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AN ACT
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relating to a competitive and integrated employment initiative for |
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certain Medicaid recipients. |
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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 531.02448 to read as follows: |
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Sec. 531.02448. COMPETITIVE AND INTEGRATED EMPLOYMENT |
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INITIATIVE FOR CERTAIN MEDICAID RECIPIENTS. (a) This section |
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applies to an individual receiving services under: |
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(1) any of the following waiver programs established |
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under Section 1915(c), Social Security Act (42 U.S.C. Section |
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1396n(c)): |
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(A) the home and community-based services (HCS) |
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waiver program; |
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(B) the Texas home living (TxHmL) waiver program; |
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(C) the deaf-blind with multiple disabilities |
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(DBMD) waiver program; and |
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(D) the community living assistance and support |
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services (CLASS) waiver program; and |
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(2) the STAR+PLUS home and community-based services |
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(HCBS) waiver program established under Section 1115, Social |
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Security Act (42 U.S.C. Section 1315). |
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(b) The executive commissioner by rule shall develop a |
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uniform process that complies with the policy adopted under Section |
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531.02447 to: |
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(1) assess the goals of and competitive and integrated |
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employment opportunities and related employment services available |
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to an individual to whom this section applies; and |
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(2) use the identified goals and available |
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opportunities and services to direct the individual's plan of care |
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at the time the plan is developed or renewed. |
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(c) The entity responsible for the development and renewal |
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of the plan of care for an individual to whom this section applies |
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shall use the uniform process the executive commissioner develops |
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to assess the individual's goals, opportunities, and services |
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described by Subsection (b) and incorporate those goals, |
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opportunities, and services into the plan of care. |
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(d) The executive commissioner by rule shall: |
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(1) identify strategies to increase the number of |
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individuals who are receiving employment services from the Texas |
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Workforce Commission or through the waiver program in which an |
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individual is enrolled; |
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(2) determine a reasonable number of individuals who |
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indicate a desire to work to receive employment services and ensure |
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those individuals: |
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(A) have received employment services during the |
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state fiscal biennium ending August 31, 2023, or during the period |
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beginning September 1, 2023, and ending December 31, 2023, from the |
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Texas Workforce Commission or through the waiver program in which |
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an individual is enrolled; or |
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(B) are receiving employment services on |
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December 31, 2023, from the Texas Workforce Commission or through |
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the waiver program in which an individual is enrolled; and |
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(3) ensure each individual who indicates a desire to |
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work is referred to receive employment services from the Texas |
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Workforce Commission or through the waiver program in which the |
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individual is enrolled. |
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(e) Not later than December 31 of each even-numbered year, |
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the executive commissioner shall prepare and submit to the |
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governor, lieutenant governor, speaker of the house of |
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representatives, and legislature a written report that outlines: |
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(1) the number of individuals to whom this section |
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applies who are receiving employment services in accordance with |
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rules adopted under this section; |
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(2) whether the employment services described by |
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Subdivision (1) are provided by the Texas Workforce Commission, |
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through the waiver program in which an individual is enrolled, or |
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both; and |
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(3) the number of individuals to whom this section |
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applies who have obtained competitive and integrated employment, |
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categorized by waiver program and, if applicable, an individual's |
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level of care. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the executive commissioner of the Health and Human |
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Services Commission shall adopt rules as necessary to implement |
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Section 531.02448, Government Code, as added by this Act. |
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SECTION 3. Notwithstanding Section 531.02448(e), |
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Government Code, as added by this Act, the executive commissioner |
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of the Health and Human Services Commission shall submit the first |
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report required by that section not later than December 31, 2024. |
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SECTION 4. The Health and Human Services Commission is |
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required to implement a provision of this Act only if the |
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legislature appropriates money to the commission specifically for |
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that purpose. If the legislature does not appropriate money |
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specifically for that purpose, the commission may, but is not |
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required to, implement a provision of this Act using other |
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appropriations that are available for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 50 passed the Senate on |
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April 26, 2021, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 50 passed the House on |
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May 24, 2021, by the following vote: Yeas 110, Nays 33, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |