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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a strategic plan to improve long-term |
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services and supports for individuals with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 4, Government Code, is amended |
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by adding Chapter 536 to read as follows: |
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CHAPTER 536. STRATEGIC PLAN REGARDING LONG-TERM SERVICES AND |
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SUPPORTS FOR INDIVIDUALS WITH DISABILITIES |
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Sec. 536.001. PURPOSE; INTENT. (a) The purpose of this |
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chapter is to develop a comprehensive plan to improve Texas' system |
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of long-term services and supports for individuals with |
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disabilities, including individuals who are eligible for ICF-MR |
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services. |
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(b) It is the intent of the legislature that the system |
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analysis and planning effort prescribed by this chapter encompass |
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services for individuals with disabilities across different |
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programs and settings. |
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(c) It is the intent of the legislature that the improved |
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system: |
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(1) be based on principles of self-determination; |
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(2) include person-centered planning and maximize |
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opportunities for consumer direction for all eligible individuals; |
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(3) provide and expand timely access to services and |
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supports in the individual's setting of choice, whether in the |
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community or in an institution; |
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(4) base service provision on functional need; |
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(5) simplify and streamline community-based services |
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to ensure that, to the extent possible, all individuals have access |
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to the same array of services regardless of an individual's |
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disability; |
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(6) improve the quality of services delivered across |
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programs and settings; |
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(7) strengthen oversight of community-based services; |
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and |
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(8) increase the cost-effectiveness and |
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sustainability of long-term care services and supports. |
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Sec. 536.002. PRINCIPLES OF SELF-DETERMINATION. For |
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purposes of this chapter, "self-determination" includes the |
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following principles: |
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(1) freedom, the opportunity to choose where and with |
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whom one lives and how one organizes all important aspects of one's |
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life with freely chosen assistance as needed; |
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(2) authority, the ability to control some targeted |
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amount of public dollars; |
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(3) support, the ability to organize support in ways |
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that are unique to the individual; |
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(4) responsibility, the obligation to use public |
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dollars wisely and to contribute to one's community; and |
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(5) confirmation, the recognition that individuals |
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with disabilities must be a major part of the redesign of the human |
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services system of long-term care. |
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Sec. 536.003. CREATION OF STRATEGIC PLAN. The commission |
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shall create a strategic plan for the improvement of the services |
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and supports available for individuals with disabilities, |
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including individuals eligible for ICF-MR services. The commission |
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shall develop the plan using a clearly defined process that allows |
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ongoing and meaningful statewide public involvement. |
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Sec. 536.004. CONTENTS OF STRATEGIC PLAN. The strategic |
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plan required by this chapter must: |
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(1) assess the need for services and supports based on |
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current interest lists, national trends, best practices, consumer |
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satisfaction surveys, and any other relevant data; |
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(2) prescribe methods to expand timely access to |
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community-based services by: |
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(A) eliminating wait times for services of |
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greater than two years; |
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(B) developing community-based provider |
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capacity; and |
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(C) improving and expanding positive behavioral |
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supports in the community for adults and children; |
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(3) analyze current utilization management methods |
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for community-based services and determine necessary modifications |
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to ensure more timely access to services; |
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(4) examine local access issues for community-based |
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services and identify appropriate solutions; |
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(5) examine the current functional eligibility |
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criteria, functional assessment tools, and service planning |
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reimbursement methodology for the home and community-based |
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services waiver system and determine appropriate methods to modify |
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those protocols so individuals can access needed services, |
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regardless of the program in which the individual is enrolled; |
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(6) prescribe methods to redesign the home and |
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community-based services waiver system across all programs by: |
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(A) simplifying and streamlining the |
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administrative, policy, and regulatory processes to the extent |
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possible; |
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(B) ensuring that person-centered plans and |
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philosophy match utilization review and utilization management |
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methods and philosophy; |
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(C) permitting, to the extent allowed by federal |
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law, flexibility in the development of an individualized service |
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plan based on the needs of the individual rather than the |
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individual's disability label or diagnosis; |
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(D) ensuring that an individualized service plan |
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can be modified when the individual's support needs change; and |
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(E) implementing other strategies to streamline |
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services for individuals with a disability who are eligible for |
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waiver services; |
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(7) prescribe methods to improve services delivered to |
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individuals in state schools and state centers; |
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(8) prescribe methods to improve the quality of |
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services provided to individuals by: |
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(A) examining current methods and processes |
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related to the quality of services and identifying which methods or |
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processes: |
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(i) need further enhancements; |
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(ii) need to be developed; or |
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(iii) are effective and should be |
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considered for implementation across all services; |
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(B) increasing oversight and accountability in |
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community-based settings; |
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(C) developing an appropriate population of |
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qualified direct services workers in the community who are |
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appropriately compensated; and |
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(D) identifying quality measures, including |
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timeliness of service delivery, number of individuals served, and |
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types of services being received, and providing a process by which |
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this information is reported to the legislature on an annual basis; |
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and |
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(9) identify barriers to system improvements and make |
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recommendations to eliminate or address barriers to system |
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improvements, including any necessary statutory amendment. |
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SECTION 2. Not later than December 1, 2010, the Health and |
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Human Services Commission shall submit the strategic plan required |
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by Chapter 536, Government Code, as added by this Act, to the |
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presiding officers of the Senate Health and Human Services |
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Committee and the House Human Services Committee. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |