By: Moncrief S.B. No. 160
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the provision of mental health and rehabilitative
1-2 services.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 533, Health and Safety
1-5 Code, is amended by adding Section 533.0075 to read as follows:
1-6 Sec. 533.0075. EXCHANGE OF EMPLOYMENT RECORDS. The
1-7 department shall make available to a community center, on request,
1-8 the employment records of a department employee or former employee
1-9 who applies for employment at the community center.
1-10 SECTION 2. Subsections (b), (c), and (d), Section 533.014,
1-11 Health and Safety Code, are amended to read as follows:
1-12 (b) The board's first consideration in developing rules
1-13 under this section must be to satisfy individual patient treatment
1-14 needs in the most appropriate setting. The board shall also
1-15 consider reducing patient inconvenience resulting from admissions
1-16 and transfers between providers. <The rules must be based on the
1-17 advice and recommendations of the single portal review committee.>
1-18 (c) <The board may designate a local mental health authority
1-19 as a single portal authority for a service area if:>
1-20 <(1) the board determines that the authority operates
1-21 or contracts for the licensed inpatient mental health facilities
1-22 the board determines are necessary;>
1-23 <(2) the board determines that all core services
2-1 required by Section 534.053 are available in the service area; and>
2-2 <(3) the single portal review committee:>
2-3 <(A) determines that the core services in the
2-4 service area are of sufficient quality and quantity as measured by
2-5 criteria established by the committee;>
2-6 <(B) determines that the local mental health
2-7 authority meets the criteria set by the single portal review
2-8 committee, including receiving the endorsement of the application
2-9 from the county judges and the appropriate police chiefs who have
2-10 jurisdiction in the applicant's service area and from the
2-11 superintendent of the department mental health facility serving the
2-12 area; and>
2-13 <(C) approves the authority's application.>
2-14 <(d)> If the board designates a local mental health
2-15 authority as a single portal authority, the department shall notify
2-16 each judge who has probate jurisdiction in the service area and any
2-17 other person the single portal authority considers necessary of the
2-18 designation and the new procedures required in the area.
2-19 SECTION 3. Section 533.032, Health and Safety Code, is
2-20 amended to read as follows:
2-21 Sec. 533.032. LONG-RANGE PLAN. <(a)> The department shall
2-22 have a long-range plan covering at least six years that includes at
2-23 least the provisions required by Section 10, Article 4413(502),
2-24 Revised Statutes, and Article 6252-31, Revised Statutes, as added
2-25 by Chapter 384, Acts of the 72nd Legislature, Regular Session, 1991
3-1 <following elements:>
3-2 <(1) a statement of the department's mission, goals,
3-3 and objectives;>
3-4 <(2) quantifiable indicators of effort and success;>
3-5 <(3) an identification of priority populations and the
3-6 minimum services necessary for those populations;>
3-7 <(4) a description of the appropriate use of
3-8 facilities, including the role of state hospitals and schools,
3-9 considering their size, function, and specialization and the
3-10 criteria for adding needed beds and phasing out uneconomical and
3-11 unneeded beds;>
3-12 <(5) a description of the service delivery system
3-13 while the plan is being implemented, including estimates of the
3-14 number of persons to be served by department facilities and
3-15 community-based services and the costs of the services; and>
3-16 <(6) a comprehensive assessment of needs and a
3-17 statewide inventory of resources.>
3-18 <(b) The department shall revise the plan by January 1 of
3-19 each even-numbered year.>
3-20 <(c) The department shall identify and project the costs
3-21 related to implementing the plan.>
3-22 <(d) As part of the department's budget preparation process,
3-23 the department shall biennially assess its achievement of the goals
3-24 identified in the plan. The department should make each biennial
3-25 budget request according to the results of the assessment, with
4-1 requests for new program funding and continued funding made
4-2 according to demonstrated need.>
4-3 <(e) The department should develop and maintain a data base
4-4 appropriate to the planning effort>.
4-5 SECTION 4. Section 533.042, Health and Safety Code, is
4-6 amended to read as follows:
4-7 Sec. 533.042. <ANNUAL> EVALUATION OF ELDERLY RESIDENTS.
4-8 (a) The department shall evaluate each elderly resident at least
4-9 annually to determine if the resident can be appropriately served
4-10 in a less restrictive setting.
