S.B. No. 37
 
 
 
 
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