| |
| |
| |
|
|
AN ACT
|
|
|
relating to providing home-based and community-based support |
|
|
services under the Medicaid program to persons who are deaf-blind |
|
|
with multiple disabilities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 161, Human Resources Code, |
|
|
is amended by adding Section 161.076 to read as follows: |
|
|
Sec. 161.076. ELIGIBILITY FOR DEAF-BLIND WITH MULTIPLE |
|
|
DISABILITIES WAIVER PROGRAM. (a) Subject to the availability of |
|
|
funds appropriated for that purpose, the department shall provide |
|
|
home-based and community-based services under the deaf-blind with |
|
|
multiple disabilities waiver program without regard to a person's |
|
|
age if the person applies for and is otherwise eligible to receive |
|
|
services under the waiver program. |
|
|
(b) Subsection (a) does not prevent the department from |
|
|
establishing an age requirement with respect to other programs or |
|
|
services offered to persons who are deaf-blind and have multiple |
|
|
disabilities, including the summer outdoor training program for |
|
|
deaf-blind multihandicapped individuals established under Section |
|
|
22.036(c). |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the executive commissioner of the Health and Human |
|
|
Services Commission shall apply for and actively pursue an |
|
|
amendment to this state's deaf-blind with multiple disabilities |
|
|
waiver under Section 1915(c) of the federal Social Security Act (42 |
|
|
U.S.C. Section 1396n(c)) or other authorization from the federal |
|
|
Centers for Medicare and Medicaid Services or any other federal |
|
|
agency to implement Section 161.076, Human Resources Code, as added |
|
|
by this Act, with respect to persons who are younger than 18 years |
|
|
of age. The Department of Aging and Disability Services may delay |
|
|
implementing Section 161.076, Human Resources Code, as added by |
|
|
this Act, until the amendment or other authorization applied for |
|
|
under this section is granted. |
|
|
SECTION 3. The executive commissioner of the Health and |
|
|
Human Services Commission shall adopt rules to implement Section |
|
|
161.076, Human Resources Code, as added by this Act, as soon as |
|
|
possible after obtaining the amendment or other authorization |
|
|
required by Section 2 of this Act. |
|
|
SECTION 4. This Act does not make an appropriation. A |
|
|
provision in this Act that creates a new governmental program, |
|
|
creates a new entitlement, or imposes a new duty on a governmental |
|
|
entity is not mandatory during a fiscal period for which the |
|
|
legislature has not made a specific appropriation to implement the |
|
|
provision. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2009. |
|
|
|
|
|
|
| |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
|
|
I hereby certify that S.B. No. 37 passed the Senate on |
|
|
May 8, 2009, by the following vote: Yeas 30, Nays 0. |
|
|
|
| |
| |
______________________________ |
| |
Secretary of the Senate |
| |
|
|
I hereby certify that S.B. No. 37 passed the House on |
|
|
May 18, 2009, by the following vote: Yeas 128, Nays 14, two |
|
|
present not voting. |
|
|
|
| |
| |
______________________________ |
| |
Chief Clerk of the House |
| |
|
|
|
| |
|
|
Approved: |
|
|
|
|
|
______________________________ |
|
|
Date |
|
|
|
|
|
|
|
|
______________________________ |
|
|
Governor |