Certain service providers and state supported living centers may contract for services supporting individuals with developmental disabilities, and the commission/executive commissioner must set up the related service list and fee schedule rules.
Sec. 161.080. CONTRACTS FOR SERVICES FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES. (a) A person that provides services to individuals with developmental disabilities may contract with a state supported living center for the center to provide services and resources to support those individuals. (b) Notwithstanding any other law, a state supported living center may provide nonresidential services to support an individual if the provision of services to the individual does not interfere with the provision of services to a resident of the state supported living center. (c) The executive commissioner by rule shall establish: (1) a list of services a state supported living center may provide under a contract described by Subsection (a); and (2) procedures for the commission to create, maintain, and amend as needed a schedule of fees that a state supported living center may charge for a service included in the list described by Subdivision (1). (d) In creating a schedule of fees, the commission shall: (1) use the reimbursement rate for the applicable service under the Medicaid program; or (2) modify that rate with a written justification for the modification and after holding a public hearing on the issue of the modification. (e) Notwithstanding Subsection (c), a state supported living center, based on negotiations between the center and a managed care organization, as defined by Section 540.0001, Government Code, may charge a fee for a service other than the fee provided by the schedule of fees created by the commission under this section. Added by Acts 2009, 81st Leg., R.S., Ch. 904 (H.B. 748), Sec. 1, eff. June 19, 2009. Redesignated from Human Resources Code, Section 161.077 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(37), eff. September 1, 2011. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 320 (H.B. 1760), Sec. 1, eff. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 4.453, eff. April 2, 2015. Acts 2017, 85th Leg., R.S., Ch. 300 (S.B. 547), Sec. 1, eff. May 29, 2017. Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.110, eff. April 1, 2025.