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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a peer support program for |
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residents of state supported living centers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 555, Health and Safety Code, is amended |
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by adding Subchapter F to read as follows: |
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SUBCHAPTER F. PEER SUPPORT PROGRAM |
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Sec. 555.201. PEER SUPPORT PROGRAM ESTABLISHED. (a) The |
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office shall develop and implement in each state supported living |
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center a peer support program under which a state supported living |
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center provides peer support services as an institutional benefit |
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to residents. The program's peer support services must be designed |
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to: |
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(1) make residents more aware of the restrictions |
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limiting their control over their lives; |
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(2) encourage a renewed effort by the state supported |
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living center to provide education to residents and families of |
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residents regarding a resident's basic rights and the application |
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of those rights to a person-centered life; |
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(3) increase the accountability of the state supported |
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living center's staff; and |
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(4) help protect residents' rights. |
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(b) In developing and implementing the peer support |
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program, the office may collaborate with the Office of Consumer |
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Rights and Services of the Department of Aging and Disability |
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Services, or its successor agency, and appropriate state protection |
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and advocacy agencies. |
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Sec. 555.202. PEER SUPPORT SPECIALISTS. (a) A peer support |
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program must establish peer support specialists to provide |
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supportive services to residents. |
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(b) An individual is eligible to serve as a peer support |
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specialist only if the individual: |
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(1) has been diagnosed with an intellectual or |
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developmental disability; |
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(2) was a resident of a state supported living center |
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before serving as a peer support specialist; |
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(3) lives independently in the community during the |
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time the individual serves as a peer support specialist; and |
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(4) is knowledgeable regarding resident rights. |
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(c) A peer support specialist shall assist a resident to |
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achieve the resident's goals for independence by helping the |
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resident: |
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(1) develop a specific action plan; |
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(2) access available resources; and |
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(3) understand the resident's rights on a state |
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supported living center campus. |
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Sec. 555.203. PEER SUPPORT SPECIALIST COACHING SERVICES. |
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The office shall provide coaching services to peer support |
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specialists, including: |
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(1) emotional assistance; |
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(2) informational assistance; |
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(3) assistance developing specific action plans; and |
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(4) assistance identifying available resources. |
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Sec. 555.204. INITIAL ESTABLISHMENT AND EXPANSION. (a) The |
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office shall establish a peer support program in three state |
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supported living centers as soon as practicable. |
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(b) The office shall establish a peer support program in |
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each state supported living center in the state not later than |
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September 1, 2021. |
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SECTION 2. Section 555.059(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The independent ombudsman shall: |
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(1) evaluate the process by which a center |
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investigates, reviews, and reports an injury to a resident or |
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client or an unusual incident; |
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(2) evaluate the delivery of services to residents and |
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clients to ensure that the rights of residents and clients are fully |
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observed, including ensuring that each center conducts sufficient |
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unannounced patrols; |
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(3) immediately refer a complaint alleging the abuse, |
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neglect, or exploitation of a resident or client to the Department |
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of Family and Protective Services; |
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(4) refer a complaint alleging employee misconduct |
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that does not involve abuse, neglect, or exploitation or a possible |
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violation of an ICF-IID standard or condition of participation to |
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the regulatory services division of the department; |
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(5) refer a complaint alleging a criminal offense, |
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other than an allegation of abuse, neglect, or exploitation of a |
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resident or client, to the inspector general; |
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(6) conduct investigations of complaints, other than |
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complaints alleging criminal offenses or the abuse, neglect, or |
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exploitation of a resident or client, if the office determines |
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that: |
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(A) a resident or client or the resident's or |
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client's family may be in need of assistance from the office; or |
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(B) a complaint raises the possibility of a |
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systemic issue in the center's provision of services; |
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(7) conduct biennial on-site audits at each center of: |
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(A) the ratio of direct care employees to |
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residents; |
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(B) the provision and adequacy of training to: |
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(i) center employees; and |
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(ii) direct care employees; and |
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(C) if the center serves alleged offender |
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residents, the provision of specialized training to direct care |
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employees; |
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(8) conduct an annual audit of each center's policies, |
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practices, and procedures to ensure that each resident and client |
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is encouraged to exercise the resident's or client's rights, |
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including: |
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(A) the right to file a complaint; and |
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(B) the right to due process; |
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(9) prepare and deliver an annual report regarding the |
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findings of each audit to the: |
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(A) executive commissioner; |
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(B) commissioner; |
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(C) Aging and Disability Services Council; |
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(D) governor; |
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(E) lieutenant governor; |
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(F) speaker of the house of representatives; |
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(G) standing committees of the senate and house |
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of representatives with primary jurisdiction over state supported |
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living centers; and |
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(H) state auditor; |
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(10) require a center to provide access to all |
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records, data, and other information under the control of the |
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center that the independent ombudsman determines is necessary to |
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investigate a complaint or to conduct an audit under this section; |
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(11) review all final reports produced by the |
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Department of Family and Protective Services, the regulatory |
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services division of the department, and the inspector general |
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regarding a complaint referred by the independent ombudsman; |
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(12) provide assistance to a resident, client, |
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authorized representative of a resident or client, or family member |
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of a resident or client who the independent ombudsman determines is |
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in need of assistance, including advocating with an agency, |
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provider, or other person in the best interests of the resident or |
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client; |
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(13) make appropriate referrals under any of the |
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duties and powers listed in this subsection; [and] |
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(14) monitor and evaluate the department's actions |
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relating to any problem identified or recommendation included in a |
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report received from the Department of Family and Protective |
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Services relating to an investigation of alleged abuse, neglect, or |
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exploitation of a resident or client; and |
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(15) develop and implement peer support programs under |
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Subchapter F. |
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SECTION 3. This Act takes effect September 1, 2017. |