AN ACT 1-1 relating to the establishment of a program in which vouchers are 1-2 used for payment of certain services provided to persons with 1-3 disabilities. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter B, Chapter 531, Government Code, is 1-6 amended by adding Sections 531.051 and 531.052 to read as follows: 1-7 Sec. 531.051. VOUCHER PROGRAM FOR PAYMENT OF CERTAIN 1-8 SERVICES FOR PERSONS WITH DISABILITIES. (a) In this section: 1-9 (1) "Consumer" means a person who receives services 1-10 under the program established by the commission under this section. 1-11 (2) "Personal assistance services" and "respite 1-12 services" have the meanings assigned by Section 142.001, Health and 1-13 Safety Code. 1-14 (b) The commission shall develop and oversee the 1-15 implementation of a program in which the use of vouchers is 1-16 established as a payment option for the delivery of certain 1-17 state-funded and Medicaid-funded services to persons with 1-18 disabilities. 1-19 (c) In adopting rules for the voucher payment program, the 1-20 commission shall: 1-21 (1) ensure that the program includes the: 1-22 (A) delivery to persons with disabilities of 1-23 personal assistance services, respite services, supported 1-24 employment services, and other services that the commission with 2-1 assistance from the work group established under Section 531.052, 2-2 determines are appropriate and applicable and may be provided with 2-3 available funding; and 2-4 (B) provision of durable medical equipment and 2-5 assistive technology to persons with disabilities to the extent 2-6 funds are available for that purpose; 2-7 (2) work in conjunction with the comptroller and 2-8 appropriate health and human services agencies to develop the 2-9 program; 2-10 (3) design the program in a manner in which, for 2-11 certain programs considered appropriate by the commission, with 2-12 assistance from the work group established under Section 531.052, a 2-13 private entity or local governmental entity applies with and is 2-14 approved by the Internal Revenue Service to act as the agent for a 2-15 consumer for the limited purpose of: 2-16 (A) computing federal and state employment 2-17 taxes; 2-18 (B) preparing and filing income tax forms and 2-19 reports; and 2-20 (C) distributing money to a service provider 2-21 after a deduction for employment taxes; 2-22 (4) ensure that the program is designed to comply with 2-23 federal and state tax laws; 2-24 (5) ensure that a consumer is the employer of and 2-25 retains control over the selection, management, and dismissal of an 2-26 individual providing health care services covered by the program; 3-1 (6) establish a system to ensure that a potential 3-2 consumer has adequate and appropriate information, including the 3-3 responsibilities of a consumer under each payment option, to make 3-4 an informed choice among the payment options; 3-5 (7) require each consumer to sign a statement 3-6 acknowledging receipt of the information required by Subdivision 3-7 (6); 3-8 (8) develop a system to monitor the program to ensure: 3-9 (A) adherence to existing applicable program 3-10 standards; 3-11 (B) appropriate use of funds; and 3-12 (C) consumer satisfaction with the delivery of 3-13 services; 3-14 (9) ensure that a consumer may contract with a service 3-15 provider acting as the consumer's agent under Subdivision (3) to 3-16 obtain any necessary services, including services not being 3-17 provided to the consumer under the program; and 3-18 (10) work in conjunction with the work group 3-19 established under Section 531.052 to set a timetable to implement 3-20 and complete the program. 3-21 (d) The voucher payment program developed under this section 3-22 may be implemented only in appropriate programs of the Texas 3-23 Department of Human Services, the Texas Department of Mental Health 3-24 and Mental Retardation, the Texas Rehabilitation Commission, and 3-25 the Texas Department of Health. 3-26 (e) Each health and human services agency in which the 4-1 voucher payment program is implemented and the comptroller shall 4-2 provide information to the commission as necessary to facilitate 4-3 the development and implementation of the program. 4-4 Sec. 531.052. VOUCHER PAYMENT PROGRAM WORK GROUP. (a) A 4-5 work group is created to assist the commission in developing and 4-6 implementing the voucher payment program under Section 531.051. 4-7 (b) The work group is composed of: 4-8 (1) representatives of the commission, appointed by 4-9 the commissioner; 4-10 (2) representatives of the Texas Department of Human 4-11 Services, appointed by the commissioner of that agency; 4-12 (3) representatives of the Texas Department of Mental 4-13 Health and Mental Retardation, appointed by the commissioner of 4-14 that agency; 4-15 (4) representatives of the Texas Department of Health, 4-16 appointed by the commissioner of that agency; 4-17 (5) representatives of the Texas Rehabilitation 4-18 Commission, appointed by the commissioner of that agency; 4-19 (6) consumers of services provided under the voucher 4-20 payment pilot project under Section 22.0325, Human Resources Code, 4-21 jointly appointed by the commissioner and the commissioner of the 4-22 Texas Department of Human Services; 4-23 (7) persons with disabilities, including persons with 4-24 mental illness and persons with mental retardation, who are 4-25 consumers or potential consumers of services provided under the 4-26 voucher payment program, appointed by the commissioner; 5-1 (8) advocates for persons with disabilities, including 5-2 persons with mental illness and persons with mental retardation, 5-3 appointed by the commissioner; and 5-4 (9) providers of services to be provided under the 5-5 voucher payment program, appointed by the commissioner. 5-6 (c) A majority of the members of the work group must be 5-7 composed of consumers, advocates, or providers described by 5-8 Subsection (b). 5-9 (d) A member of the work group serves at the will of the 5-10 appointing agency and receives no additional compensation for 5-11 serving on the work group. 5-12 (e) The commissioner shall appoint a member of the work 5-13 group to serve as presiding officer, and members of the work group 5-14 shall elect any other necessary officers. The work group shall 5-15 meet at the call of the presiding officer. 5-16 (f) The work group is not subject to Chapter 2110. 5-17 (g) This section expires September 1, 2003. 5-18 SECTION 2. As soon as practicable after the effective date 5-19 of this Act, the Health and Human Services Commission shall develop 5-20 outcome measures to determine the cost-effectiveness of the voucher 5-21 payment program required by Section 531.051, Government Code, as 5-22 added by this Act. The commission shall submit to the legislature 5-23 a report on its findings and recommendations not later than 5-24 September 1, 2002. 5-25 SECTION 3. If before implementing Section 531.051, 5-26 Government Code, as added by this Act, the Health and Human 6-1 Services Commission or another state agency determines that a 6-2 waiver or authorization from a federal agency is necessary for 6-3 implementation, the commission or other state agency shall request 6-4 the waiver or authorization, and may delay implementing that 6-5 provision until the waiver or authorization is granted. 6-6 SECTION 4. The importance of this legislation and the 6-7 crowded condition of the calendars in both houses create an 6-8 emergency and an imperative public necessity that the 6-9 constitutional rule requiring bills to be read on three several 6-10 days in each house be suspended, and this rule is hereby suspended, 6-11 and that this Act take effect and be in force from and after its 6-12 passage, and it is so enacted. _______________________________ _______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1586 passed the Senate on May 3, 1999, by the following vote: Yeas 30, Nays 0. _______________________________ Secretary of the Senate I hereby certify that S.B. No. 1586 passed the House on May 25, 1999, by the following vote: Yeas 145, Nays 0, two present not voting. _______________________________ Chief Clerk of the House Approved: _______________________________ Date _______________________________ Governor