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