81R3292 UM-D

By: Rodriguez 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 programs, including supported employment services programs, are structured in a manner that assists 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 individuals eligible to receive services under a Section 1915(c) waiver program, including rules that:

(1) expand an individual's time and budget allowances for employment services for consumers receiving services under Section 1915(c) waiver programs;

(2) allow consumers to exercise self-determination and choose the amount of money in the consumer's budget that the consumer allocates toward employment services;

(3) ensure that employment services are available under all Section 1915(c) waiver programs;

(4) ensure that case managers assist consumers of waiver services in developing an individualized budget, selecting an approved employment services provider, and creating an employment services plan; and

(5) ensure that a provider of employment services under contract with the Department of Aging and Disability Services provides transportation to competitive employment locations.

Sec. 531.752. EMPLOYMENT SERVICES PROVIDER MINIMUM STANDARDS; REQUIRED APPROVAL. (a) The executive commissioner, 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 contract with either agency.

(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 unless the person has applied for and been approved as an employment services provider by the Department of Assistive and Rehabilitative Services.

(d) The executive commissioner shall ensure that:

(1) agreements or contracts are developed as needed to allow other health and human services agencies to contract with employment services providers approved by the Department of Assistive and Rehabilitative Services; and

(2) employment services are available under the consumer-directed services option.

Sec. 531.753. INFORMATION REGARDING SOCIAL SECURITY INCOME AND BENEFITS AND FEDERAL WORK INCENTIVE PROGRAMS. (a) The executive commissioner shall ensure that each health and human services agency has sufficient expertise regarding social security income and benefits and federal work incentives to ensure that a person with a disability receives 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, including case managers employed by employment services providers, 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 at least one staff person in each region to provide the information required by this section to consumers and their families.

(c) The executive commissioner shall ensure that each local mental retardation authority designates 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) 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.

(b) The plan developed under Subsection (a) 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 have an impact on locating and maintaining employment.

(b) The commission shall identify and implement 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.

SECTION 5. (a) The Health and Human Services Commission shall analyze employment services provider 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.

(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 on September 1, 2009, may continue to provide employment services and is not required to apply for employment services provider 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. 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 8. This Act takes effect September 1, 2009.