| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the provision of certain support services to persons |
|
|
who are deaf-blind. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 81.001, Human Resources Code, is amended |
|
|
by adding Subdivision (1) to read as follows: |
|
|
(1) "Commission" means the Health and Human Services |
|
|
Commission. |
|
|
SECTION 2. Chapter 81, Human Resources Code, is amended by |
|
|
adding Section 81.014 to read as follows: |
|
|
Sec. 81.014. SUPPORT SERVICES PROGRAM FOR PERSONS WHO ARE |
|
|
DEAF-BLIND. (a) In this section: |
|
|
(1) "Communication mode" includes communication |
|
|
through: |
|
|
(A) auditory amplification, such as through a |
|
|
personal hearing aid or assistive listening device; |
|
|
(B) American Sign Language or Signed English; and |
|
|
(C) tactile American Sign Language. |
|
|
(2) "Deaf-blind support services" means services |
|
|
provided to a person who is deaf-blind that assist the person with |
|
|
accessing the person's environment and allow the person to make |
|
|
informed decisions. The term includes providing visual and |
|
|
environmental information or sighted guide services and assisting |
|
|
with communication accessibility by communicating in the preferred |
|
|
language and communication mode of the person who is deaf-blind. |
|
|
The term does not include performing any of the following for the |
|
|
person: |
|
|
(A) providing personal care services to the |
|
|
person; |
|
|
(B) completing ordinary errands for the person; |
|
|
(C) making decisions for the person; |
|
|
(D) teaching or otherwise instructing the |
|
|
person; or |
|
|
(E) interpreting for the person in a formal |
|
|
setting, including a medical, legal, or business setting. |
|
|
(3) "Program" means the deaf-blind support services |
|
|
program. |
|
|
(4) "Provider of deaf-blind support services" means a |
|
|
person who is specially trained to provide deaf-blind support |
|
|
services. |
|
|
(b) The commission shall operate a statewide deaf-blind |
|
|
support services program through which: |
|
|
(1) deaf-blind support services are provided by |
|
|
providers of deaf-blind support services; and |
|
|
(2) the commission reimburses the providers for the |
|
|
provision of the services. |
|
|
(c) The executive commissioner by rule shall establish |
|
|
reimbursement rates to be paid to a provider of deaf-blind support |
|
|
services under the program. The reimbursement rates must use a |
|
|
tiered wage scale that is based on the provider's: |
|
|
(1) level of training in communication modes for |
|
|
persons who are deaf-blind and in sighted guide-mobility |
|
|
techniques; and |
|
|
(2) fluency in communication modes for persons who are |
|
|
deaf-blind. |
|
|
(d) The commission shall ensure that quality deaf-blind |
|
|
support services are provided under the program by: |
|
|
(1) monitoring the compliance of providers of |
|
|
deaf-blind support services with program rules; |
|
|
(2) developing funding sources for the program that |
|
|
are in addition to state sources and will reduce reliance on the |
|
|
state sources for continuation of the program; and |
|
|
(3) providing funding and technical assistance for |
|
|
training programs for: |
|
|
(A) providers of deaf-blind support services |
|
|
under the program; and |
|
|
(B) persons who are deaf-blind to enable those |
|
|
persons to effectively use the services offered under the program. |
|
|
(e) The executive commissioner may establish an advisory |
|
|
committee to advise the commission in developing and operating the |
|
|
program, including operating the program in a manner that ensures |
|
|
the efficient use of state money. Subject to Section 2110.002, |
|
|
Government Code, the executive commissioner shall determine the |
|
|
number of members serving on the advisory committee, which must |
|
|
include persons who are deaf-blind and other stakeholders. |
|
|
(f) The executive commissioner may adopt rules necessary |
|
|
to: |
|
|
(1) operate the program in a manner that is efficient |
|
|
and maximizes the number of persons served; and |
|
|
(2) ensure that providers of deaf-blind support |
|
|
services receiving reimbursement under the program have adequate |
|
|
training to provide those services. |
|
|
SECTION 3. Not later than September 1, 2020: |
|
|
(1) the executive commissioner of the Health and Human |
|
|
Services Commission shall adopt rules necessary to implement |
|
|
Section 81.014, Human Resources Code, as added by this Act; and |
|
|
(2) the commission shall begin operating the program |
|
|
required by that section. |
|
|
SECTION 4. This Act takes effect September 1, 2019. |