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A BILL TO BE ENTITLED
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AN ACT
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relating to reestablishing the in-home and family support program. |
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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 T to read as follows: |
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SUBCHAPTER T. IN-HOME AND FAMILY SUPPORT PROGRAM |
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Sec. 531.801. DEFINITIONS. In this subchapter: |
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(1) "Disability" means a physical impairment that: |
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(A) is likely to continue indefinitely; |
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(B) results in substantial functional |
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limitations in one or more of the following areas of major life |
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activity as determined under the disabilities screening |
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instrument: |
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(i) self-care; |
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(ii) receptive and expressive language; |
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(iii) learning; |
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(iv) mobility; |
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(v) self-direction; or |
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(vi) capacity for independent living; and |
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(C) is likely to require treatment or services |
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that are lifelong or of extended duration. |
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(2) "Program" means the in-home and family support |
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program established under this subchapter. |
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Sec. 531.802. IN-HOME AND FAMILY SUPPORT PROGRAM. The |
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executive commissioner by rule shall establish the in-home and |
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family support program to provide benefits to an individual with a |
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disability that allows the individual or the legal guardian of the |
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individual to purchase items that enable the individual to reside |
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in a community-based setting. The program must be designed in |
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substantially the same manner as the in-home and family support |
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program formerly administered by the former Department of Aging and |
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Disability Services under 40 T.A.C. Chapter 48, Subchapter F. |
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SECTION 2. 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 3. This Act takes effect September 1, 2019. |