H.B. No. 2610
 
 
 
 
AN ACT
  relating to facilitating access to certain public assistance
  benefits programs and health care providers and services through a
  community-based navigator program and through promotoras and
  community health workers.
         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. COMMUNITY-BASED NAVIGATOR PROGRAM
         Sec. 531.751.  DEFINITIONS. In this subchapter:
               (1)  "Community-based organization" and "faith-based
  organization" have the meanings assigned by Section 535.001.
               (2)  "Navigator" means a person who is:
                     (A)  a volunteer or other representative of a
  faith- or community-based organization; and
                     (B)  certified by the commission to provide or
  facilitate the provision of information or assistance through the
  faith- or community-based organization to individuals applying or
  seeking to apply online through the Texas Integrated Eligibility
  Redesign System (TIERS) or any other electronic eligibility system
  that is linked to or made a part of that system for public
  assistance benefits administered by the commission.
         Sec. 531.752.  ESTABLISHMENT OF COMMUNITY-BASED NAVIGATOR
  PROGRAM. If the executive commissioner determines that a statewide
  community-based navigator program can be established and operated
  using existing resources and without disrupting other commission
  functions, the commission shall establish a statewide
  community-based navigator program through which the commission
  will train and certify as navigators volunteers and other
  representatives of faith- and community-based organizations to
  assist individuals applying or seeking to apply online for public
  assistance benefits through the Texas Integrated Eligibility
  Redesign System (TIERS) or any other electronic eligibility system
  that is linked to or made a part of that system. In establishing the
  navigator program, the commission shall solicit the expertise and
  assistance of interested persons, including faith- and
  community-based organizations, and may establish a work group or
  other temporary, informal group of interested persons to provide
  input and assistance.
         Sec. 531.753.  PROGRAM STANDARDS. The executive
  commissioner shall adopt standards to implement this subchapter,
  including standards:
               (1)  subject to Section 531.754, regarding the
  qualifications and training required for certification as a
  navigator;
               (2)  regarding the suspension, revocation, and, if
  appropriate, periodic renewal of a navigator certificate;
               (3)  to protect the confidentiality of applicant
  information handled by navigators; and
               (4)  regarding any other issues the executive
  commissioner determines are appropriate.
         Sec. 531.754.  TRAINING PROGRAM.  The commission shall
  develop and administer a training program for navigators.  The
  program must include training on:
               (1)  how to complete an online application for public
  assistance benefits through the Texas Integrated Eligibility
  Redesign System (TIERS);
               (2)  the importance of maintaining the confidentiality
  of information handled by a navigator;
               (3)  the importance of obtaining and submitting
  complete and accurate information when completing an application
  for public assistance benefits online through the Texas Integrated
  Eligibility Redesign System (TIERS);
               (4)  the financial assistance program, the
  supplemental nutrition assistance program, the medical assistance
  program, the child health plan program, and any other public
  assistance benefits program for which an individual may complete an
  online application through the Texas Integrated Eligibility
  Redesign System (TIERS); and
               (5)  how an individual may apply for other public
  assistance benefits for which an individual may not complete an
  online application through the Texas Integrated Eligibility
  Redesign System (TIERS).
         Sec. 531.755.  PUBLICATION OF NAVIGATOR LIST. The
  commission shall maintain and publish on the commission's Internet
  website a list of certified navigators.
         SECTION 2.  Chapter 48, Health and Safety Code, is amended to
  read as follows:
  CHAPTER 48. [TRAINING AND REGULATION OF] PROMOTORAS AND COMMUNITY
  HEALTH WORKERS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 48.001.  DEFINITIONS. In this chapter:
               (1)  "Advisory committee" means the Promotora and
  Community Health Worker Training and Certification Advisory
  Committee.
               (2)  "Commission" means the Health and Human Services
  Commission.
               (3)  "Commissioner" means the commissioner of state
  health services.
               (4)  "Compensation" includes receiving payment or
  receiving reimbursement for expenses.
               (5)  "Department" means the Department of State Health
  Services.
               (6)  "Executive commissioner" means the executive
  commissioner of the Health and Human Services Commission.
               (7) [(2)]  "Promotora" or "community health worker"
  means a person who, with or without compensation, provides a
  liaison between health care providers and patients through
  activities that may include activities such as assisting in case
  conferences, providing patient education, making referrals to
  health and social services, conducting needs assessments,
  distributing surveys to identify barriers to health care delivery,
  making home visits, and providing bilingual language services.
  SUBCHAPTER B. TRAINING AND REGULATION OF PROMOTORAS AND COMMUNITY
  HEALTH WORKERS
         Sec. 48.051  [48.002].  PROMOTORA AND COMMUNITY HEALTH
  WORKER TRAINING PROGRAM. (a)  The department shall establish and
  operate a program designed to train and educate persons who act as
  promotoras or community health workers. In establishing the
  training program, the department, to the extent possible, shall
  consider the [report and any findings of and implement any]
  applicable recommendations of the advisory committee [Promotora
  Program Development Committee].
