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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification of day habilitation services |
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providers for individuals with intellectual disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The purpose of this Act is to ensure that day |
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habilitation services providers provide high-quality services. |
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SECTION 2. Chapter 161, Human Resources Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. DAY HABILITATION SERVICES PROVIDERS |
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Sec. 161.401. DEFINITIONS. In this subchapter: |
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(1) "Active treatment" means a continuous, |
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aggressive, consistent implementation of a program of |
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habilitation, including specialized and generic training, |
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treatment, health services, and related services. Active treatment |
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does not include services to maintain generally independent |
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individuals who are able to function with little supervision or in |
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the absence of a continuous active treatment program. |
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(2) "Client" means a person receiving services from a |
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waiver provider or a facility. |
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(3) "Day habilitation services" means an active |
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treatment provided by a waiver provider on a regularly scheduled |
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basis primarily to individuals with an intellectual disability or a |
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related condition. |
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(4) "Day habilitation services site" means a location |
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at which a waiver provider provides day habilitation services. |
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(5) "Facility" means an intermediate care facility for |
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individuals with an intellectual disability or a related condition |
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that is licensed under Chapter 252, Health and Safety Code, or that |
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is operated by or contracts with the department. |
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(6) "Intellectual disability" has the meaning |
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assigned by Section 591.003, Health and Safety Code. |
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(7) "Related condition" means a severe and chronic |
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disability that: |
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(A) is attributed to: |
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(i) cerebral palsy or epilepsy; or |
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(ii) any other condition, other than mental |
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illness, found to be closely related to intellectual disability |
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because the condition results in impairment of general intellectual |
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functioning or adaptive behavior similar to that of individuals |
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with intellectual disability, and requires treatment or services |
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similar to those required for individuals with intellectual |
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disability; |
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(B) is manifested before the individual reaches |
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22 years of age; |
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(C) is likely to continue indefinitely; and |
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(D) results in substantial functional limitation |
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in at least three of the following areas of major life activity: |
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(i) self-care; |
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(ii) understanding and use of language; |
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(iii) learning; |
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(iv) mobility; |
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(v) self-direction; and |
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(vi) capacity for independent living. |
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(8) "Waiver provider" means a person who contracts |
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with the department to provide federally funded Medicaid day |
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habilitation services authorized under Section 1915(c) of the |
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federal Social Security Act (42 U.S.C. Section 1396n(c)). |
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Sec. 161.402. DEPARTMENT DUTIES. The department shall |
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adopt rules for implementing this subchapter and set standards for: |
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(1) the health and welfare of clients receiving day |
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habilitation services; |
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(2) the quality of day habilitation services provided |
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by a waiver provider; |
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(3) the adequate supervision of clients receiving day |
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habilitation services; |
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(4) the qualifications of waiver provider staff |
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providing day habilitation services; and |
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(5) the requirements to be a day habilitation services |
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site. |
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Sec. 161.403. CERTIFICATION REQUIRED FOR WAIVER PROVIDERS. |
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(a) The department may not pay a waiver provider for day |
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habilitation services unless the waiver provider is: |
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(1) certified by the department as a day habilitation |
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services provider under this subchapter; or |
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(2) licensed by the department as an adult day-care |
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facility under Chapter 103. |
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(b) A facility may not contract with a waiver provider to |
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provide day habilitation services unless the waiver provider is: |
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(1) certified by the department as a day habilitation |
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services provider under this subchapter; or |
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(2) licensed by the department as an adult day-care |
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facility under Chapter 103. |
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Sec. 161.404. CERTIFICATION REQUIREMENTS. (a) The |
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department shall certify a waiver provider who meets the |
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requirements prescribed by this subchapter as a day habilitation |
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services provider. |
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(b) A waiver provider must obtain a separate certification |
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for each day habilitation services site. |
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(c) A certification expires on the second anniversary of the |
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date of issuance. |
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(d) The department shall adopt rules for procedures and |
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standards for certification of day habilitation services |
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providers. |
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Sec. 161.405. CERTIFICATION APPLICATION. (a) An applicant |
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for certification as a day habilitation services provider must file |
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an application on a form prescribed by the department together with |
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a certification fee of $50. |
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(b) The applicant must provide evidence of the ability to |
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comply with the requirements of the department. |
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(c) A waiver provider who is certified as a day habilitation |
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services provider under this subchapter must file an application |
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for renewal certification not later than the 60th day before the |
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expiration date of the certification on a form prescribed by the |
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department together with a renewal fee of $50. |
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(d) An applicant for certification renewal who submits an |
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application later than the 60th day before the expiration date of |
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the certification is subject to a late fee in accordance with |
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department rules. |
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Sec. 161.406. REVIEWS AND COMPLAINTS. (a) The department |
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may enter the premises of a day habilitation services site at |
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reasonable times to conduct a review necessary to certify a waiver |
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provider, renew a certification, or address a complaint, or to |
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follow up on the death of a client or the observations, findings, or |
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recommendations of the Department of Family and Protective Services |
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resulting from an allegation of abuse, neglect, or exploitation. |
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(b) Any person may file with the department a complaint |
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about a day habilitation services provider or a day habilitation |
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services site, including a complaint relating to an alleged |
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violation of a certification requirement. The department shall |
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address the complaint and determine actions necessary to resolve |
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the complaint. |
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Sec. 161.407. CERTIFICATION DENIAL, SUSPENSION, OR |
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REVOCATION. (a) The department may deny, suspend, or revoke the |
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certification of an applicant or holder of a certification who |
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fails to comply with the rules or standards for certification |
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required by this subchapter or adopted by the department. |
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(b) The denial, suspension, or revocation of a |
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certification and the appeal from that action are governed by the |
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procedures for a contested case hearing under Chapter 2001, |
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Government Code. |
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Sec. 161.408. DISPOSITION OF FUNDS. All money collected |
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under this subchapter shall be deposited to the credit of a special |
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account in the general revenue fund and may be appropriated only to |
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the department for the purpose of administering this subchapter, |
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including conducting reviews under Section 161.406. |
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SECTION 3. Section 253.001(4), Health and Safety Code, is |
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amended to read as follows: |
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(4) "Facility" means: |
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(A) a facility: |
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(i) licensed by the department; [or] |
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(ii) licensed under Chapter 252; or |
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(iii) that is a day habilitation services |
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site of a day habilitation services provider certified under |
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Subchapter J, Chapter 161, Human Resources Code; |
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(B) an adult foster care provider that contracts |
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with the department; or |
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(C) a home and community support services agency |
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licensed by the department under Chapter 142. |
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SECTION 4. (a) Not later than June 1, 2015, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt the rules required by Subchapter J, Chapter 161, Human |
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Resources Code, as added by this Act. |
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(b) A day habilitation services provider that is subject to |
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Subchapter J, Chapter 161, Human Resources Code, as added by this |
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Act, is not required to be certified by the Department of Aging and |
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Disability Services as required by that subchapter until July 1, |
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2015. |
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SECTION 5. This Act takes effect September 1, 2014. |