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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the intellectual disabilities and |
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complex medical needs community support pilot program. |
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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 531.0997 to read as follows: |
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Sec. 531.0997. INTELLECTUAL DISABILITIES AND COMPLEX |
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MEDICAL NEEDS COMMUNITY SUPPORT PILOT PROGRAM; REPORT ON PROGRAM. |
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(a) In this section: |
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(1) "Adult with a disability" means an individual who: |
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(A) has an intelligence quotient of 69 or below; |
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or |
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(B) has an intelligence quotient of 75 or below |
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and: |
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(i) mild to severe deficits in adaptive |
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behavior; |
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(ii) a chronic or acute medical condition |
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that requires continuous or frequent medical intervention; and |
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(iii) a need for substantial assistance in |
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meeting daily living needs. |
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(2) "Group home" means a residential facility that |
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provides support services to not more than four individuals with a |
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disability. |
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(3) "Intentional community" means a voluntary |
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residential community that is designed to support a shared way of |
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life and may include a cooperative housing community. |
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(4) "Pilot program" means the intellectual |
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disabilities and complex medical needs community support pilot |
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program established under this section. |
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(b) The executive commissioner by rule shall develop and |
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implement a pilot program to award grants to nonprofit |
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organizations for the purpose of increasing community-based |
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housing options for adults who have a disability and complex |
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medical needs by providing housing in intentional communities or |
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group homes and community support. The program must be operated in |
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two regions of this state, as determined by the commission. |
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(c) An adult with a disability is eligible to receive |
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housing in an intentional community or group home operated by a |
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nonprofit organization under the pilot program if the individual: |
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(1) is a resident of this state; |
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(2) is at least 18 years of age; |
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(3) is a Medicaid recipient or is eligible to receive |
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Medicaid; |
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(4) is considered medically fragile, as defined by |
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commission rule; and |
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(5) meets any other eligibility criteria the |
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commission establishes. |
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(d) The commission shall award grants to eligible nonprofit |
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organizations that serve local intellectual and developmental |
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disability authorities according to commission rules. Grant money |
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awarded under the program may only be used by an organization to: |
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(1) provide housing and services to adults with a |
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disability; |
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(2) cover an organization's costs related to |
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participating in the program, including the: |
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(A) costs of the construction of a group home or a |
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residential home within an intentional community; |
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(B) costs of the renovation of a group home or a |
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residential home within an intentional community; |
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(C) costs of recruiting and training employees |
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to: |
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(i) operate a group home or residential |
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home within an intentional community; and |
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(ii) provide services to an adult with a |
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disability living in the home; and |
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(D) supplemental costs of health care services |
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provided by a licensed health care professional to an adult with a |
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disability living in a home; and |
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(3) to the extent allowed by federal law, provide |
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Medicaid reimbursement at a rate set by the executive commissioner |
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by rule for the recruitment and training of employees described by |
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Subdivision (2)(C) and health care services provided under the |
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pilot program. |
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(e) Not later than November 1, 2028, the commission shall: |
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(1) evaluate the effectiveness of the pilot program, |
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considering: |
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(A) the quality of the homes provided; |
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(B) the quality of accessibility; |
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(C) the number of adults with a disability served |
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by a nonprofit organization; |
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(D) the quality of care provided by the |
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organizations; |
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(E) whether the program is cost-effective; |
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(F) how the program is integrated into the |
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community; and |
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(G) the satisfaction of program participants; |
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and |
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(2) submit a written report providing an evaluation of |
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the pilot program and a recommendation regarding whether the |
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program should be continued, modified, or terminated to the |
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governor, the lieutenant governor, and the standing committees of |
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the senate and house of representatives having primary jurisdiction |
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over Medicaid. |
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(f) The pilot program terminates and this section expires |
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September 1, 2029. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Health and Human Services Commission shall adopt |
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rules necessary to implement Section 531.0997, Government Code, as |
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added by this Act. |
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SECTION 3. 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 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |