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A BILL TO BE ENTITLED
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AN ACT
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relating to peer specialists for and the provision of peer services |
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to individuals with an intellectual or developmental disability, |
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including the provision of those services under Medicaid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 531, Government Code, is |
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amended by adding Section 531.09995 to read as follows: |
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Sec. 531.09995. PEER SPECIALISTS AND PEER SERVICES FOR |
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INDIVIDUALS WITH AN INTELLECTUAL OR DEVELOPMENTAL DISABILITY. (a) |
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With input from intellectual and developmental disability peer |
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specialists and the work group described by Subsection (b), the |
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commission shall develop and the executive commissioner shall |
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adopt: |
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(1) rules that establish training requirements for |
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peer specialists so that they are able to provide services to |
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individuals with an intellectual or developmental disability; |
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(2) rules that establish certification and |
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supervision requirements for intellectual and developmental |
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disability peer specialists; |
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(3) rules that define the scope of services that |
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intellectual and developmental disability peer specialists may |
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provide; |
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(4) rules that distinguish peer services for |
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individuals with an intellectual or developmental disability from |
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other services that a person must hold a license to provide; and |
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(5) any other rules necessary to protect the health |
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and safety of individuals receiving peer services. |
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(b) The commission shall establish a stakeholder work group |
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to provide input for the adoption of rules under Subsection (a). |
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The work group is composed of the following stakeholders appointed |
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by the executive commissioner: |
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(1) one representative of each organization that |
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certifies intellectual and developmental disability peer |
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specialists in this state; |
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(2) three representatives of organizations that |
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employ intellectual and developmental disability peer specialists; |
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(3) one intellectual and developmental disability |
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peer specialist who works in an urban area; |
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(4) one intellectual and developmental disability |
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peer specialist who works in a rural area; |
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(5) one individual who trains intellectual and |
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developmental disability peer specialists; |
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(6) three representatives of licensed health care |
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professional groups who supervise intellectual and developmental |
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disability peer specialists; |
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(7) not more than three individuals with personal |
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experience living with an intellectual or developmental |
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disability; and |
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(8) any other individuals considered appropriate by |
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the executive commissioner. |
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(c) The executive commissioner shall appoint one member of |
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the work group to serve as presiding officer. |
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(d) The work group shall meet once every month. |
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(e) The work group is automatically abolished on the |
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adoption of rules under Subsection (a). |
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(f) An intellectual and developmental disability peer |
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specialist who seeks Medicaid reimbursement for peer services may |
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not: |
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(1) provide peer services to an individual with an |
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intellectual or developmental disability who resides in a state |
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supported living center unless a guardian of the individual is |
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present at the time the services are provided; or |
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(2) recommend to or advocate for an individual with an |
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intellectual or developmental disability who resides in a state |
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supported living center to leave or move out of the center. |
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SECTION 2. Section 32.024(kk), Human Resources Code, as |
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added by Chapter 1015 (H.B. 1486), Acts of the 85th Legislature, |
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Regular Session, 2017, is reenacted and amended to read as follows: |
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(kk) The commission in its rules and standards governing the |
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scope of services provided under the medical assistance program |
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shall include peer services provided by certified peer specialists, |
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including peer services provided to individuals with an |
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intellectual or developmental disability, to the extent permitted |
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by federal law. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall: |
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(1) adopt the rules required by Section 531.09995(a), |
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Government Code, as added by this Act; and |
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(2) appoint the members of the stakeholder work group |
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established by Section 531.09995(b), Government Code, as added by |
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this Act. |
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SECTION 4. 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 5. This Act takes effect September 1, 2021. |