By: Zaffirini  S.B. No. 50
         (In the Senate - Filed November 9, 2020; March 3, 2021, read
  first time and referred to Committee on Health & Human Services;
  April 20, 2021, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0; April 20, 2021,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 50 By:  Campbell
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a competitive and integrated employment initiative for
  certain Medicaid recipients.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 531, Government Code, is
  amended by adding Section 531.02448 to read as follows:
         Sec. 531.02448.  COMPETITIVE AND INTEGRATED EMPLOYMENT
  INITIATIVE FOR CERTAIN MEDICAID RECIPIENTS. (a) This section
  applies to an individual receiving services under:
               (1)  any of the following waiver programs established
  under Section 1915(c), Social Security Act (42 U.S.C. Section
  1396n(c)):
                     (A)  the home and community-based services (HCS)
  waiver program;
                     (B)  the Texas home living (TxHmL) waiver program;
                     (C)  the deaf-blind with multiple disabilities
  (DBMD) waiver program; and
                     (D)  the community living assistance and support
  services (CLASS) waiver program; and
               (2)  the STAR+PLUS home and community-based services
  (HCBS) waiver program established under Section 1115, Social
  Security Act (42 U.S.C. Section 1315).
         (b)  The executive commissioner by rule shall develop a
  uniform process that complies with the policy adopted under Section
  531.02447 to:
               (1)  assess the goals of and competitive and integrated
  employment opportunities and related employment services available
  to an individual to whom this section applies; and
               (2)  use the identified goals and available
  opportunities and services to direct the individual's plan of care
  at the time the plan is developed or renewed.
         (c)  The entity responsible for the development and renewal
  of the plan of care for an individual to whom this section applies
  shall use the uniform process the executive commissioner develops
  to assess the individual's goals, opportunities, and services
  described by Subsection (b) and incorporate those goals,
  opportunities, and services into the plan of care.
         (d)  The executive commissioner by rule shall:
               (1)  identify strategies to increase the number of
  individuals who are receiving employment services from the Texas
  Workforce Commission or through the waiver program in which an
  individual is enrolled;
               (2)  determine a reasonable number of individuals who
  indicate a desire to work to receive employment services and ensure
  those individuals:
                     (A)  have received employment services during the
  state fiscal biennium ending August 31, 2023, or during the period
  beginning September 1, 2023, and ending December 31, 2023, from the
  Texas Workforce Commission or through the waiver program in which
  an individual is enrolled; or
                     (B)  are receiving employment services on
  December 31, 2023, from the Texas Workforce Commission or through
  the waiver program in which an individual is enrolled; and
               (3)  ensure each individual who indicates a desire to
  work is referred to receive employment services from the Texas
  Workforce Commission or through the waiver program in which the
  individual is enrolled.
         (e)  Not later than December 31 of each even-numbered year,
  the executive commissioner shall prepare and submit to the
  governor, lieutenant governor, speaker of the house of
  representatives, and legislature a written report that outlines:
               (1)  the number of individuals to whom this section
  applies who are receiving employment services in accordance with
  rules adopted under this section;
               (2)  whether the employment services described by
  Subdivision (1) are provided by the Texas Workforce Commission,
  through the waiver program in which an individual is enrolled, or
  both; and
               (3)  the number of individuals to whom this section
  applies who have obtained competitive and integrated employment,
  categorized by waiver program and, if applicable, an individual's
  level of care.
         SECTION 2.  As soon as practicable after the effective date
  of this Act, the executive commissioner of the Health and Human
  Services Commission shall adopt rules as necessary to implement
  Section 531.02448, Government Code, as added by this Act.
         SECTION 3.  Notwithstanding Section 531.02448(e),
  Government Code, as added by this Act, the executive commissioner
  of the Health and Human Services Commission shall submit the first
  report required by that section not later than December 31, 2024.
         SECTION 4.  The Health and Human Services Commission is
  required to implement a provision of this Act only if the
  legislature appropriates money to the commission specifically for
  that purpose. If the legislature does not appropriate money
  specifically for that purpose, the commission may, but is not
  required to, implement a provision of this Act using other
  appropriations that are available for that purpose.
         SECTION 5.  This Act takes effect September 1, 2021.
 
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