85R3391 SMT-D     By: Zaffirini S.B. No. 2025       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of a peer support program for   residents of state supported living centers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 555, Health and Safety Code, is amended   by adding Subchapter F to read as follows:   SUBCHAPTER F. PEER SUPPORT PROGRAM          Sec. 555.201.  PEER SUPPORT PROGRAM ESTABLISHED. (a)  The   office shall develop and implement in each state supported living   center a peer support program under which a state supported living   center provides peer support services as an institutional benefit   to residents. The program's peer support services must be designed   to:                (1)  make residents more aware of the restrictions   limiting their control over their lives;                (2)  encourage a renewed effort by the state supported   living center to provide education to residents and families of   residents regarding a resident's basic rights and the application   of those rights to a person-centered life;                (3)  increase the accountability of the state supported   living center's staff; and                (4)  help protect residents' rights.          (b)  In developing and implementing the peer support   program, the office may collaborate with the Office of Consumer   Rights and Services of the Department of Aging and Disability   Services, or its successor agency, and appropriate state protection   and advocacy agencies.          Sec. 555.202.  PEER SUPPORT SPECIALISTS. (a)  A peer support   program must establish peer support specialists to provide   supportive services to residents.          (b)  An individual is eligible to serve as a peer support   specialist only if the individual:                (1)  has been diagnosed with an intellectual or   developmental disability;                (2)  was a resident of a state supported living center   before serving as a peer support specialist;                (3)  lives independently in the community during the   time the individual serves as a peer support specialist; and                 (4)  is knowledgeable regarding resident rights.          (c)  A peer support specialist shall assist a resident to   achieve the resident's goals for independence by helping the   resident:                (1)  develop a specific action plan;                (2)  access available resources; and                (3)  understand the resident's rights on a state   supported living center campus.          Sec. 555.203.  PEER SUPPORT SPECIALIST COACHING SERVICES.   The office shall provide coaching services to peer support   specialists, including:                (1)  emotional assistance;                (2)  informational assistance;                (3)  assistance developing specific action plans; and                (4)  assistance identifying available resources.          Sec. 555.204.  INITIAL ESTABLISHMENT AND EXPANSION. (a) The   office shall establish a peer support program in three state   supported living centers as soon as practicable.          (b)  The office shall establish a peer support program in   each state supported living center in the state not later than   September 1, 2021.           SECTION 2.  Section 555.059(a), Health and Safety Code, is   amended to read as follows:          (a)  The independent ombudsman shall:                (1)  evaluate the process by which a center   investigates, reviews, and reports an injury to a resident or   client or an unusual incident;                (2)  evaluate the delivery of services to residents and   clients to ensure that the rights of residents and clients are fully   observed, including ensuring that each center conducts sufficient   unannounced patrols;                (3)  immediately refer a complaint alleging the abuse,   neglect, or exploitation of a resident or client to the Department   of Family and Protective Services;                (4)  refer a complaint alleging employee misconduct   that does not involve abuse, neglect, or exploitation or a possible   violation of an ICF-IID standard or condition of participation to   the regulatory services division of the department;                (5)  refer a complaint alleging a criminal offense,   other than an allegation of abuse, neglect, or exploitation of a   resident or client, to the inspector general;                (6)  conduct investigations of complaints, other than   complaints alleging criminal offenses or the abuse, neglect, or   exploitation of a resident or client, if the office determines   that:                      (A)  a resident or client or the resident's or   client's family may be in need of assistance from the office; or                      (B)  a complaint raises the possibility of a   systemic issue in the center's provision of services;                (7)  conduct biennial on-site audits at each center of:                      (A)  the ratio of direct care employees to   residents;                      (B)  the provision and adequacy of training to:                            (i)  center employees; and                            (ii)  direct care employees; and                      (C)  if the center serves alleged offender   residents, the provision of specialized training to direct care   employees;                (8)  conduct an annual audit of each center's policies,   practices, and procedures to ensure that each resident and client   is encouraged to exercise the resident's or client's rights,   including:                      (A)  the right to file a complaint; and                      (B)  the right to due process;                (9)  prepare and deliver an annual report regarding the   findings of each audit to the:                      (A)  executive commissioner;                      (B)  commissioner;                      (C)  Aging and Disability Services Council;                      (D)  governor;                      (E)  lieutenant governor;                      (F)  speaker of the house of representatives;                      (G)  standing committees of the senate and house   of representatives with primary jurisdiction over state supported   living centers; and                      (H)  state auditor;                (10)  require a center to provide access to all   records, data, and other information under the control of the   center that the independent ombudsman determines is necessary to   investigate a complaint or to conduct an audit under this section;                (11)  review all final reports produced by the   Department of Family and Protective Services, the regulatory   services division of the department, and the inspector general   regarding a complaint referred by the independent ombudsman;                (12)  provide assistance to a resident, client,   authorized representative of a resident or client, or family member   of a resident or client who the independent ombudsman determines is   in need of assistance, including advocating with an agency,   provider, or other person in the best interests of the resident or   client;                (13)  make appropriate referrals under any of the   duties and powers listed in this subsection; [and]                (14)  monitor and evaluate the department's actions   relating to any problem identified or recommendation included in a   report received from the Department of Family and Protective   Services relating to an investigation of alleged abuse, neglect, or   exploitation of a resident or client; and                (15)  develop and implement peer support programs under   Subchapter F.          SECTION 3.  This Act takes effect September 1, 2017.