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.