4-11 (b) The department shall consider the proximity to the
4-12 resident of family, friends, and advocates concerned with the
4-13 resident's well-being in determining whether the resident should be
4-14 moved from a department facility or to a different department
4-15 facility. The department shall recognize that a nursing home may
4-16 not be able to meet the special needs of an elderly resident.
4-17 (c) In evaluating an elderly resident under this section and
4-18 to ensure appropriate placement, the department shall identify the
4-19 special needs of the resident, the types of services that will best
4-20 meet those needs, and the type of facility that will best provide
4-21 those services.
4-22 (d) The treating physician shall conduct the evaluation of
4-23 an elderly resident of a department mental health facility. The
4-24 appropriate interdisciplinary team shall conduct the evaluation of
4-25 an elderly resident of a department mental retardation facility.
5-1 (e) The department shall attempt to place an elderly
5-2 resident in a less restrictive setting if the department determines
5-3 that the resident can be appropriately served in that setting. The
5-4 department shall coordinate the attempt with the local mental
5-5 health and mental retardation authority.
5-6 (f) A local mental health or mental retardation authority
5-7 shall provide continuing care for an elderly resident placed in the
5-8 authority's service area under this section.
5-9 (g) The local mental health or mental retardation authority
5-10 shall have the right of access to all residents and records of
5-11 residents who request continuing care services.
5-12 SECTION 5. (a) Section 534.0155, Health and Safety Code, as
5-13 added by Section 6.21, H.B. No. 947, Acts of the 73rd Legislature,
5-14 Regular Session, 1993, is amended to read as follows:
5-15 Sec. 534.0155. FOR WHOM SERVICES MAY BE PROVIDED. (a) This
5-16 subtitle does not prevent a community center from providing
5-17 services to a person with chemical dependency or to a person with a
5-18 mental disability, as that term is defined by Section 535.001.
5-19 (b) A community center may provide those services by
5-20 contracting with a public or private agency in addition to the
5-21 department.
5-22 <(c) A community center may not provide services to a person
5-23 with a disability that is not listed in the definition of person
5-24 with a mental disability provided by Section 535.001, except that a
5-25 community center that, on or before September 1, 1991, has
6-1 contracted to provide services to a person with a disability that
6-2 is not listed in that definition may continue to receive funding
6-3 and provide services to that person for the term of the contract.>
6-4 (b) This section takes effect only if H.B. No. 947, Acts of
6-5 the 73rd Legislature, Regular Session, 1993, finally passes and is
6-6 approved by the governor.
6-7 SECTION 6. Section 534.020, Health and Safety Code, is
6-8 amended to read as follows:
6-9 Sec. 534.020. ACQUISITION AND CONSTRUCTION OF PROPERTY AND
6-10 FACILITIES BY COMMUNITY CENTER. (a) A community center may
6-11 purchase or lease-purchase <lease> real and personal property and
6-12 may construct buildings and facilities.
6-13 (b) The board of trustees shall require that an appraiser
6-14 certified by the Texas Appraiser Licensing and Certification Board
6-15 conduct an independent appraisal of real estate the community
6-16 center intends to purchase. The board of trustees may waive this
6-17 requirement if the purchase price is less than the value listed for
6-18 the property by the local appraisal district and the property has
6-19 been appraised by the local appraisal district within the preceding
6-20 two years. A community center may not purchase or lease-purchase
6-21 property for an amount that is greater than the property's
6-22 appraised value unless:
6-23 (1) the purchase or lease-purchase of that property at
6-24 that price is necessary;
6-25 (2) the board of trustees documents in the official
7-1 minutes the reasons why the purchase or lease-purchase is necessary
7-2 at that price; and
7-3 (3) a majority of the board approves the transaction.
7-4 (c) The board of trustees shall establish in accordance with
7-5 relevant department rules competitive bidding procedures and
7-6 practices for capital purchases and for purchases involving
7-7 department funds or required local matching funds.
7-8 SECTION 7. Subsection (b), Section 534.021, Health and
7-9 Safety Code, is amended to read as follows:
7-10 (b) A community center must notify the department not later
7-11 than the 31st <61st> day before it enters into a binding obligation
7-12 to acquire real property, including a building, if the acquisition
7-13 does not involve the use of department funds or local funds
7-14 required to match department funds. The commissioner, on request,
7-15 may waive the 30-day <60 day> requirement on a case-by-case basis.
