Bill Text: TX HB4169 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to providing prevocational or similar services under certain Medicaid waiver programs.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2023-06-13 - Effective immediately [HB4169 Detail]
Download: Texas-2023-HB4169-Enrolled.html
H.B. No. 4169 |
|
||
relating to providing prevocational or similar services under | ||
certain Medicaid waiver programs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 32, Human Resources Code, | ||
is amended by adding Section 32.0755 to read as follows: | ||
Sec. 32.0755. PREVOCATIONAL SERVICES UNDER CERTAIN WAIVER | ||
PROGRAMS. (a) In this section, "prevocational services" means | ||
services that are designed to prepare an individual for paid or | ||
unpaid work and achieve a generalized result rather than being | ||
job-task oriented. | ||
(b) Prevocational services provided under the community | ||
living assistance and support services (CLASS) waiver program or | ||
another medical assistance waiver program providing long-term | ||
services or supports to a medical assistance recipient should be | ||
designed to assist the recipient in achieving competitive | ||
integrated employment in the community receiving compensation at or | ||
above the minimum wage in the recipient's community and in | ||
accordance with state and federal law. | ||
(c) The commission shall seek a waiver or other necessary | ||
authorization from the appropriate federal agency to include | ||
prevocational services as part of the individualized skills and | ||
socialization services delivered under a medical assistance waiver | ||
program providing long-term services and supports. | ||
(d) If the commission's request for a waiver or other | ||
authorization under Subsection (c) is not granted, the commission | ||
shall collaborate with relevant stakeholders and applicable | ||
federal agencies to establish a service similar to prevocational | ||
services in a manner that is authorized by federal law. | ||
(e) If the commission is granted a waiver or other | ||
authorization under Subsection (d): | ||
(1) the reimbursement rate for the service the | ||
commission establishes under that subsection may not exceed the | ||
reimbursement rate for individualized skills and socialization | ||
services; and | ||
(2) if the service is combined with individualized | ||
skills and socialization services, the commission shall ensure the | ||
service may not exceed the total allowable hours or the total costs | ||
for individualized skills and socialization services provided | ||
under a service plan. | ||
(f) The executive commissioner by rule shall establish | ||
clearly stated, service-related performance standards applicable | ||
to providers providing prevocational or similar services to | ||
recipients under a medical assistance waiver program in accordance | ||
with this section. The commission shall monitor the performance of | ||
each provider of prevocational or similar services under a medical | ||
assistance waiver program to ensure compliance with those | ||
standards. | ||
SECTION 2. (a) As soon as practicable after the effective | ||
date of this Act, the Health and Human Services Commission shall | ||
apply for and actively pursue from the appropriate federal agency | ||
the waiver or other authorization required by Section 32.0755(c), | ||
Human Resources Code, as added by this Act. The commission may | ||
delay implementing other provisions of this Act until the waiver or | ||
other authorization applied for under that subsection is granted. | ||
(b) If the waiver or other authorization under Section | ||
32.0755(c), Human Resources Code, as added by this Act, is not | ||
granted, the Health and Human Services Commission shall, not later | ||
than the 60th day after the date the waiver or other authorization | ||
is denied, apply for a waiver or other authorization under Section | ||
32.0755(d), Human Resources Code, as added by this Act. | ||
SECTION 3. 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, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4169 was passed by the House on May 9, | ||
2023, by the following vote: Yeas 134, Nays 5, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 4169 on May 25, 2023, by the following vote: Yeas 142, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4169 was passed by the Senate, with | ||
amendments, on May 23, 2023, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |