85R15355 TYPED

By: Klick H.B. No. 4096

A BILL TO BE ENTITLED

AN ACT

relating to improving the care of, and increasing opportunities for, children and adolescents with physical and developmental disabilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 54 Education Code, is amended by adding Section 54.9031

Sec. 54.9031 INCREASED OUTREACH REGARDING TEXAS ABLE PROGRAM. (a) In administering this section, the board shall engage in outreach efforts to inform and educate individuals eligible for an ABLE account, including families of eligible children.

(b) As part of this effort the board shall ensure that information regarding ABLE accounts is provided to state agencies serving individuals with physical and developmental disabilities who may be eligible for an ABLE account. The board shall also ensure that managed care organizations providing benefits and services under the medical assistance program and the Children's Health Insurance Program (CHIP) to individuals eligible for ABLE accounts are furnished information to provide to eligible enrollees.

SECTION 2. Subchapter A, Chapter 531, Government Code, Section 531.02445 is amended by adding subsection (C)to read as follows:

Sec. 531.02445. TRANSITION SERVICES FOR YOUTH WITH DISABILITIES. (a) The executive commissioner shall monitor programs and services offered through health and human services agencies designed to assist youth with disabilities to transition from school-oriented living to post-schooling activities, services for adults, or community living.

(b) In monitoring the programs and services, the executive commissioner shall:

(1) consider whether the programs or services result in positive outcomes in the employment, community integration, health, and quality of life of individuals with disabilities; and

(2) collect information regarding the outcomes of the transition process as necessary to assess the programs and services.

(c) In reviewing available services and programs for these individuals, the executive commissioner shall consider whether any opportunities exist to partner with the Texas Education Agency or other applicable agencies to offer training I specialized skills for school-age children with disabilities to help promote independence.

SECTION 3. Subchapter A, Chapter 531 Government, Section 531.0245 is amended by adding subsection (c) to read as follows:

Sec. 531.0245. PERMANENCY PLANNING FOR CERTAIN CHILDREN.

(a) The commission and each appropriate health and human services agency shall develop procedures to ensure that permanency planning is provided for each child residing in an institution in this state on a temporary or long-term basis or for whom institutional care is sought.

(b) In this section:

(1) "Institution" has the meaning assigned by Section 242.002, Health and Safety Code.

(2) "Permanency planning" has the meaning assigned by Section 531.151.

(c) The commission shall take into consideration the educational needs of each child in developing the permanency plans required by this section, and how those needs may be met both on an immediate and long-term basis.

SECTION 4. Subchapter A, Chapter 531 Government Code, Section 531.02491 is amended to read as follows:

Sec. 531.02491. JOINT TRAINING FOR CERTAIN CASEWORKERS. (a) The executive commissioner shall provide for joint training for health and human services caseworkers whose clients are children, including caseworkers employed by:

(1) the commission;

(2) the Department of Aging and Disability Services;

(3) the Department of State Health Services;

(4) the Department of Family and Protective Services;

(5) a Medicaid managed care organization providing services under the STAR Kids Program;

(4) (6) a local mental health authority; and

(5) (7) a local intellectual and developmental disability authority.

(b) Training provided under this section must be designed to increase a caseworker's knowledge and awareness of the services available to children at each health and human services agency or local mental health or intellectual and developmental disability authority, including long-term care programs and services available under a Section 1915(c) waiver program, and the Texas ABLE Program.

SECTION 5. Subchapter A, Chapter 531 Government Code, amended by adding Section 531.02493 to read as follows:

Sec. 531.02493. DELIVERY OF HEALTH AND HUMAN SERVICES AND OTHER SUPPORT SERVICES TO SCHOOL-AGE TEXANS WITH DISABILITIES.

(b) The commission, in conjunction with the Texas Education Agency, shall electronically publish on the commission's Internet website a biennial report and, on or before the date the report is due, shall notify the governor, the lieutenant governor, the speaker of the house of representatives, the comptroller, the Legislative Budget Board, the Texas Education Agency, and the appropriate legislative committees that the report is available on the commission's Internet website. The report must address the efforts of the health and human services agencies and the Texas Education Agency to provide health and human services and support services to school-age children with physical and developmental disabilities. The report may contain recommendations by the commission and the Texas Education Agency to better coordinate state agency programs relating to the delivery of services to these children and may propose joint agency collaborative programs. This information may be combined with the report required by Sec. 531.02492 or other relevant reporting requirements.

SECTION 6. Subchapter A, Chapter 531 Government Code, is amended by addition Section 531.095 to read as follows:

Sec. 531.095. OPPORTUNITY SAVINGS ACCOUNTS FOR CHILDREN WITH DISABILITIES. (a) The commission shall study the establishment of an Opportunity Savings Account for children with disabilities enrolled in the medical assistance program and the Children's Health Insurance Program (CHIP) to be used promote support and independence of these children.

(b) In conducting this study the commission shall review:

(1) eligibility standards and allowable expenses under the Texas ABLE Program;

(2) the estimated number of enrollees in medical assistance and Children's Health Insurance Program who will be eligible for the Texas ABLE Program;

(3) the extent to which Health Savings Accounts would be beneficial to children with disabilities;

(4) any additional savings programs that are available to, and could benefit, children with disabilities;

(5) whether opportunity exists to establish an Opportunity Savings Program specifically for children described by Sec. 531.095(a).

(c) If the commission finds that additional needs exist beyond what are covered, or that a significant number of children described in Sec. 531,095(a) are not eligible for existing programs, the Commission shall pursue establishment of an Opportunity Savings Account program, to be administered by the commission, for the purpose of promoting the health, wellness, and independence of children with disabilities.

SECTION 7. Subchapter A, Chapter 533 Government Code, is amended by adding Section 533.00253 is amended by adding Subsection (g) to read as follows:

(g) Managed care organizations providing services in this program must inform and, to the extent feasible, assist families in pursuing savings programs designed to support and further independence for children with disabilities. Programs include, but are not limited to, health savings accounts, the Texas ABLE Program, and the Texas Tomorrow Fund.

SECTION 8. The commission shall finalize the report required by Sec. 531.095 no later than September 1, 2018, and provide a copy to the governor, lt. governor, speaker, and standing legislative committees with jurisdiction over these matters.

SECTION 9. Not later than January 1, 2018, the executive commissioner of the Health and Human Services Commission shall adopt necessary rules, guidelines, or contract provisions or amend existing rules, guidelines, or contract provisions as necessary to comply with the requirements as added by this Act.

SECTION 10. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2017.