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A BILL TO BE ENTITLED
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AN ACT
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relating to reducing state school commitments and increasing |
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community services for persons with mental retardation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 533.0355(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) In adopting rules under this section, the executive |
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commissioner must include rules regarding the following local |
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mental retardation authority responsibilities: |
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(1) access; |
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(2) intake; |
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(3) eligibility functions; |
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(4) enrollment, initial person-centered assessment, |
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and service authorization; |
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(5) case management services for individuals |
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receiving services under a Home and Community-based Services (HCS) |
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waiver program; |
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(6) utilization management; |
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(7) [(6)] safety net functions, including crisis |
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management services and assistance in accessing facility-based |
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care; |
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(8) [(7)] service coordination functions; |
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(9) [(8)] provision and oversight of state general |
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revenue services; |
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(10) [(9)] local planning functions, including |
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stakeholder involvement, technical assistance and training, and |
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provider complaint and resolution processes; and |
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(11) [(10)] processes to assure accountability in |
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performance, compliance, and monitoring. |
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SECTION 2. Subchapter A, Chapter 553, Health and Safety |
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Code, is amended by adding Section 553.002 to read as follows: |
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Sec. 553.002. STATE SCHOOL CENSUS REQUIREMENTS. (a) In this |
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section: |
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(1) "Alleged offender resident" means a resident who: |
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(A) was committed to or transferred to a state |
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school under Chapter 46B or 46C, Code of Criminal Procedure, as a |
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result of being charged with or convicted of a criminal offense; or |
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(B) is a child committed to or transferred to a |
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state school under Chapter 55, Family Code, as a result of being |
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alleged by petition or having been found to have engaged in |
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delinquent conduct constituting a criminal offense. |
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(2) "Department" means the Department of Aging and |
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Disability Services. |
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(3) "Resident" means a person with mental retardation |
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who resides in a state school or the ICF-MR component of the Rio |
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Grande State Center. |
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(b) On or before September 1, 2013, the total census of |
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residents in state schools and the ICF-MR component of the Rio |
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Grande State Center may not exceed 3,000 residents, excluding |
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alleged offender residents, and the census of each state school may |
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not exceed 350 residents, excluding alleged offender residents. |
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(c) To achieve the census requirement under Subsection (b), |
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the department shall: |
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(1) reduce the total state school census by at least |
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500 residents on or before September 1, 2011; and |
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(2) identify at least 1,500 residents who can |
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transition to receiving services in the community through a Section |
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1915(c) waiver program and transition those residents not later |
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than September 1, 2013. |
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SECTION 3. (a) The Health and Human Services Commission and |
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the Department of Aging and Disability Services shall jointly |
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conduct a study regarding the feasibility of providing medical |
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assistance for long-term services and supports through the Medicaid |
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managed care program under Chapter 533, Government Code, to persons |
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with mental retardation who are eligible for that assistance. |
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(b) Not later than December 1, 2010, the Health and Human |
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Services Commission and the Department of Aging and Disability |
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Services shall submit a report regarding the results of the study to |
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the governor, the Legislative Budget Board, the lieutenant |
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governor, the speaker of the house of representatives, the Senate |
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Finance Committee, the Senate Health and Human Services Committee, |
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the House Appropriations Committee, and the House Human Services |
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Committee. The report must include: |
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(1) a cost-benefit analysis of providing medical |
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assistance to persons with mental retardation in the manner |
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described by Subsection (a) of this section; |
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(2) a proposal for the implementation of the provision |
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of that medical assistance if implementation is feasible; and |
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(3) a description of any legislative action necessary |
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to provide that medical assistance if implementation is feasible. |
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SECTION 4. Not later than January 1, 2010, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules relating to the provision of case management services |
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for individuals receiving services under a Home and Community-based |
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Services (HCS) waiver and shall ensure that this function is |
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transferred to local mental retardation authorities as quickly as |
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possible without disrupting the provision of services. |
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SECTION 5. This Act takes effect September 1, 2009. |