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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain co-navigation services to |
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individuals who are deaf-blind. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.001, Human Resources Code, is amended |
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by adding Subdivision (1) to read as follows: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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SECTION 2. Chapter 81, Human Resources Code, is amended by |
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adding Section 81.014 to read as follows: |
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Sec. 81.014. CO-NAVIGATION SERVICES PROGRAM FOR |
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INDIVIDUALS WHO ARE DEAF-BLIND. (a) In this section: |
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(1) "Communication mode" includes communication |
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through: |
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(A) auditory amplification, such as through a |
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personal hearing aid or assistive listening device; |
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(B) American Sign Language or Signed English by |
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both tactile and visual means; and |
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(C) protactile language. |
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(2) "Co-navigation services" means services provided |
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to an individual who is deaf-blind that assist the individual to |
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physically access the individual's environment and to make informed |
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decisions. The term includes providing visual and environmental |
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information or sighted guide services and assisting with |
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communication accessibility by communicating in the preferred |
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language and communication mode of the individual who is |
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deaf-blind. The term does not include performing any of the |
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following for the individual: |
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(A) providing personal care services to the |
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individual; |
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(B) completing ordinary errands for the |
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individual; |
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(C) making decisions for the individual; |
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(D) teaching or otherwise instructing the |
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individual; or |
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(E) interpreting for the individual in a formal |
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setting, including a medical, legal, or business setting. |
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(3) "Co-navigator" means a person who is specially |
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trained to provide co-navigation services. |
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(4) "Program" means the deaf-blind co-navigation |
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services program. |
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(5) "Protactile language" means a method of |
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communication based on touch that is used by individuals who are |
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deaf-blind. |
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(b) The commission shall operate a statewide co-navigation |
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services program through which: |
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(1) co-navigation services are provided by |
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co-navigators; and |
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(2) the commission reimburses the co-navigators for |
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the provision of the services. |
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(c) The executive commissioner by rule shall establish |
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reimbursement rates to be paid to a co-navigator under the program. |
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The reimbursement rates must use a tiered wage scale that is based |
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on the co-navigator's: |
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(1) level of training in communication modes for |
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individuals who are deaf-blind and in sighted guide-mobility |
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techniques; and |
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(2) fluency and skill in communication modes and |
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sighted guide-mobility for individuals who are deaf-blind. |
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(d) The commission shall ensure that quality co-navigation |
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services are provided under the program by: |
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(1) monitoring the compliance of co-navigators with |
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program rules; |
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(2) developing funding sources for the program that |
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are in addition to state sources and will reduce reliance on the |
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state sources for continuation of the program; and |
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(3) providing funding and technical assistance for |
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training programs for: |
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(A) co-navigators under the program; and |
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(B) individuals who are deaf-blind to enable |
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those individuals to effectively use the services offered under the |
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program. |
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(e) The executive commissioner may establish an advisory |
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committee to advise the commission in developing and operating the |
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program, including operating the program in a manner that ensures |
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the efficient use of state money. Subject to Section 2110.002, |
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Government Code, the executive commissioner shall determine the |
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number of members serving on the advisory committee, which must |
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include individuals who are deaf-blind and other stakeholders. |
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(f) The executive commissioner may adopt rules necessary |
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to: |
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(1) operate the program in a manner that is efficient |
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and maximizes the number of individuals served; and |
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(2) ensure that co-navigators receiving reimbursement |
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under the program have adequate training to provide co-navigation |
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services. |
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SECTION 3. Not later than September 1, 2024: |
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(1) the executive commissioner of the Health and Human |
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Services Commission shall adopt rules necessary to implement |
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Section 81.014, Human Resources Code, as added by this Act; and |
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(2) the commission shall begin operating the program |
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required by that section. |
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SECTION 4. This Act takes effect September 1, 2023. |