         (b)  Participation in a training and education program
  established under this section is voluntary for a promotora or
  community health worker who provides services without receiving any
  compensation and mandatory for a promotora or community health
  worker who provides services for compensation. The executive
  commissioner [board] may adopt rules to exempt a promotora or
  community health worker from mandatory training who has served for
  three or more years or who has 1,000 or more hours of experience.
         Sec. 48.052  [48.003].  CERTIFICATION PROGRAM FOR
  PROMOTORAS AND COMMUNITY HEALTH WORKERS. (a)  The department shall
  establish and operate a certification program for persons who act
  as promotoras or community health workers. In establishing the
  program, the executive commissioner [board] shall adopt rules that
  provide minimum standards and guidelines, including participation
  in the training and education program under Section 48.051
  [48.002], for issuance of a certificate to a person under this
  section. In adopting the minimum standards and guidelines, the
  executive commissioner [board] shall consider the [report and any
  findings of   and adopt any] applicable recommendations of the
  advisory committee [Promotora Program Development Committee].
         (b)  Receipt of a certificate issued under this section may
  not be a requirement for a person to act as a promotora or community
  health worker without receiving any compensation and is a
  requirement for a person to act as a promotora or community health
  worker for compensation.
         (c)  The commission [Health and Human Services Commission]
  shall require health and human services agencies to use certified
  promotoras to the extent possible in health outreach and education
  programs for recipients of medical assistance under Chapter 32,
  Human Resources Code.
         Sec. 48.053.  RULES. The executive commissioner shall adopt
  rules for the administration of this subchapter.
  SUBCHAPTER C. MAXIMIZING BENEFITS FROM EMPLOYMENT OF
  PROMOTORAS AND COMMUNITY HEALTH WORKERS
         Sec. 48.101.  PROMOTORA AND COMMUNITY HEALTH WORKER TRAINING
  AND CERTIFICATION ADVISORY COMMITTEE. (a)  The department shall
  establish a statewide Promotora and Community Health Worker
  Training and Certification Advisory Committee composed of
  representatives from relevant entities appointed by the
  commissioner. The commissioner shall appoint a member of the
  advisory committee as presiding officer of the advisory committee.
         (b)  The advisory committee shall:
               (1)  advise the department and the commission on the
  implementation of standards, guidelines, and requirements under
  this chapter that relate to the training and regulation of
  promotoras and community health workers;
               (2)  advise the department on matters related to the
  employment and funding of promotoras and community health workers;
  and
               (3)  provide to the department recommendations for a
  sustainable program for promotoras and community health workers
  consistent with the purposes of this subchapter.
         (c)  Chapter 2110, Government Code, applies to the advisory
  committee.
         Sec. 48.102.  STUDY. (a)  The department, in coordination
  with the commission, shall:
               (1)  study the desirability and feasibility of
  employing promotoras and community health workers to provide
  publicly and privately funded health care services in this state;
               (2)  explore methods of funding and reimbursing
  promotoras and community health workers for the provision of health
  care services and outline the costs to this state of the funding and
  reimbursement; and
               (3)  develop recommendations to:
                     (A)  maximize the employment of and access to
  promotoras and community health workers; and
                     (B)  expand the funding of and reimbursement for
  services provided by promotoras and community health workers.
         (b)  In conducting the study required by Subsection (a), the
  department shall consult:
               (1)  relevant national organizations engaged in the
  development of community health worker policy;
               (2)  the advisory committee; and
               (3)  other individuals or organizations the department
  considers necessary.
         (c)  In conducting the study required under Subsection (a),
  the department shall assess the impact of promotoras and community
  health workers on increasing the efficiency of, quality of, and
  access to health care services.
         (d)  On or before December 1, 2012, the department shall
  submit to the legislature a report regarding the findings of the
  study conducted under this section.
         (e)  This section expires December 31, 2012.
         SECTION 3.  The heading to Subtitle B, Title 2, Health and
  Safety Code, is amended to read as follows:
  SUBTITLE B.  [TEXAS DEPARTMENT OF] HEALTH PROGRAMS
         SECTION 4.  If the executive commissioner of the Health and
  Human Services Commission makes the determination specified by
  Section 531.752, Government Code, as added by this Act, the
  commission shall establish the statewide community-based navigator
  program under Subchapter S, Chapter 531, Government Code, as added
  by this Act, not later than September 1, 2012.
         SECTION 5.  Not later than December 31, 2011, the Department
  of State Health Services shall:
               (1)  establish the Promotora and Community Health
  Worker Training and Certification Advisory Committee as required by
  Section 48.101, Health and Safety Code, as added by this Act; and
               (2)  adopt the rules required by Section 48.053, Health
  and Safety Code, as added by this Act.
         SECTION 6.  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 7.  This Act takes effect September 1, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2610 was passed by the House on May 6,
  2011, by the following vote:  Yeas 65, Nays 54, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2610 was passed by the Senate on May
  24, 2011, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor