S.B. No. 160
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. Section 222.042, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 222.042. Licensing of ICF-MR Beds and Facilities. The
1-7 department may not license or approve as meeting licensing
1-8 standards new ICF-MR beds or the expansion of an existing ICF-MR
1-9 facility unless<:>
1-10 <(1)> the new beds or the expansion was included in
1-11 the plan approved by the Health and Human Services Commission in
1-12 accordance with Section 533.062 <Interagency Council on ICF-MR
1-13 Facilities in accordance with Section 2.43, Texas Mental Health and
1-14 Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
1-15 Statutes); and>
1-16 <(2) the Texas Department of Mental Health and Mental
1-17 Retardation has approved the beds or the expansion for
1-18 certification in accordance with Section 2.44, Texas Mental Health
1-19 and Mental Retardation Act (Article 5547-202, Vernon's Texas Civil
1-20 Statutes)>.
1-21 SECTION 2. Subchapter A, Chapter 533, Health and Safety
1-22 Code, is amended by adding Section 533.0075 to read as follows:
1-23 Sec. 533.0075. EXCHANGE OF EMPLOYMENT RECORDS. The
2-1 department shall make available to a community center, on request,
2-2 the employment records of a department employee or former employee
2-3 who applies for employment at the community center.
2-4 SECTION 3. Subsections (b), (c), and (d), Section 533.014,
2-5 Health and Safety Code, are amended to read as follows:
2-6 (b) The board's first consideration in developing rules
2-7 under this section must be to satisfy individual patient treatment
2-8 needs in the most appropriate setting. The board shall also
2-9 consider reducing patient inconvenience resulting from admissions
2-10 and transfers between providers. <The rules must be based on the
2-11 advice and recommendations of the single portal review committee.>
2-12 (c) <The board may designate a local mental health authority
2-13 as a single portal authority for a service area if:>
2-14 <(1) the board determines that the authority operates
2-15 or contracts for the licensed inpatient mental health facilities
2-16 the board determines are necessary;>
2-17 <(2) the board determines that all core services
2-18 required by Section 534.053 are available in the service area; and>
2-19 <(3) the single portal review committee:>
2-20 <(A) determines that the core services in the
2-21 service area are of sufficient quality and quantity as measured by
2-22 criteria established by the committee;>
2-23 <(B) determines that the local mental health
2-24 authority meets the criteria set by the single portal review
2-25 committee, including receiving the endorsement of the application
3-1 from the county judges and the appropriate police chiefs who have
3-2 jurisdiction in the applicant's service area and from the
3-3 superintendent of the department mental health facility serving the
3-4 area; and>
3-5 <(C) approves the authority's application.>
3-6 <(d)> If the board designates a local mental health
3-7 authority as a single portal authority, the department shall notify
3-8 each judge who has probate jurisdiction in the service area and any
3-9 other person the single portal authority considers necessary of the
3-10 designation and the new procedures required in the area.
3-11 SECTION 4. Section 533.032, Health and Safety Code, is
3-12 amended to read as follows:
3-13 Sec. 533.032. LONG-RANGE PLAN. <(a)> The department shall
3-14 have a long-range plan covering at least six years that includes at
3-15 least the provisions required by Section 10, Article 4413(502),
3-16 Revised Statutes, and Article 6252-31, Revised Statutes, as added
3-17 by Chapter 384, Acts of the 72nd Legislature, Regular Session, 1991
3-18 <following elements:>
3-19 <(1) a statement of the department's mission, goals,
3-20 and objectives;>
3-21 <(2) quantifiable indicators of effort and success;>
3-22 <(3) an identification of priority populations and the
3-23 minimum services necessary for those populations;>
3-24 <(4) a description of the appropriate use of
3-25 facilities, including the role of state hospitals and schools,
4-1 considering their size, function, and specialization and the
4-2 criteria for adding needed beds and phasing out uneconomical and
4-3 unneeded beds;>
4-4 <(5) a description of the service delivery system
4-5 while the plan is being implemented, including estimates of the
4-6 number of persons to be served by department facilities and
4-7 community-based services and the costs of the services; and>
4-8 <(6) a comprehensive assessment of needs and a
4-9 statewide inventory of resources.>
4-10 <(b) The department shall revise the plan by January 1 of
4-11 each even-numbered year.>
4-12 <(c) The department shall identify and project the costs
4-13 related to implementing the plan.>
4-14 <(d) As part of the department's budget preparation process,
4-15 the department shall biennially assess its achievement of the goals
4-16 identified in the plan. The department should make each biennial
4-17 budget request according to the results of the assessment, with
4-18 requests for new program funding and continued funding made
4-19 according to demonstrated need.>
4-20 <(e) The department should develop and maintain a data base
4-21 appropriate to the planning effort>.
4-22 SECTION 5. Section 533.042, Health and Safety Code, is
4-23 amended to read as follows:
4-24 Sec. 533.042. <ANNUAL> EVALUATION OF ELDERLY RESIDENTS.
4-25 (a) The department shall evaluate each elderly resident at least
5-1 annually to determine if the resident can be appropriately served
5-2 in a less restrictive setting.
5-3 (b) The department shall consider the proximity to the
5-4 resident of family, friends, and advocates concerned with the
5-5 resident's well-being in determining whether the resident should be
5-6 moved from a department facility or to a different department
5-7 facility. The department shall recognize that a nursing home may
5-8 not be able to meet the special needs of an elderly resident.
5-9 (c) In evaluating an elderly resident under this section and
5-10 to ensure appropriate placement, the department shall identify the
5-11 special needs of the resident, the types of services that will best
5-12 meet those needs, and the type of facility that will best provide
5-13 those services.
5-14 (d) The treating physician shall conduct the evaluation of
5-15 an elderly resident of a department mental health facility. The
5-16 appropriate interdisciplinary team shall conduct the evaluation of
5-17 an elderly resident of a department mental retardation facility.
5-18 (e) The department shall attempt to place an elderly
5-19 resident in a less restrictive setting if the department determines
5-20 that the resident can be appropriately served in that setting. The
5-21 department shall coordinate the attempt with the local mental
5-22 health and mental retardation authority.
5-23 (f) A local mental health or mental retardation authority
5-24 shall provide continuing care for an elderly resident placed in the
5-25 authority's service area under this section.
6-1 (g) The local mental health or mental retardation authority
6-2 shall have the right of access to all residents and records of
6-3 residents who request continuing care services.
6-4 SECTION 6. Section 533.062, Health and Safety Code, is
6-5 amended to read as follows:
6-6 Sec. 533.062. PLAN ON LONG-TERM CARE FOR PERSONS WITH MENTAL
6-7 RETARDATION <ICF-MR FACILITIES>. (a) The department shall
6-8 biennially develop a proposed <annually> plan on long-term care for
6-9 persons with mental retardation <for the creation of new beds in
6-10 the ICF-MR program>.
6-11 (b) The proposed plan must specify the capacity of the HCS
6-12 waiver program for persons with mental retardation and the number
6-13 and levels of new ICF-MR beds to be authorized <created> in each
6-14 region. In developing the proposed plan, the department shall
6-15 consider:
6-16 (1) the needs of the population to be served;
6-17 (2) projected appropriation amounts for the biennium
6-18 <the resources of the governmental entities responsible for
6-19 providing services>; and
6-20 (3) the requirements of applicable federal law.
6-21 (c) Each proposed plan shall cover the subsequent fiscal
6-22 biennium <year>. The department shall conduct a public hearing on
6-23 the proposed plan. Not later than July 1 of each even-numbered
6-24 year, the department shall submit the plan to the Health and Human
6-25 Services Commission <Interagency Council on ICF-MR Facilities> for
7-1 approval.
7-2 (d) The Health and Human Services Commission may modify the
7-3 proposed plan as necessary before its final approval. In
7-4 determining the appropriate number of ICF-MR facilities for persons
7-5 with a related condition, the department and the Health and Human
7-6 Services Commission shall consult with the Texas Department of
7-7 Human Services <board by rule shall adopt the plan approved by the
7-8 Interagency Council on ICF-MR Facilities>.
7-9 (e) The Health and Human Services Commission shall submit
7-10 the proposed plan as part of the consolidated health and human
7-11 services budget recommendation required under Section 13, Article
7-12 4413(502), Revised Statutes <department may submit to the
7-13 Interagency Council on ICF-MR Facilities proposed amendments to a
7-14 plan in operation that the department considers necessary>.
7-15 (f) After legislative action on the appropriation for
7-16 long-term care services for persons with mental retardation, the
7-17 Health and Human Services Commission shall adjust the plan to
7-18 ensure that the number of ICF-MR beds licensed or approved as
7-19 meeting license requirements and the capacity of the HCS waiver
7-20 program are within appropriated funding amounts.
7-21 (g) After any necessary adjustments, the Health and Human
7-22 Services Commission shall approve the final biennial plan and
7-23 publish the plan in the Texas Register.
7-24 (h) The department may submit proposed amendments to the
7-25 plan to the Health and Human Services Commission.
8-1 (i) In this section, "HCS waiver program" means services
8-2 under the state Medicaid home and community-based services waiver
8-3 program for persons with mental retardation adopted in accordance
8-4 with 42 U.S.C. Section 1396n(c).
8-5 SECTION 7. (a) Section 534.0155, Health and Safety Code, as
8-6 added by Section 6.21, H.B. No. 947, Acts of the 73rd Legislature,
8-7 Regular Session, 1993, is amended to read as follows:
8-8 Sec. 534.0155. FOR WHOM SERVICES MAY BE PROVIDED. (a) This
8-9 subtitle does not prevent a community center from providing
8-10 services to a person with chemical dependency or to a person with a
8-11 mental disability, as that term is defined by Section 535.001.
8-12 (b) A community center may provide those services by
8-13 contracting with a public or private agency in addition to the
8-14 department.
8-15 <(c) A community center may not provide services to a person
8-16 with a disability that is not listed in the definition of person
8-17 with a mental disability provided by Section 535.001, except that a
8-18 community center that, on or before September 1, 1991, has
8-19 contracted to provide services to a person with a disability that
8-20 is not listed in that definition may continue to receive funding
8-21 and provide services to that person for the term of the contract.>
8-22 (b) This section takes effect only if H.B. No. 947, Acts of
8-23 the 73rd Legislature, Regular Session, 1993, finally passes and is
8-24 approved by the governor.
8-25 SECTION 8. Section 534.020, Health and Safety Code, is
9-1 amended to read as follows:
9-2 Sec. 534.020. ACQUISITION AND CONSTRUCTION OF PROPERTY AND
9-3 FACILITIES BY COMMUNITY CENTER. (a) A community center may
9-4 purchase or lease-purchase <lease> real and personal property and
9-5 may construct buildings and facilities.
9-6 (b) The board of trustees shall require that an appraiser
9-7 certified by the Texas Appraiser Licensing and Certification Board
9-8 conduct an independent appraisal of real estate the community
9-9 center intends to purchase. The board of trustees may waive this
9-10 requirement if the purchase price is less than the value listed for
9-11 the property by the local appraisal district and the property has
9-12 been appraised by the local appraisal district within the preceding
9-13 two years. A community center may not purchase or lease-purchase
9-14 property for an amount that is greater than the property's
9-15 appraised value unless:
9-16 (1) the purchase or lease-purchase of that property at
9-17 that price is necessary;
9-18 (2) the board of trustees documents in the official
9-19 minutes the reasons why the purchase or lease-purchase is necessary
9-20 at that price; and
9-21 (3) a majority of the board approves the transaction.
9-22 (c) The board of trustees shall establish in accordance with
9-23 relevant department rules competitive bidding procedures and
9-24 practices for capital purchases and for purchases involving
9-25 department funds or required local matching funds.
10-1 SECTION 9. (a) Subsections (a) and (b), Section 534.021,
10-2 Health and Safety Code, are amended to read as follows:
10-3 (a) A community center must receive from the department
10-4 prior written approval to acquire real property, including a
10-5 building, if the acquisition involves the use of department funds
10-6 or local funds required to match department funds. In addition,
10-7 for acquisition of nonresidential property, the community center
10-8 must notify each local agency that appoints members to the board of
10-9 trustees not later than the 31st day before it enters into a
10-10 binding obligation to acquire the property.
10-11 (b) A community center must notify the department and each
10-12 local agency that appoints members to the board of trustees not
10-13 later than the 31st <61st> day before it enters into a binding
10-14 obligation to acquire real property, including a building, if the
10-15 acquisition does not involve the use of department funds or local
10-16 funds required to match department funds. The commissioner, on
10-17 request, may waive the 30-day <60-day> requirement on a
10-18 case-by-case basis.
10-19 (b) This section takes effect September 1, 1993, and applies
10-20 only to a binding obligation to acquire real property entered into
10-21 on or after the effective date of this section.
10-22 SECTION 10. (a) Section 534.033, Health and Safety Code, as
10-23 added by Chapter 76, Acts of the 72nd Legislature, Regular Session,
10-24 1991, and as amended by Section 6, Chapter 569, Acts of the 72nd
10-25 Legislature, Regular Session, 1991, is conformed and amended to
11-1 read as follows:
11-2 Sec. 534.033. LIMITATION ON DEPARTMENT CONTROL AND REVIEW.
11-3 (a) It is the intent of the legislature that the department limit
11-4 its control over, and routine reviews of, community center programs
11-5 to those programs that:
11-6 (1) use department <state> funds or use required local
11-7 funds that are matched with department <state> funds;
11-8 (2) provide core or required services;
11-9 (3) provide services to former clients or patients of
11-10 a department facility; or
11-11 (4) are affected by litigation in which the department
11-12 is a defendant.
11-13 (b) The department may review any community center program
11-14 if the department has reason to suspect that a violation of a
11-15 department rule has occurred or if the department receives an
11-16 allegation of patient or client abuse.
11-17 (c) The department may determine whether a particular
11-18 program uses department <state> funds or uses required local
11-19 matching funds.
11-20 (d) This Act does not prevent a community center from
11-21 providing services to a person with chemical dependency or to a
11-22 person who is a "mentally disabled person," as that term is defined
11-23 by Section 535.001 <5.01 of this Act, as added by Chapter 835, Acts
11-24 of the 70th Legislature, Regular Session, 1987>. A community
11-25 center may provide those services by contracting with a public or
12-1 private agency in addition to the department <Department. A
12-2 community center may not provide services to a person with a
12-3 disability that is not listed in the definition of "mentally
12-4 disabled person" provided by Section 5.01 of this Act. However, a
12-5 community center that, on or before September 1, 1991, has
12-6 contracted to provide services to a person with a disability that
12-7 is not listed in that definition may continue to receive funding
12-8 and provide services to that person for the term of the contract>.
12-9 (b) This section takes effect only if H.B. No. 947, Acts of
12-10 the 73rd Legislature, Regular Session, 1993, does not finally pass
12-11 or is not approved by the governor.
12-12 SECTION 11. Subchapter B, Chapter 534, Health and Safety
12-13 Code, is amended by adding Section 534.0675 to read as follows:
12-14 Sec. 534.0675. NOTICE OF DENIAL, REDUCTION, OR TERMINATION
12-15 OF SERVICES. The board by rule, in cooperation with local mental
12-16 health and mental retardation authorities, consumers, consumer
12-17 advocates, and service providers, shall establish a uniform
12-18 procedure that each local mental health or mental retardation
12-19 authority shall use to notify consumers in writing of the denial,
12-20 involuntary reduction, or termination of services and of the right
12-21 to appeal those decisions.
12-22 SECTION 12. Section 574.081, Health and Safety Code, is
12-23 amended by amending Subsection (e) and adding Subsection (f) to
12-24 read as follows:
12-25 (e) The facility administrator or the administrator's
13-1 designee shall have the right of access to discharged patients and
13-2 records of patients who request continuing care services.
13-3 (f) A patient who is to be discharged may refuse the
13-4 continuing care services.
13-5 SECTION 13. Section 591.011, Health and Safety Code, is
13-6 amended by amending Subsection (e) and adding Subsection (f) to
13-7 read as follows:
13-8 (e) The department shall have the right of access to all
13-9 residents and records of residents who are placed with residential
13-10 service providers.
13-11 (f) The department's responsibilities under this subtitle
13-12 are in addition to all other responsibilities and duties of the
13-13 department under other law.
13-14 SECTION 14. Chapter 123, Human Resources Code, is amended by
13-15 adding Section 123.010 to read as follows:
13-16 Sec. 123.010. ENSURING THE SAFETY OF RESIDENTS. The Texas
13-17 Department of Mental Health and Mental Retardation shall make every
13-18 reasonable effort to ensure the safety of community home residents
13-19 and the residents of a neighborhood that is affected by the
13-20 location of a community home.
13-21 SECTION 15. Section 533.013, Health and Safety Code, is
13-22 repealed.
13-23 SECTION 16. Section 533.061, Health and Safety Code, is
13-24 repealed.
13-25 SECTION 17. The Texas Board of Mental Health and Mental
14-1 Retardation shall adopt the rule required by Section 534.0675,
14-2 Health and Safety Code, as added by this Act, by September 1, 1993.
14-3 SECTION 18. (a) Not later than October 1, 1993, the Texas
14-4 Department of Mental Health and Mental Retardation shall submit to
14-5 the Health and Human Services Commission the proposed plan for the
14-6 1994-1995 biennium as required by Section 533.062, Health and
14-7 Safety Code, as amended by this Act.
14-8 (b) In addition to the changes in law made by this Act
14-9 relating to the provision of services to persons with mental
14-10 retardation, this Act conforms certain provisions of the Health and
14-11 Safety Code relating to the provision of those services to changes
14-12 in the law made by Section 1, Chapter 248, Acts of the 72nd
14-13 Legislature, Regular Session, 1991.
14-14 (c) Section 1, Chapter 248, Acts of the 72nd Legislature,
14-15 Regular Session, 1991, is repealed.
14-16 SECTION 19. (a) Except as provided by Subsection (b) of
14-17 this section, this Act takes effect immediately.
14-18 (b) Sections 7, 9, and 10 of this Act take effect as
14-19 provided by those sections.
14-20 SECTION 20. This Act does not affect the transfer of powers,
14-21 duties, rights, and obligations of the Texas Department of Health
14-22 to the Texas Department of Human Services or another agency as
14-23 prescribed by Section 1.11, Chapter 15, Acts of the 72nd
14-24 Legislature, 1st Called Session, 1991, or by any other law.
14-25 SECTION 21. The importance of this legislation and the
15-1 crowded condition of the calendars in both houses create an
15-2 emergency and an imperative public necessity that the
15-3 constitutional rule requiring bills to be read on three several
15-4 days in each house be suspended, and this rule is hereby suspended,
15-5 and that this Act take effect and be in force from and after its
15-6 passage, and it is so enacted.