HB 209 — The establishment by the Health

90R359 LRM-F By: González of El Paso H.B. No. 209 relating to the establishment by the Health and Human Services Commission of a program to provide certain co-navigation services to individuals who are deaf-blind.

SECTION 1. Section 81.001, Human Resources Code, is amended by adding Subdivision (1) to read as follows: (1) "Commission" means the Health and Human Services Commission.

SECTION 2. Chapter 81, Human Resources Code, is amended by adding Section 81.014 to read as follows: Sec. 81.014. CO-NAVIGATION SERVICES PROGRAM FOR INDIVIDUALS WHO ARE DEAF-BLIND. (a) In this section: (1) "Communication mode" includes communication through: (A) auditory amplification, such as through a personal hearing aid or assistive listening device; (B) American Sign Language or Signed English by both tactile and visual means; and (C) protactile language. (2) "Co-navigation services" means services provided to an individual who is deaf-blind that assist the individual to physically access the individual's environment and to make informed decisions. The term includes providing visual and environmental information or sighted guide services and assisting with communication accessibility by communicating in the preferred language and communication mode of the individual who is deaf-blind. The term does not include performing any of the following for the individual: (A) providing personal care services to the individual; (B) completing ordinary errands for the individual; (C) making decisions for the individual; (D) teaching or otherwise instructing the individual; or (E) interpreting for the individual in a formal setting, including a medical, legal, or business setting. (3) "Co-navigator" means a person who is specially trained to provide co-navigation services. (4) "Program" means the deaf-blind co-navigation services program. (5) "Protactile language" means a method of communication based on touch that is used by individuals who are deaf-blind. (b) The commission shall operate a statewide co-navigation services program for individuals who are deaf-blind through which: (1) co-navigation services are provided by co-navigators; and (2) the commission reimburses the co-navigators for the provision of the services. (c) The executive commissioner by rule shall establish reimbursement rates to be paid to a co-navigator under the program. The reimbursement rates must use a tiered wage scale that is based on the co-navigator's: (1) level of training in communication modes for individuals who are deaf-blind and in sighted guide-mobility techniques; and (2) fluency and skill in communication modes and sighted guide-mobility for individuals who are deaf-blind. (d) The commission shall ensure that quality co-navigation services are provided under the program by: (1) monitoring the compliance of co-navigators with program rules; (2) developing funding sources for the program that are in addition to state sources and will reduce reliance on the state sources for continuation of the program; and (3) providing funding and technical assistance for training programs for: (A) co-navigators under the program; and (B) individuals who are deaf-blind to enable those individuals to effectively use the services offered under the program. (e) The executive commissioner may establish an advisory committee to advise the commission in developing and operating the program, including operating the program in a manner that ensures the efficient use of state money. Subject to Section 2110.002, Government Code, the executive commissioner shall determine the number of members serving on the advisory committee, which must include individuals who are deaf-blind and other stakeholders. (f) The executive commissioner may adopt rules necessary to: (1) operate the program in a manner that is efficient and maximizes the number of individuals served; and (2) ensure that co-navigators receiving reimbursement under the program have adequate training to provide co-navigation services.

SECTION 3. Not later than September 1, 2028: (1) the executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement Section 81.014, Human Resources Code, as added by this Act; and (2) the commission shall begin operating the program required by that section.

SECTION 4. This Act takes effect September 1, 2027.