By:  Naishtat                                          H.B. No. 985
       73R3547 CBH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the operation of the Texas Department of Mental Health
    1-3  and Mental Retardation and to the provision of services to patients
    1-4  and clients of the department or of community centers.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter A, Chapter 533, Health and Safety
    1-7  Code, is amended by adding Section 533.0075 to read as follows:
    1-8        Sec. 533.0075.  EXCHANGE OF EMPLOYMENT RECORDS.  The
    1-9  department shall make available to a community center, on request,
   1-10  the employment records of a department employee or former employee
   1-11  who applies for employment at the community center.
   1-12        SECTION 2.  Sections 533.014(b)-(d), Health and Safety Code,
   1-13  are amended to read as follows:
   1-14        (b)  The board's first consideration in developing rules
   1-15  under this section must be to satisfy individual patient treatment
   1-16  needs in the most appropriate setting.  The board shall also
   1-17  consider reducing patient inconvenience resulting from admissions
   1-18  and transfers between providers.  <The rules must be based on the
   1-19  advice and recommendations of the single portal review committee.>
   1-20        (c)  <The board may designate a local mental health authority
   1-21  as a single portal authority for a service area if:>
   1-22              <(1)  the board determines that the authority operates
   1-23  or contracts for the licensed inpatient mental health facilities
   1-24  the board determines are necessary;>
    2-1              <(2)  the board determines that all core services
    2-2  required by Section 534.053 are available in the service area; and>
    2-3              <(3)  the single portal review committee:>
    2-4                    <(A)  determines that the core services in the
    2-5  service area are of sufficient quality and quantity as measured by
    2-6  criteria established by the committee;>
    2-7                    <(B)  determines that the local mental health
    2-8  authority meets the criteria set by the single portal review
    2-9  committee, including receiving the endorsement of the application
   2-10  from the county judges and the appropriate police chiefs who have
   2-11  jurisdiction in the applicant's service area and from the
   2-12  superintendent of the department mental health facility serving the
   2-13  area; and>
   2-14                    <(C)  approves the authority's application.>
   2-15        <(d)>  If the board designates a local mental health
   2-16  authority as a single portal authority, the department shall notify
   2-17  each judge who has probate jurisdiction in the service area and any
   2-18  other person the single portal authority considers necessary of the
   2-19  designation and the new procedures required in the area.
   2-20        SECTION 3.  Section 533.032, Health and Safety Code, is
   2-21  amended to read as follows:
   2-22        Sec. 533.032.  Long-Range Plan.  <(a)>  The department shall
   2-23  have a long-range plan covering at least six years that includes at
   2-24  least the provisions required by Section 10, Article 4413(502),
   2-25  Revised Statutes, and Article 6252-31, Revised Statutes, as added
   2-26  by Chapter 384, Acts of the 72nd Legislature, Regular Session, 1991
   2-27  <following elements:>
    3-1              <(1)  a statement of the department's mission, goals,
    3-2  and objectives;>
    3-3              <(2)  quantifiable indicators of effort and success;>
    3-4              <(3)  an identification of priority populations and the
    3-5  minimum services necessary for those populations;>
    3-6              <(4)  a description of the appropriate use of
    3-7  facilities, including the role of state hospitals and schools,
    3-8  considering their size, function, and specialization and the
    3-9  criteria for adding needed beds and phasing out uneconomical and
   3-10  unneeded beds;>
   3-11              <(5)  a description of the service delivery system
   3-12  while the plan is being implemented, including estimates of the
   3-13  number of persons to be served by department facilities and
   3-14  community-based services and the costs of the services; and>
   3-15              <(6)  a comprehensive assessment of needs and a
   3-16  statewide inventory of resources.>
   3-17        <(b)  The department shall revise the plan by January 1 of
   3-18  each even-numbered year.>
   3-19        <(c)  The department shall identify and project the costs
   3-20  related to implementing the plan.>
   3-21        <(d)  As part of the department's budget preparation process,
   3-22  the department shall biennially assess its achievement of the goals
   3-23  identified in the plan.  The department should make each biennial
   3-24  budget request according to the results of the assessment, with
   3-25  requests for new program funding and continued funding made
   3-26  according to demonstrated need.>
   3-27        <(e)  The department should develop and maintain a data base
    4-1  appropriate to the planning effort>.
    4-2        SECTION 4.  Section 533.042, Health and Safety Code, is
    4-3  amended to read as follows:
    4-4        Sec. 533.042.  <Annual> Evaluation of Elderly Residents.
    4-5  (a)  The department shall evaluate each elderly resident at least
    4-6  annually to determine if the resident can be appropriately served
    4-7  in a less restrictive setting.
    4-8        (b)  The department shall consider the proximity to the
    4-9  resident of family, friends, and advocates concerned with the
   4-10  resident's well-being in determining whether the resident should be
   4-11  moved from a department facility or to a different department
   4-12  facility.  The department shall recognize that a nursing home may
   4-13  not be able to meet the special needs of an elderly resident.
   4-14        (c)  In evaluating an elderly resident under this section and
   4-15  to ensure appropriate placement, the department shall identify the
   4-16  special needs of the resident, the types of services that will best
   4-17  meet those needs, and the type of facility that will best provide
   4-18  those services.
   4-19        (d)  The treating physician shall conduct the evaluation of
   4-20  an elderly resident of a department mental health facility.  The
   4-21  appropriate interdisciplinary team shall conduct the evaluation of
   4-22  an elderly resident of a department mental retardation facility.
   4-23        (e)  The department shall attempt to place an elderly
   4-24  resident in a less restrictive setting if the department determines
   4-25  that the resident can be appropriately served in that setting.  The
   4-26  department shall coordinate the attempt with the local mental
   4-27  health and mental retardation authority.
    5-1        (f)  A local mental health or mental retardation authority
    5-2  shall provide continuing care for an elderly resident placed in the
    5-3  authority's service area under this section.
    5-4        (g)  The local mental health or mental retardation authority
    5-5  is entitled to have access to each resident who requests or
    5-6  receives continuing care services and to that resident's records.
    5-7        SECTION 5.  Section 574.081, Health and Safety Code, is
    5-8  amended by amending Subsection (e) and adding Subsection (f) to
    5-9  read as follows:
   5-10        (e)  The facility administrator or the administrator's
   5-11  designee is entitled to have access to each discharged patient who
   5-12  receives or requests continuing care services and to that patient's
   5-13  records.
   5-14        (f)  A patient who is to be discharged may refuse the
   5-15  continuing care services.
   5-16        SECTION 6.  Section 591.011, Health and Safety Code, is
   5-17  amended by amending Subsection (e) and adding Subsection (f) to
   5-18  read as follows:
   5-19        (e)  The department is entitled to have access to each
   5-20  resident who is placed with a residential service provider and to
   5-21  that resident's records.
   5-22        (f)  The department's responsibilities under this subtitle
   5-23  are in addition to all other responsibilities and duties of the
   5-24  department under other law.
   5-25        SECTION 7.  Section 533.013, Health and Safety Code, is
   5-26  repealed.
   5-27        SECTION 8.  The importance of this legislation and the
    6-1  crowded condition of the calendars in both houses create an
    6-2  emergency and an imperative public necessity that the
    6-3  constitutional rule requiring bills to be read on three several
    6-4  days in each house be suspended, and this rule is hereby suspended,
    6-5  and that this Act take effect and be in force from and after its
    6-6  passage, and it is so enacted.