88R411 BDP-F
 
  By: González of El Paso, Frank, Lozano, H.B. No. 140
      Noble, Harris of Williamson, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of certain co-navigation services to
  individuals 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.  CO-NAVIGATION SERVICES PROGRAM FOR
  INDIVIDUALS 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 by
  both tactile and visual means; and
                     (C)  protactile language.
               (2)  "Co-navigation services" means services provided
  to an individual who is deaf-blind that assist the individual to
  physically access the individual's environment and 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 individual who is
  deaf-blind. The term does not include performing any of the
  following for the individual:
                     (A)  providing personal care services to the
  individual;
                     (B)  completing ordinary errands for the
  individual;
                     (C)  making decisions for the individual;
                     (D)  teaching or otherwise instructing the
  individual; or
                     (E)  interpreting for the individual in a formal
  setting, including a medical, legal, or business setting.
               (3)  "Co-navigator" means a person who is specially
  trained to provide co-navigation services.
               (4)  "Program" means the deaf-blind co-navigation
  services program.
               (5)  "Protactile language" means a method of
  communication based on touch that is used by individuals who are
  deaf-blind.
         (b)  The commission shall operate a statewide co-navigation
  services program through which:
               (1)  co-navigation services are provided by
  co-navigators; and
               (2)  the commission reimburses the co-navigators for
  the provision of the services.
         (c)  The executive commissioner by rule shall establish
  reimbursement rates to be paid to a co-navigator under the program.
  The reimbursement rates must use a tiered wage scale that is based
  on the co-navigator's:
               (1)  level of training in communication modes for
  individuals who are deaf-blind and in sighted guide-mobility
  techniques; and
               (2)  fluency and skill in communication modes and
  sighted guide-mobility for individuals who are deaf-blind.
         (d)  The commission shall ensure that quality co-navigation
  services are provided under the program by:
               (1)  monitoring the compliance of co-navigators 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)  co-navigators under the program; and
                     (B)  individuals who are deaf-blind to enable
  those individuals 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 individuals 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 individuals served; and
               (2)  ensure that co-navigators receiving reimbursement
  under the program have adequate training to provide co-navigation
  services.
         SECTION 3.  Not later than September 1, 2024:
               (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, 2023.