others who coordinate program |
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services have access to and are trained to provide information |
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regarding the use of social security, federal work incentives, and |
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the Medicaid buy-in program to interested consumers. The |
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department shall designate employees to provide the information |
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required by this section to consumers and their families. |
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(c) The executive commissioner shall ensure that contracts |
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with each local mental retardation authority require the authority |
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to designate an employee to provide the information required by |
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this section to consumers and their families. |
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SECTION 2. Subchapter B, Chapter 533, Health and Safety |
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Code, is amended by adding Section 533.0371 to read as follows: |
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Sec. 533.0371. PLAN TO REDUCE RELIANCE ON SHELTERED |
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WORKSHOPS. (a) In this section, "sheltered workshop" means an |
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employment setting in which individuals with disabilities are: |
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(1) substantially segregated from individuals without |
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disabilities, other than non-disabled individuals who are |
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providing services to those individuals with disabilities; |
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(2) congregated with other individuals with |
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disabilities who are similarly employed; and |
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(3) paid less than the minimum wage under state or |
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federal law. |
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(b) The Department of Aging and Disability Services shall |
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develop a plan to significantly reduce reliance on sheltered |
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workshops as an employment option for people with disabilities. |
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The plan must identify all federal funding opportunities that would |
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assist the department in reducing reliance on sheltered workshops. |
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(c) The plan developed under Subsection (b) must provide for |
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the significant reduction of reliance on sheltered workshops not |
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later than September 1, 2015. |
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SECTION 3. Section 117.058(a), Human Resources Code, is |
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amended to read as follows: |
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(a) The department shall establish and require employee |
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participation in a specialized training program for certain |
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employees, including vocational rehabilitation counselors and |
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vocational rehabilitation transition specialists and transition |
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counselors, whose duties involve assisting youth with disabilities |
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to transition to post-schooling activities, services for adults, or |
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community living. |
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SECTION 4. Subchapter A, Chapter 302, Labor Code, is |
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amended by adding Section 302.016 to read as follows: |
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Sec. 302.016. PROVISION OF DISABILITY NAVIGATOR SERVICES. |
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(a) In this section, "disability navigator services" includes |
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services that: |
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(1) are provided through a one-stop approach; and |
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(2) assist persons with disabilities in navigating a |
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variety of programs that promote work incentive information, |
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including locating and maintaining employment. |
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(b) The commission shall identify funding options that will |
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allow the commission to increase the number of individuals |
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providing disability navigator services to a level that ensures |
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that each local workforce area has access to at least one individual |
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who provides disability navigator services. |
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(c) The commission shall implement this section subject to |
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the availability of funds for this purpose. |
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SECTION 5. (a) The Health and Human Services Commission |
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shall analyze employment services provider Medicaid payment rates |
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and rate methodology and determine the optimum rates and rate |
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methodology that will ensure an adequate employment services |
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provider base for individuals with disabilities. In conducting the |
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analysis, the commission shall consider the use of an outcome-based |
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methodology for payment of employment services providers, |
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including the methodology and rate structure used by the Department |
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of Assistive and Rehabilitative Services on January 1, 2009. |
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(b) Not later than September 1, 2010, the Health and Human |
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Services Commission shall provide a report to the governor, |
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lieutenant governor, and speaker of the house of representatives |
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that contains the results of the analysis performed under this |
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section and recommendations for any necessary legislation as |
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determined by the commission. |
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SECTION 6. (a) A person providing employment services |
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through a contract with the Department of Aging and Disability |
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Services or the Department of Assistive and Rehabilitative |
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Services, through a contract with a provider of services who |
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contracts with the Department of Aging and Disability Services, or |
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to a client under the consumer-directed services option through the |
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Department of Aging and Disability Services on September 1, 2009, |
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may continue to provide employment services without approval under |
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Section 531.752, Government Code, as added by this Act, until |
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September 1, 2011. |
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(b) Not later than September 1, 2010, the Department of |
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Aging and Disability Services shall submit to the executive |
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commissioner of the Health and Human Services Commission the plan |
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required by Section 533.0371, Health and Safety Code, as added by |
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this Act. |
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SECTION 7. The Health and Human Services Commission, the |
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Department of Aging and Disability Services, and the Department of |
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Assistive and Rehabilitative Services shall identify all funds |
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appropriated or otherwise made available in the federal American |
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Recovery and Reinvestment Act of 2009 that could lawfully be used to |
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support employment services programs, and apply for and actively |
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pursue all necessary actions to procure those funds for those |
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purposes. |
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SECTION 8. 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 9. This Act takes effect September 1, 2009. |