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AN ACT
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relating to the creation of the lifespan respite services program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Human Resources Code, is amended by |
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adding Subchapter F to read as follows: |
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SUBCHAPTER F. LIFESPAN RESPITE SERVICES PROGRAM |
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Sec. 161.151. DEFINITIONS. In this subchapter: |
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(1) "Chronic serious health condition" means a health |
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condition that: |
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(A) requires periodic treatment by a health care |
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provider, including a nurse as authorized by Chapter 301, |
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Occupations Code, or a physician assistant as authorized by Chapter |
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204, Occupations Code; and |
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(B) continues over an extended period, including |
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recurring episodes of a single underlying health condition such as |
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asthma, diabetes, epilepsy, or multiple sclerosis. |
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(2) "Respite services" means support services, |
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including in-home services or adult day-care services, that are |
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provided for the purpose of temporarily giving relief to a primary |
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caregiver who provides care to an individual with a chronic serious |
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health condition or disability. |
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(3) "Respite services coordinator" means a |
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community-based organization or local governmental entity with |
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which the department enters into a contract to facilitate access to |
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respite services under Section 161.154. |
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Sec. 161.152. LIFESPAN RESPITE SERVICES PROGRAM. The |
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department shall implement the lifespan respite services program to |
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promote the provision of respite services through contracts with |
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eligible community-based organizations or local governmental |
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entities. |
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Sec. 161.153. ELIGIBILITY. (a) A person is eligible to |
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participate in the program if the person: |
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(1) is the primary caregiver for a person who: |
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(A) is related to the caregiver within the second |
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degree of consanguinity or affinity; |
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(B) has a chronic serious health condition or |
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disability; |
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(C) requires assistance with one or more |
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activities of daily living; and |
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(D) is not eligible for or not able to |
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participate in any other existing program that provides respite |
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services; and |
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(2) meets criteria specified in rules adopted by the |
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executive commissioner. |
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(b) The executive commissioner may not specify criteria |
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that limit a person's eligibility based on the type of chronic |
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serious health condition or disability of the person receiving |
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care. |
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Sec. 161.154. RESPITE SERVICES CONTRACTS. (a) The |
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department shall contract with at least three eligible |
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community-based organizations or local governmental entities |
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selected by the department to: |
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(1) provide respite services; and |
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(2) facilitate access to respite services. |
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(b) The department may award a contract under this section |
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only after issuing a request for proposals for the contract. |
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(c) A community-based organization or local governmental |
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entity is eligible to contract under this section only if the |
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organization or entity has experience in and an existing procedure |
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for: |
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(1) coordinating support services for multiple groups |
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of persons who need support services, including persons with a |
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physical or intellectual disability and elderly persons; |
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(2) connecting caregivers with respite services |
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providers; |
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(3) maintaining and providing information regarding |
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available respite services; and |
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(4) conducting public awareness activities regarding |
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available respite services. |
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(d) The department shall include in each contract with a |
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respite services coordinator provisions requiring the coordinator |
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to: |
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(1) subject to the availability of money, provide |
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vouchers for respite services to caregivers participating in the |
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program who are not eligible for respite services provided through |
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other programs; and |
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(2) connect caregivers participating in the program |
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with available respite services. |
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(e) The department shall provide each community-based |
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organization or local governmental entity with which the department |
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contracts under this subchapter with: |
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(1) technical assistance; and |
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(2) policy and program development support. |
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(f) The department shall monitor a contractor's performance |
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under a contract entered into under this subchapter using clearly |
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defined and measurable performance objectives. |
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Sec. 161.155. RESPITE SERVICES COORDINATOR FUNCTIONS. A |
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respite services coordinator under contract with the department |
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shall: |
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(1) maintain information regarding respite services |
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providers; |
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(2) build partnerships with respite services |
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providers; and |
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(3) implement public awareness activities regarding |
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respite services. |
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Sec. 161.156. RULES. The executive commissioner shall adopt |
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rules necessary to implement this subchapter. |
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SECTION 2. Not later than November 1, 2010, the executive |
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commissioner of the Health and Human Services Commission, in |
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consultation with the Department of Aging and Disability Services, |
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shall submit a report to the governor and the Legislative Budget |
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Board regarding the lifespan respite services program established |
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under Subchapter F, Chapter 161, Human Resources Code, as added by |
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this Act. The report must include an evaluation of the effect of |
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the program on: |
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(1) access to respite services by primary caregivers |
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of persons with chronic serious health conditions or disabilities; |
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and |
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(2) Medicaid expenditures for long-term care services |
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provided in institutional care settings. |
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SECTION 3. This Act does not make an appropriation. A |
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provision in this Act that creates a new governmental program, |
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creates a new entitlement, or imposes a new duty on a governmental |
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entity is not mandatory during a fiscal period for which the |
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legislature has not made a specific appropriation to implement the |
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provision. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 802 was passed by the House on May 1, |
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2009, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 802 on May 23, 2009, by the following vote: Yeas 141, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 802 was passed by the Senate, with |
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amendments, on May 20, 2009, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |