March 12, 2013
Texas State Representative
P.O. Box 2910
Austin, TX 78768
Dear Representative Guillen:
Thank you for requesting comments from the Texas Council for Developmental Disabilities (TCDD) regarding your House Bill 1267 relating to certain Medicaid home and community-based services waiver programs. The Texas Council for Developmental Disabilities (TCDD) is established by federal law in the Developmental Disabilities Assistance and Bill of Rights Act and is governed by a 27 member board, appointed by the Governor, 60 percent of whom are individuals with developmental disabilities or family members of individuals with disabilities. TCDD’s purpose in law is to encourage policy change so that people with disabilities have opportunities to be fully included in their communities and exercise control over their own lives.
Establishing a Hospital Level of Care (HLOC) waiver and medical Level of Need (LON) 9, as is proposed in HB 1267, is consistent with the Council’s positions on community living. The HLOC waiver and the medical LON 9 would provide individuals with the most significant disabilities with access to the full range of accommodations necessary to ensure that living in their natural community is possible. Further, implementing HLOC waiver is a fiscally sound proposal that would allow the state to receive federal matching funds for services that are currently funded solely with state general revenue. Finally, both provisions position the state to comply with the United State Department of Justice Settlement Agreement by expanding options for persons with the most complex medical needs to be accommodated in the setting of their choice.
Thank you again for requesting the Council’s input regarding these important policy proposals. Feel free to call upon us whenever we may be of assistance.