7-16 SECTION 8. (a) Section 534.033, Health and Safety Code, as
7-17 added by Chapter 76, Acts of the 72nd Legislature, Regular Session,
7-18 1991, and as amended by Section 6, Chapter 569, Acts of the 72nd
7-19 Legislature, Regular Session, 1991, is conformed and amended to
7-20 read as follows:
7-21 Sec. 534.033. LIMITATION ON DEPARTMENT CONTROL AND REVIEW.
7-22 (a) It is the intent of the legislature that the department limit
7-23 its control over, and routine reviews of, community center programs
7-24 to those programs that:
7-25 (1) use department <state> funds or use required local
8-1 funds that are matched with department <state> funds;
8-2 (2) provide core or required services;
8-3 (3) provide services to former clients or patients of
8-4 a department facility; or
8-5 (4) are affected by litigation in which the department
8-6 is a defendant.
8-7 (b) The department may review any community center program
8-8 if the department has reason to suspect that a violation of a
8-9 department rule has occurred or if the department receives an
8-10 allegation of patient or client abuse.
8-11 (c) The department may determine whether a particular
8-12 program uses department <state> funds or uses required local
8-13 matching funds.
8-14 (d) This Act does not prevent a community center from
8-15 providing services to a person with chemical dependency or to a
8-16 person who is a "mentally disabled person," as that term is defined
8-17 by Section 535.001 <5.01 of this Act, as added by Chapter 835, Acts
8-18 of the 70th Legislature, Regular Session, 1987>. A community
8-19 center may provide those services by contracting with a public or
8-20 private agency in addition to the department <Department. A
8-21 community center may not provide services to a person with a
8-22 disability that is not listed in the definition of "mentally
8-23 disabled person" provided by Section 5.01 of this Act. However, a
8-24 community center that, on or before September 1, 1991, has
8-25 contracted to provide services to a person with a disability that
9-1 is not listed in that definition may continue to receive funding
9-2 and provide services to that person for the term of the contract>.
9-3 (b) This section takes effect only if H.B. No. 947, Acts of
9-4 the 73rd Legislature, Regular Session, 1993, does not finally pass
9-5 or is not approved by the governor.
9-6 SECTION 9. Subchapter B, Chapter 534, Health and Safety
9-7 Code, is amended by adding Section 534.0675 to read as follows:
9-8 Sec. 534.0675. NOTICE OF DENIAL, REDUCTION, OR TERMINATION
9-9 OF SERVICES. The board by rule, in cooperation with local mental
9-10 health and mental retardation authorities, consumers, consumer
9-11 advocates, and service providers, shall establish a uniform
9-12 procedure that each local mental health or mental retardation
9-13 authority shall use to notify consumers in writing of the denial,
9-14 involuntary reduction, or termination of services and of the right
9-15 to appeal those decisions.
9-16 SECTION 10. Section 574.081, Health and Safety Code, is
9-17 amended by amending Subsection (e) and adding Subsection (f) to
9-18 read as follows:
9-19 (e) The facility administrator or the administrator's
9-20 designee shall have the right of access to discharged patients and
9-21 records of patients who request continuing care services.
9-22 (f) A patient who is to be discharged may refuse the
9-23 continuing care services.
9-24 SECTION 11. Section 591.011, Health and Safety Code, is
9-25 amended by amending Subsection (e) and adding Subsection (f) to
10-1 read as follows:
10-2 (e) The department shall have the right of access to all
10-3 residents and records of residents who are placed with residential
10-4 service providers.
10-5 (f) The department's responsibilities under this subtitle
10-6 are in addition to all other responsibilities and duties of the
10-7 department under other law.
10-8 SECTION 12. Section 533.013, Health and Safety Code, is
10-9 repealed.
10-10 SECTION 13. The Texas Board of Mental Health and Mental
10-11 Retardation shall adopt the rule required by Section 534.0675,
10-12 Health and Safety Code, as added by this Act, by September 1, 1993.
10-13 SECTION 14. (a) Except as provided by Subsection (b) of
10-14 this section, this Act takes effect immediately.
10-15 (b) Sections 5 and 8 of this Act take effect as provided by
10-16 those sections.
10-17 SECTION 15. The importance of this legislation and the
10-18 crowded condition of the calendars in both houses create an
10-19 emergency and an imperative public necessity that the
10-20 constitutional rule requiring bills to be read on three several
10-21 days in each house be suspended, and this rule is hereby suspended,
10-22 and that this Act take effect and be in force from and after its
10-23 passage, and it is so enacted.