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