85R15355 TYPED     By: Klick H.B. No. 4096       A BILL TO BE ENTITLED   AN ACT   relating to improving the care of, and increasing opportunities   for, children and adolescents with physical and developmental   disabilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 54 Education Code, is   amended by adding Section 54.9031          Sec. 54.9031  INCREASED OUTREACH REGARDING TEXAS ABLE   PROGRAM. (a) In administering this section, the board shall engage   in outreach efforts to inform and educate individuals eligible for   an ABLE account, including families of eligible children.          (b)  As part of this effort the board shall ensure that   information regarding ABLE accounts is provided to state agencies   serving individuals with physical and developmental disabilities   who may be eligible for an ABLE account. The board shall also   ensure that managed care organizations providing benefits and   services under the medical assistance program and the Children's   Health Insurance Program (CHIP) to individuals eligible for ABLE   accounts are furnished information to provide to eligible   enrollees.          SECTION 2.  Subchapter A, Chapter 531, Government Code,   Section 531.02445 is amended by adding subsection (C)to read as   follows:          Sec. 531.02445.  TRANSITION SERVICES FOR YOUTH WITH   DISABILITIES. (a) The executive commissioner shall monitor   programs and services offered through health and human services   agencies designed to assist youth with disabilities to transition   from school-oriented living to post-schooling activities, services   for adults, or community living.          (b)  In monitoring the programs and services, the executive   commissioner shall:                (1)  consider whether the programs or services result   in positive outcomes in the employment, community integration,   health, and quality of life of individuals with disabilities; and                (2)  collect information regarding the outcomes of the   transition process as necessary to assess the programs and   services.          (c)  In reviewing available services and programs for these   individuals, the executive commissioner shall consider whether any   opportunities exist to partner with the Texas Education Agency or   other applicable agencies to offer training I specialized skills   for school-age children with disabilities to help promote   independence.          SECTION 3.  Subchapter A, Chapter 531 Government, Section   531.0245 is amended by adding subsection (c) to read as follows:          Sec. 531.0245.  PERMANENCY PLANNING FOR CERTAIN CHILDREN.          (a)  The commission and each appropriate health and human   services agency shall develop procedures to ensure that permanency   planning is provided for each child residing in an institution in   this state on a temporary or long-term basis or for whom   institutional care is sought.          (b)  In this section:                (1)  "Institution" has the meaning assigned by Section   242.002, Health and Safety Code.                (2)  "Permanency planning" has the meaning assigned by   Section 531.151.          (c)  The commission shall take into consideration the   educational needs of each child in developing the permanency plans   required by this section, and how those needs may be met both on an   immediate and long-term basis.          SECTION 4.  Subchapter A, Chapter 531 Government Code,   Section 531.02491 is amended to read as follows:          Sec. 531.02491.  JOINT TRAINING FOR CERTAIN CASEWORKERS.   (a) The executive commissioner shall provide for joint training   for health and human services caseworkers whose clients are   children, including caseworkers employed by:                (1)  the commission;                (2)  the Department of Aging and Disability Services;                (3)  the Department of State Health Services;                (4)  the Department of Family and Protective Services;                (5)  a Medicaid managed care organization providing   services under the STAR Kids Program;                (4) (6)  a local mental health authority; and                (5) (7)  a local intellectual and developmental   disability authority.          (b)  Training provided under this section must be designed to   increase a caseworker's knowledge and awareness of the services   available to children at each health and human services agency or   local mental health or intellectual and developmental disability   authority, including long-term care programs and services   available under a Section 1915(c) waiver program, and the Texas   ABLE Program.          SECTION 5.  Subchapter A, Chapter 531 Government Code,   amended by adding Section 531.02493 to read as follows:          Sec. 531.02493.  DELIVERY OF HEALTH AND HUMAN SERVICES AND   OTHER SUPPORT SERVICES TO SCHOOL-AGE TEXANS WITH DISABILITIES.          (b)  The commission, in conjunction with the Texas Education   Agency, shall electronically publish on the commission's Internet   website a biennial report and, on or before the date the report is   due, shall notify the governor, the lieutenant governor, the   speaker of the house of representatives, the comptroller, the   Legislative Budget Board, the Texas Education Agency, and the   appropriate legislative committees that the report is available on   the commission's Internet website. The report must address the   efforts of the health and human services agencies and the Texas   Education Agency to provide health and human services and support   services to school-age children with physical and developmental   disabilities. The report may contain recommendations by the   commission and the Texas Education Agency to better coordinate   state agency programs relating to the delivery of services to these   children and may propose joint agency collaborative programs. This   information may be combined with the report required by Sec.   531.02492 or other relevant reporting requirements.          SECTION 6.  Subchapter A, Chapter 531 Government Code, is   amended by addition Section 531.095 to read as follows:          Sec. 531.095.  OPPORTUNITY SAVINGS ACCOUNTS FOR CHILDREN   WITH DISABILITIES. (a) The commission shall study the   establishment of an Opportunity Savings Account for children with   disabilities enrolled in the medical assistance program and the   Children's Health Insurance Program (CHIP) to be used promote   support and independence of these children.          (b)  In conducting this study the commission shall review:                (1)  eligibility standards and allowable expenses   under the Texas ABLE Program;                 (2)  the estimated number of enrollees in medical   assistance and Children's Health Insurance Program who will be   eligible for the Texas ABLE Program;                (3)  the extent to which Health Savings Accounts would   be beneficial to children with disabilities;                (4)  any additional savings programs that are available   to, and could benefit, children with disabilities;                (5)  whether opportunity exists to establish an   Opportunity Savings Program specifically for children described by   Sec. 531.095(a).          (c)  If the commission finds that additional needs exist   beyond what are covered, or that a significant number of children   described in Sec. 531,095(a) are not eligible for existing   programs, the Commission shall pursue establishment of an   Opportunity Savings Account program, to be administered by the   commission, for the purpose of promoting the health, wellness, and   independence of children with disabilities.          SECTION 7.  Subchapter A, Chapter 533 Government Code, is   amended by adding Section 533.00253 is amended by adding Subsection   (g) to read as follows:          (g)  Managed care organizations providing services in this   program must inform and, to the extent feasible, assist families in   pursuing savings programs designed to support and further   independence for children with disabilities. Programs include, but   are not limited to, health savings accounts, the Texas ABLE   Program, and the Texas Tomorrow Fund.          SECTION 8.  The commission shall finalize the report   required by Sec. 531.095 no later than September 1, 2018, and   provide a copy to the governor, lt. governor, speaker, and standing   legislative committees with jurisdiction over these matters.          SECTION 9.  Not later than January 1, 2018, the executive   commissioner of the Health and Human Services Commission shall   adopt necessary rules, guidelines, or contract provisions or amend   existing rules, guidelines, or contract provisions as necessary to   comply with the requirements as added by this Act.          SECTION 10.  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, 2017.